BILL ANALYSIS
AB 1561
Page 1
Date of Hearing: April 24, 2001
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Dean Florez, Chair
AB 1561 (Kelley) - As Amended: March 29, 2001
SUBJECT : Colorado River.
SUMMARY : Allows the Fish and Game Commission (Commission) or
the Department of Fish and Game (DFG) to authorize the taking of
certain species in connection with implementation of the Lower
Colorado River Multi-Species Conservation Plan or the Colorado
River Water Use Plan. Specifically, this bill :
1)Allows the Commission or DFG to authorize the taking of:
birds in the orders Falconiformes or Strigiformes
(birds-of-prey); certain other bird species, specifically the
aigrette or egret, osprey, bird of paradise, goura, and
numidi; and, species listed in statute as fully protected
species.
2)Allows such take authorization only in connection with the
implementation of the Lower Colorado River Multi-Species
Conservation Program and the Colorado River Water Use Plan
(formally Colorado River 4.4 Plan) prepared by the Colorado
River Board of California.
3)Requires that the taking of any such species be authorized
under the same conditions as the Commission or DFG may
authorize the taking of an endangered, threatened or candidate
species.
EXISTING LAW :
1)Permits the taking of endangered, threatened or candidate
species if the taking is authorized by DFG through a permit or
memorandum of understanding, or in a natural communities
conservation plan, habitat conservation plan, or other plan or
agreement approved by or entered into by DFG.
2)Prohibits the taking or possession of fully protected birds,
mammals, reptiles, amphibians, and fish and any parts of those
animals.
3)Identifies specifically in the California Fish and Game Code
AB 1561
Page 2
37 "fully protected species".
a) Section 3511. American peregrine falcon, brown pelican,
California black rail, California clapper rail, California
condor, California least tern, Golden eagle, Greater
sandhill crane, Light-footed clapper rail, Southern bald
eagle, Trumpeter swan, White-tailed kite, and Yuma clapper
rail.
a) Section 4700. Morro Bay kangaroo rat, Bighorn sheep
(except Nelson bighorn sheep), Northern elephant seal,
Guadalupe fur seal, Ring-tailed cat, Pacific right whale,
Salt-marsh harvest mouse, Southern sea otter, and
Wolverine.
a) Section 5050. Blunt-nosed leopard lizard, San Francisco
garter snake, Santa Cruz long-toed salamander, Limestone
salamander, and Black toad.
a) Section 5515. Colorado River squawfish, Thicktail chub,
Mohave chub, Lost River sucker, Modoc sucker, Shortnose
sucker, Humpback sucker, Owens River pupfish, Unarmored
threespine stickleback, and Rough sculpin.
1)Prohibits the taking of any birds in the orders Falconiformes
or Strigiformes (birds-of-prey) except as otherwise provided
in law or regulation.
2)Prohibits the taking of any aigrette or egret, osprey, bird of
paradise, goura, or numidi.
FISCAL EFFECT : Unknown.
COMMENTS :
The fully protected designation was created in statute in 1970,
14 years prior to the enactment of the California Endangered
Species Act (CESA). The California fully protected statutes
have no federal equivalent.
Most of the species designated as fully protected species are
also listed by the State as threatened or endangered. The
AB 1561
Page 3
exceptions are: Golden eagle, Trumpeter swan, White-tailed
kite, Northern elephant seal, Ring-tailed cat, Pacific right
whale, Southern sea otter, and Thicktail chub. The Pacific
right whale is listed as endangered under the federal Endangered
Species Act (FESA) and the Southern sea otter is listed as
threatened under FESA. The Thicktail chub is extinct.
The take prohibition for birds-of-prey became law in 1985.
The take prohibition for any aigrette or egret, osprey, bird of
paradise, goura or numidi became law in 1957.
The Lower Colorado River Multi-Species Conservation Program
(MSCP) is a multi-species conservation program developed by
representatives from Arizona, California, Nevada, Native Indian
Tribes, the United States, and local and regional water and
power management agencies. The MSCP will be implemented over a
50-year period following its planned adoption in early 2002.
The MSCP addresses the needs of over 100 species and several
habitats associated with the riverine corridor and the historic
floodplain of the lower Colorado River.
The Colorado River Water Use Plan (CRWUP) is a framework
document that is being developed to allow California to meet its
Colorado River water needs within its basic annual apportionment
of 4.4 million acre-feet. Components of the CRWUP will be
implemented over the next 15 years.
Both the MSCP and CRWUP may result in the incidental take of
species listed under federal and California law. The FESA
allows for incidental take permits to non-federal entities
through implementation of a habitat conservation plan (HCP).
The DFG has determined that the take prohibitions found in state
statute precludes DFG from issuing take permits for these fully
protected species as it does for endangered and threatened
species.
Other bills dealing with the issue of fully protected species
this session are AB 985 (Florez) and AB 1598 (Hollingsworth).
REGISTERED SUPPORT / OPPOSITION :
Support
California Chamber of Commerce
AB 1561
Page 4
City of Los Angeles (co-sponsor)
Coachella Valley Water District (co-sponsor)
Imperial Irrigation District (co-sponsor)
Metropolitan Water District of Southern California (co-sponsor)
Resource Landowners Coalition
San Diego County Water Authority (co-sponsor)
Opposition
None on File
Analysis Prepared by : Kathy Mannion / W., P. & W. / (916)
319-2096