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