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
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|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 |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
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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
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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