BILL ANALYSIS                                                                                                                                                                                                    



          
           AB 1956
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1956 (Monning)
          As Amended  August 20, 2010
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |72-0 |(April 22,      |SENATE: |22-9 |(August 24,    |
          |           |     |2010)           |        |     |2010)          |
           ----------------------------------------------------------------- 
            
           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 special permit issued  
            by the Secretary of the California Department Food and  
            Agriculture (CDFA).

          3)Authorize CDFA to issue a special 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  








          
           AB 1956
                                                                  Page  2

            transport permit regarding the number and type of animals, the  
            probable cause of death as determined by a state licensed  
            veterinarian, all possible pickup and drop off locations, and  
            the licensed dead animal hauler 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.  AB 1956 provides an alternative  
          option for narrow and identified persons to move dead animals in  
          order to provide feed for the California condor.









          
           AB 1956
                                                                  Page  3

          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.  

          Dead animals are potential vectors of disease that can pose  
          severe public and animal health impacts, if not properly handled  
          and disposed.  Oversight by and reporting to CDFA, as required  
          by AB 1956, should provide that protection for public and animal  
          health while assisting in this unique recovery program for the  
          California condor.  While the condor's captive breeding program  
          has met with tenuous success, the condor's recovery still hangs  
          in the balance.  AB 1956 seeks to aid in that recovery while  
          protecting public and animal health in California.


           Analysis Prepared by  :    Jim Collin / AGRI. / (916) 319-2084 


                                                                 FN:  
          0006562