BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1956
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1956 (Monning)
          As Amended  August 9, 2010
          Majority vote
           
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          |ASSEMBLY:  |72-0 |(April 22,      |SENATE: |22-11|(August 12,    |
          |           |     |2010)           |        |     |2010)          |
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           Original Committee Reference:    W., P. & W.

          SUMMARY  :  Allows a non-profit organization promoting recovery of  
          California condors by providing food for free-ranging condors to  
          be exempted from prohibitions against the transport of dead  
          animals if the organization is participating in a memorandum of  
          understanding (MOU) with the Department of Fish and Game (DFG)  
          and the organization is operating under a special permit  
          authorized by the State Veterinarian to haul dead animals.

           The Senate amendments  :

          1)Delete a provision in the Assembly-approved version requiring  
            that MOUs entered into by DFG with partners in a California  
            condor preservation program to allow for feeding of free  
            ranging condors be consistent with prescribed guidelines, and  
            requiring DFG to revise the terms of any MOU in effect on  
            January 1, 2011 that is inconsistent with the guidelines to  
            conform with the guidelines.

          2)Delete a provision in the Assembly-approved version exempting  
            DFG from an existing prohibition on the transport of dead  
            animals, and instead provide that a non-profit organization  
            promoting recovery of California condors by providing food for  
            free-ranging condors shall be exempt from the prohibition if  
            the organization is participating in an MOU with DFG to  
            provide food for condors and possesses a permit issued by the  
            secretary of Food and Agriculture. 

          3)Authorize the secretary of Food and Agriculture to issue an  
            annual permit to a nonprofit organization promoting recovery  
            of California condors for the purpose of authorizing transport  
            of dead animals to provide food for condors if specified  
            information is provided on the transport permit regarding the  
            number and type of animals, the probable cause of death, all  








                                                                  AB 1956
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            possible pickup and drop off locations, and the name of the  
            person providing the transportation. 

           EXISTING LAW  :

          1)Prohibits the transport of a dead animal to any place, other  
            than to a licensed rendering plant, licensed collection  
            center, animal disease diagnostic laboratory, crematory, or  
            approved destination in another state, unless a waiver is  
            granted by the State Veterinarian for certain specified  
            purposes such as an emergency.

          2)Authorizes DFG to provide for the feeding of game birds,  
            mammals or fish when natural foods are not available and to  
            provide suitable areas for such feeding.

           AS PASSED BY THE ASSEMBLY  , this bill required MOUs entered into  
          by DFG with participants in a condor preservation program to  
          allow for feeding of free-ranging condors to be consistent with  
          prescribed guidelines.  The guidelines specified the types of  
          animals that could be used to feed California condors and  
          criteria for feeding sites.  DFG would also be required to  
          revise any MOUs in effect on January 1, 2011 to be consistent  
          with the guidelines.  DFG would be exempted from prohibitions on  
          transport of dead animals for these purposes.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :   This bill addresses the need for California condor  
          recovery programs that involve supplemental feeding of  
          free-ranging condors to receive exemption from prohibitions on  
          the transport of dead animals that would otherwise apply to  
          these activities.  Under current law, the transport of dead  
          animals is prohibited except under narrow circumstances, unless  
          a waiver is granted by the State Veterinarian.  Waivers are only  
          authorized for certain purposes, and the current law does not  
          specifically address the particular needs of California condor  
          recovery feeding programs.

          The California condor is North America's largest terrestrial  
          bird, with a wingspan of nine and a half feet. The condor dates  
          back to before the Pleistocene era and has inhabited this  
          continent for at least 50,000 years.  Condors are scavengers and  
          feed primarily on dead carrion, which has been a source of  








                                                                  AB 1956
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          ingested lead ammunition fragments.  Although condors once  
          ranged over much of North America, by the 1940s their range had  
          been reduced to the coastal mountains of southern California.   
          Condors were listed as endangered in California in 1967.  The  
          condor reached near extinction in the early 1980s, with less  
          than 30 individual birds left alive in the wild.  Key factors  
          determined by biologists as contributing to the decline of the  
          condor include lead poisoning and illegal shooting, in addition  
          to habitat loss and other factors.  Scientists determined that  
          the only hope for the condor's survival was to institute a  
          captive breeding program.  The last wild birds were captured in  
          1987, and an intensive captive breeding program was instituted.   
          Biologists began reintroducing condors back into the wild in  
          1992.  Today they are being reintroduced into the mountains of  
          southern California north of the Los Angeles basin, in the Big  
          Sur vicinity of the central California coast, at Pinnacles  
          National Monument, and near the Grand Canyon in Arizona.  Just  
          this year, the first condor nest in California's Pinnacles  
          National Monument in 100 years was found with a single egg.   
          Condors typically do not begin breeding until they are 7 years  
          old and normally mate for life.

          The Ventana Wildlife Society, one of the principal managers of  
          the California condor recovery program, notes that feeding of  
          free-flying condors is essential at this time as part of the  
          reintroduction effort because young birds are often na?ve and do  
          not know where to find food on their own.  On-going feeding for  
          all wild condors also remains critically important to reduce the  
          threat of lead poisoning from spent ammunition.  Although  
          California law now requires that nonlead ammunition be used in  
          the condor range it may be years before compliance levels are  
          such that supplemental feeding will become unnecessary.  Many  
          agencies, including state, federal and non-governmental agencies  
          are working together to recover the condor to the wild.  Today  
          there are only 87 free-flying condors in the wild in California,  
          and only 350 total condors alive including those in captivity.   
          While the captive breeding program has met with tenuous success,  
          the condor's recovery still hangs in the balance.


           Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916)  
          319-2096                                               FN:  
          0005806