BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1561
                                                                  Page  1

          Date of Hearing:   May 16, 2001

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                              Carole Migden, Chairwoman

                   AB 1561 (Kelley) - As Amended:  April 26, 2001 

          Policy Committee:                              Water, Parks &  
          Wildlife     Vote:                            13-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill declares legislative intent to address the issue  
          killing birds and fully-protected species as a result of the  
          implementation of either the Lower Colorado River Multi-Species  
          Conservation Program (program) or the Colorado River Water Use  
          Plan (plan).

           FISCAL EFFECT  

          Potentially moderate costs, at least $200,000 one-time probably  
          in FY 2002-03, to the Department of Fish and Game (DFG) to the  
          extent the department must establish a structure for allowing  
          the killing of these species as part of the program or plan.  
          (General Fund.)

           COMMENTS  

           1)Rationale  .  The author recognizes that implementation of  
            either the program or the plan could require, as a consequence  
            of carrying out infrastructure development and other  
            activities,  killing various birds of prey and species  
            currently listed on California's fully-protected list.  While  
            the Endangered Species Act (CESA) and its federal equivalent  
            (FESA) have provisions allowing for issuance of "incidental  
            take permits" under these circumstances, the California  
            prohibitions against killing birds of prey and  
            fully-protecting species do not.
           
          2)The Program .  The Lower Colorado River Multi-Species  
            Conservation Program was developed by representatives of  
            California, Arizona, Nevada, Indian tribes, the federal  








                                                                  AB 1561
                                                                  Page  2

            government and local and regional water and power agencies.   
            The program is to be implemented over a 50-year period to  
            address the needs of over 100 species and habitats within the  
            riparian corridor and the natural floodplain of the lower  
            Colorado River.

           3)The Plan  .  The Colorado Water Use Plan is currently being  
            developed by California to establish steps necessary to meet  
            the needs of southern California water users within its basic  
            annual apportionment of 4.4 million acre feet of water taken  
            from the river.

           Analysis Prepared by  :    Steve Archibald / APPR. / (916)  
          319-2081