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