Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the unarmored threespine stickleback as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

This bill would permit the department to authorize, under the California Endangered Species Act, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore, maintain, and improve riparian habitat on public lands in a prescribed portion of Bouquet Creek and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, as specified, if certain conditions are satisfied.

This bill would incorporate additional changes in Section 5515 of the Fish and Game Code, proposed by AB 1527, to be operative only if AB 1527 and this bill are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the unarmored threespine stickleback as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

This bill would permit the department to authorize, under the California Endangered Species Act, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore, maintain, and improve riparian habitat on public lands in a prescribed portion of Bouquet Creek and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, as specified, if certain conditions are satisfied.

This bill would incorporate additional changes in Section 5515 of the Fish and Game Code, proposed by AB 1527, to be operative only if AB 1527 and this bill are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the unarmored threespine stickleback as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

This bill would permit the department to authorize, under the California Endangered Species Act, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore, maintain, and improve riparian habitat on public lands in the Bouquet Canyon area, a prescribed portion of Bouquet Creek and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, as specified, if certain conditions are satisfied.

This bill would incorporate additional changes in Section 5515 of the Fish and Game Code, proposed by AB 1527, to be operative only if AB 1527 and this bill are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the unarmored threespine stickleback as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

This bill would permit the department to authorize, under the California Endangered Species Act, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore, maintain, and improve riparian habitat on public lands in the Bouquet Canyon area, and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, as specified, if certain conditions are satisfied.

This bill would incorporate additional changes in Section 5515 of the Fish and Game Code, proposed by AB 1527, to be operative only if AB 1527 and this bill are chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.

Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the unarmored threespine stickleback as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

This bill would permit the department to authorize, under the California Endangered Species Act, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore restore, maintain, and improve riparian habitat on public lands in the Bouquet Canyon area, and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, as specified, if certain conditions are satisfied.

Existing law prohibits the taking or possession of any fully protected fish, except as provided, and designates the unarmored threespine stickleback as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

This bill would require permit the department to authorize, under the California Endangered Species Act, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore and improve riparian habitat on public lands in the Bouquet Canyon area, and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, as specified, if certain conditions are satisfied.

Existing law prohibits the taking or possession of any fully protected fish, except as provided. Under existing law, the Department of Fish and Wildlife is authorized to permit the taking of those species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. provided, and designates the unarmored threespine stickleback as a fully protected fish. The California Endangered Species Act prohibits the taking of an endangered or threatened species, except as specified. The Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

This bill would make a nonsubstantive change to those provisions. require the department to authorize, under the California Endangered Species Act, the take of the unarmored threespine stickleback (Gasterosteus aculeatus williamsoni) resulting from impacts attributable to the habitat restoration project to restore and improve riparian habitat on public lands in the Bouquet Canyon area, and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands, as specified, if certain conditions are satisfied.

Existing law prohibits the taking or possession of any fully protected fish, except as provided. Under existing law, the Department of Fish and Wildlife is authorized to permit the taking of those species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species.

This bill would make a nonsubstantive change to those provisions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 353

Author:(Lackey)

As Amended Ver:September 3, 2015

2/3 vote. Urgency

Original Committee Reference: W., P., & W.

SUMMARY: Amends the Fully Protected Species statute to authorize the Department of Fish and Wildlife (DFW) to authorize the take of unarmored threespine stickleback, a fully protected fish species, resulting from a habitat restoration project in Bouquet Canyon and Bouquet Creek, if specified conditions are met.

The Senate amendments:

1. Expand the authorization for take of unarmored threespine stickleback to apply to take resulting from impacts of habitat restoration projects to maintain, in addition to restore, riparian habitat in the Bouquet Canyon area.

2. Limit the take authorization to the portion of Bouquet Creek located between mile marker 8.3 and mile marker 16.3 on Bouquet Canyon Road.

