BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1561
                                                                  Page  1

          ASSEMBLY THIRD READING
          AB 1561 (Kelley)
          As Amended April 26, 2001
          Majority vote 

           WATER, PARKS & WILDLIFE          13-0                
          APPROPRIATIONS    21-0          
           
           ----------------------------------------------------------------- 
          |Ayes:|Florez, Dickerson,        |Ayes:|Migden, Bates, Alquist,   |
          |     |Calderon, Frommer,        |     |Aroner, Ashburn, Cedillo, |
          |     |Goldberg, Hollingsworth,  |     |Corbett, Correa, Daucher, |
          |     |Kehoe, Kelley, Leslie,    |     |Goldberg, Maldonado,      |
          |     |Pavley, Thomson, Wayne,   |     |Robert Pacheco, Papan,    |
          |     |Wyman                     |     |Pavley, Runner, Simitian, |
          |     |                          |     |Thomson, Wesson, Wiggins, |
          |     |                          |     |Wright, Zettel            |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  States the intent of the Legislature to address the  
          issues of authorizing the taking of certain birds and fully  
          protected species caused by the implementation of any component  
          of the Lower Colorado River Multi-Species Conservation Program  
          (MSCP) or by implementation of any component of the California  
          Colorado River Water Use Plan (CRWUP). 

           EXISTING LAW  :  

           1)Permits the taking of endangered, threatened or candidate  
            species if the taking is authorized by Department of Fish and  
            Game (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  
            37 "fully protected species."

          4)Prohibits the taking of any birds in the orders Falconiformes  
            or Strigiformes (birds-of-prey) except as otherwise provided  








                                                                  AB 1561
                                                                  Page  2

            in law or regulation.

          5)Prohibits the taking of any aigrette or egret, osprey, bird of  
            paradise, goura, or numidi.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee analysis, potentially moderate costs, at least  
          $200,000 one-time probably in fiscal year 2002-03 to DFG.   
          (General Fund)
           
           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  
          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.

          Supporters of reform state that reconciling the fully protected  
          species law with CESA is essential for multi-species habitat  
          planning.

          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.  MSCP will be implemented over a  
          50-year period following its planned adoption in early 2002.   
          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.

          CRWUP is a framework document that is being developed to allow  
          California to meet its Colorado River water needs within its  
          basic annual apportionment.  Components of CRWUP will be  








                                                                  AB 1561
                                                                  Page  3

          implemented over the next 15 years.

          Both MSCP and CRWUP may result in the incidental take of species  
          listed under federal and California law.  FESA allows for  
          incidental take permits to non-federal entities through  
          implementation of a habitat conservation plan.  Twelve fully  
          protected species are likely to exist within MSCP and CRWUP  
          planning area.  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.  The take prohibition potentially affects  
          California diversions, future water transfers, and other  
          significant elements of CRWUP.

          A Fully Protected Species Working Group is currently engaged in  
          discussions on the issue of fully protected species in an effort  
          resolve areas of conflict.

          Other bills dealing with the issue of fully protected species  
          this session are AB 985 (Florez) and AB 1598 (Hollingsworth).
           

          Analysis Prepared by  :  Kathy Mannion / W., P. & W. / (916)  
          319-2096 
           


                                                                    FN:  
                                                                0001095