BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1973
                                                                  Page  1

          Date of Hearing:   April 25, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 1973 (Olsen) - As Amended:  April 11, 2012 

          Policy Committee:                              Water, Parks and 
          Wildlife     Vote:                            12-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill allows the Department of Fish and Game (DFG) to 
          authorize the incidental take of the endangered limestone 
          salamander harmed as a result of the Department of 
          Transportation's (Caltrans) implementation of the Ferguson Slide 
          Permanent Restoration Project, if DFG determines Caltrans will 
          adopt appropriate avoidance and mitigation measures.

           FISCAL EFFECT  

          One-time costs, in the low tens of thousands of dollars, to DFG 
          to review Caltrans' avoidance and mitigation measures.  (Special 
          fund.)

           COMMENTS  

           1)Rationale.  The author intends the incidental take 
            authorization, provided by this bill, to allow implementation 
            of the Ferguson Slide Permanent Restoration Project.  The 
            project, on State Route 140, is one of the main access routes 
            into Yosemite National Park and may harm the limestone 
            salamander-a species in danger of extinction and fully 
            protected by state law.

           2)Background.   State Route 140 in Mariposa County is one of a 
            few roadways that provides vehicular access to Yosemite 
            National Park.  In 2006, a rockslide at Ferguson Ridge blocked 
            the road, leading to its closure.  Caltrans built two bridges 
            to allow temporary access for large vehicles and prepared a 
            draft environmental impact report (DEIR) for reconstruction of 
            the road.  Caltrans' DEIR identified potential harm to the 








                                                                  AB 1973
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            limestone salamander as an unintended consequence of 
            implementation of the project.   
                
            The limestone salamander is a fully protected species under 
            California law, which means DFG cannot issue incidental take 
            permits for the salamander.

           3)Support.   This bill is supported by Mariposa County (sponsor) 
            and the Regional Council of Rural Counties.  

          4)Opposition.   This bill was opposed by several environmental 
            groups prior to its being amended in policy committee. It is 
            not clear whether those groups remain opposed to the bill.  
           
           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081