3. Add, as additional conditions of the take authorization, that the DFW ensure all further measures necessary to satisfy the conservation standard applicable to a Natural Communities Conservation Plan are incorporated into the projects, that a biologist will be on duty whenever an activity is conducted that may affect the unarmored threespine stickleback, and that a monitoring program and an adaptive management process that satisfy the conservation standard applicable to a Natural Communities Conservation Plan are provided.

4. State that this bill shall not be construed to exempt projects from any other law, or to affect contractual obligations of the Los Angeles Department of Water and Power to provide water from Bouquet Reservoir.

5. Add an urgency clause providing that in order for the unarmored threespine stickleback habitat restoration project in Bouquet Canyon Creek proposed by the Los Angeles County Department of Public Works to receive a take permit from DFW, and so that this project may begin as soon as possible, it is necessary for this act to take effect immediately.

6. Add a co-author.

7. Add technical amendments to avoid chaptering out problems with AB 1527 (Water, Parks and Wildlife Committee), Chapter 154, Statutes of 2015.

EXISTING LAW:

1. Prohibits the take or possession of any fully protected species, including fully protected fish or parts thereof. Lists the unarmored threespine stickleback as a fully protected fish.

2. Allows for limited exceptions to the above prohibition for take of fully protected species under three circumstances: a) pursuant to the Quantification Settlement Agreement; b) where conservation of the species is provided for pursuant to a Natural Communities Conservation Plan (NCCP); and c) for take of the limestone salamander resulting from impacts attributable to the Department of Transportation's implementation of the Ferguson Slide Permanent Restoration Project, contingent upon prescribed conditions, including that measures necessary to satisfy the conservation standard of an NCCP for the species are included.

3. Authorizes DFW to authorize the taking of fully protected species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Requires DFW, prior to authorizing take for these purposes, to notify all affected and interested parties to solicit information and comments on the proposed authorization. Requires the notification to be published in the California Regulatory Notice Register and for interested parties to have 30 days after notification is published to provide comments. Provides that "scientific research" does not include any actions taken as part of specified mitigation for a project.

4. Prohibits the take of species listed as endangered or threatened under the California Endangered Species Act (CESA), but authorizes the DFW to authorize the take of species listed under CESA if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: This bill provides a narrow exemption from the prohibition on take of fully protected fish species to allow the Los Angeles County Public Works Department to undertake a habitat restoration project on Bouquet Canyon Creek.

The Senate amendments add additional conditions that must be met for the take authorization to be approved by DFW, add an urgency clause, make other clarifying statements, and include technical changes to avoid chaptering out problems with another bill that amends one of the same code sections.

Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0002213

 THIRD READING  

Bill No: AB 353

Author: Lackey (R), et al.

Amended: 9/3/15 in Senate

Vote: 27 - Urgency

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 7/14/15

AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 78-0, 5/14/15 - See last page for vote

SUBJECT: Protected species: take: Bouquet Canyon: habitat restoration project

SOURCE: Author

DIGEST: This bill authorizes, under specified conditions, the Department of Fish and Wildlife (DFW) to issue a permit for the take of the fully protected fish species known as the unarmored threespine stickleback (UTS). Such take would result from impacts attributable to a habitat and flow restoration project to restore and improve riparian habitat and flow capacity on public lands in the Bouquet Canyon area of northern Los Angeles County.

Senate Floor Amendments of 9/3/15 clarify the boundaries of the project such that the county can use the mile markers on Bouquet Canyon Road to determine the project boundaries even at the places where the road is not immediately adjacent to the creek. The amendments also add a monitoring program and a cross-reference to the appropriate conservation standard, both of which were discussed in policy committee.

ANALYSIS:

Existing law:

1. Prohibits the take or possession of any fully protected species, including fully protected fish or parts thereof, including the fully protected UTS which is a fully protected fish.

2. Allows for limited exceptions to the above prohibition for take of fully protected species under three circumstances: a) pursuant to the Colorado River Quantification Settlement Agreement; b) where conservation of the species is provided for pursuant to a Natural Communities Conservation Plan (NCCP); and c) for take of the limestone salamander resulting from impacts attributable to the Department of Transportation's implementation of the Ferguson Slide Permanent Restoration Project, contingent upon prescribed conditions, including a requirement to include measures necessary to satisfy the conservation standard of an NCCP for the species.

3. Authorizes DFW to authorize the taking of fully protected species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species.

4. Requires DFW, prior to authorizing take for these purposes, to notify all affected and interested parties to solicit information and comments on the proposed authorization.

5. Requires the notification to be published in the California Regulatory Notice Register and for interested parties to have 30 days after notification is published to provide comments.

6. Provides that "scientific research" does not include any actions taken as part of specified mitigation for a project.

7. Prohibits the take of species listed as endangered or threatened under the California Endangered Species Act (CESA), but authorizes the DFW to authorize the take of species listed under CESA if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

This bill:

1. Sets forth the conditions for an amendment to the fully protected species statute that allows DFW to issue a permit for the take of the fully protected fish species, the UTS, resulting from impacts attributable to a habitat and flow restoration project to restore and improve riparian habitat and flow capacity on public lands in the Bouquet Canyon area of northern Los Angeles County. The projects would be undertaken by the Los Angeles County Department of Public Works, the Los Angeles Department of Water and Power, and the United State Department of Agriculture, Forest Service, if all of the following conditions are met within the specific geographic definition of the project:

   1. DFW determines that appropriate agreements have been executed to address environmental impacts at the Bouquet Canyon areas, including but not limited to Bouquet Creek;

   2. Requirements of the CESA for issuance of an incidental take permit are satisfied; (These existing requirements include, but are not limited to, finding that the take is incidental to an otherwise lawful activity, that impacts of the take are minimized and fully mitigated, that mitigation options are roughly proportional to the impacts of the take and are capable of successful implementation, and that the applicant ensures adequate funding to implement mitigation and monitoring requirements.)

   3. The take authorization provides for development and implementation, in cooperation with federal and state agencies, of an adaptive management process for monitoring the effectiveness of, and adjusting as necessary, measures to minimize and fully mitigate the impacts of the authorized take, and requires that mitigation measures meet requirements for proportionality and maintaining the project proponent's objectives to the extent possible; and

   4. The take authorization provides for development and implementation, in cooperation with state and federal agencies, of a monitoring adaptive management process that substantially contributes to the long-term conservation of the UTS.

2. Amends the fully protected species statute to allow for the issuance of a take permit for UTS, under the conditions described above.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/18/15)

Michael Antonovich, Mayor, Los Angeles County Board of Supervisors

OPPOSITION: (Verified 8/31/15)

None received

ARGUMENTS IN SUPPORT: The author indicates the exemption is needed because the UTS is present in the area where the habitat restoration project will take place, and without the project, the long-term viability of the fish will be threatened. The author and project proponents indicate that some take of the species is necessary in order to conduct the habitat restoration that is necessary for the species' survival.

The author asserts that currently no exemption exists under current law to take fully protected species for habitat restoration projects. The existing law does provide an exemption from the prohibition on take of fully protected species for scientific research projects, the purpose of which are to recover fully protected, threatened or endangered species. This narrow exemption for scientific research does not apply to actions taken as part of mitigation for a project.

Mayor Michael Antonovich stated that Bouquet Canyon was devastated by wildfires in 2002 and major floods in the winter of 2004-05. Since then, the canyon has deteriorated due to sedimentation and reduced water flow further worsening the habitat of the UTS. Moreover, because the stream channel is full of sediment, the roadway is often covered with water, creating a public safety issue. A local public safety emergency has been declared by the county. The supervisor has allocated $3 million in discretionary road funding to this project.

ASSEMBLY FLOOR: 78-0, 5/14/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Linder, Medina

Prepared by: William Craven / N.R. & W. / (916) 651-4116

9/4/15 18:24:40

**** END ****

 THIRD READING  

Bill No: AB 353

Author: Lackey (R), et al.

Amended: 8/18/15 in Senate

Vote: 27 - Urgency

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 7/14/15

AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 78-0, 5/14/15 - See last page for vote

SUBJECT: Protected species: take: Bouquet Canyon: habitat restoration project

SOURCE: Author

DIGEST: This bill authorizes, under specified conditions, the Department of Fish and Wildlife (DFW) to issue a permit for the take of the fully protected fish species known as the unarmored threespine stickleback (UTS). Such take would result from impacts attributable to a habitat and flow restoration project to restore and improve riparian habitat and flow capacity on public lands in the Bouquet Canyon area of northern Los Angeles County.

ANALYSIS:

Existing law:

1. Prohibits the take or possession of any fully protected species, including fully protected fish or parts thereof, including the UTS which is a fully protected fish.

2. Allows for limited exceptions to the above prohibition for take of fully protected species under three circumstances: a) pursuant to the Colorado River Quantification Settlement Agreement; b) where conservation of the species is provided for pursuant to a Natural Communities Conservation Plan (NCCP); and c) for take of the limestone salamander resulting from impacts attributable

3. to the Department of Transportation's implementation of the Ferguson Slide Permanent Restoration Project, contingent upon prescribed conditions, including a requirement to include measures necessary to satisfy the conservation standard of an NCCP for the species.

4. Authorizes the DFW to authorize the taking of fully protected species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species.

5. Requires DFW, prior to authorizing take for these purposes, to notify all affected and interested parties to solicit information and comments on the proposed authorization.

6. Requires the notification to be published in the California Regulatory Notice Register and for interested parties to have 30 days after notification is published to provide comments.

7. Provides that "scientific research" does not include any actions taken as part of specified mitigation for a project.

8. Prohibits the take of species listed as endangered or threatened under the California Endangered Species Act (CESA), but authorizes the DFW to authorize the take of species listed under CESA if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

This bill:

1. Sets forth the conditions for an amendment to the fully protected species statute that allows DFW to issue a permit for the take of the fully protected fish species, the UTS, resulting from impacts attributable to a habitat and flow restoration project to restore and improve riparian habitat and flow capacity on public lands in the Bouquet Canyon area of northern Los Angeles County. The projects would be undertaken by the Los Angeles County Department of Public Works, the Los Angeles Department of Water and Power, and the United State Department of Agriculture, Forest Service, if all of the following conditions are met:

1. DFW determines that appropriate agreements have been executed to address environmental impacts at the Bouquet Canyon areas, including but not limited to Bouquet Creek;

2. Requirements of the CESA for issuance of an incidental take permit are satisfied; (These existing requirements include, but are not limited to, finding that the take is incidental to an otherwise lawful activity, that impacts of the take are minimized and fully mitigated, that mitigation options are roughly proportional to the impacts of the take and are capable of successful implementation, and that the applicant ensures adequate funding to implement mitigation and monitoring requirements.)

3. The take authorization provides for development and implementation, in cooperation with federal and state agencies, of an adaptive management process for monitoring the effectiveness of, and adjusting as necessary, measures to minimize and fully mitigate the impacts of the authorized take, and requires that mitigation measures meet requirements for proportionality and maintaining the project proponent's objectives to the extent possible; and

4. The take authorization provides for development and implementation, in cooperation with state and federal agencies, of an adaptive management process that substantially contributes to the long-term conservation of the UTS.

2. Amends the fully protected species statute to allow for the issuance of a take permit for UTS, under the conditions described above.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/18/15)

Los Angeles County Supervisor Michael Antonovich

OPPOSITION: (Verified 8/31/15)

None received

ARGUMENTS IN SUPPORT: The author indicates the exemption is needed because the UTS is present in the area where the habitat restoration project will take place, and without the project, the long-term viability of the fish will be threatened. The author and project proponents indicate that some take of the species is necessary in order to conduct the habitat restoration that is necessary for the species' survival.

The author asserts that currently no exemption exists under current law to take fully protected species for habitat restoration projects. The existing law does provide an exemption from the prohibition on take of fully protected species for scientific research projects, the purpose of which are to recover fully protected, threatened or endangered species. This narrow exemption for scientific research does not apply to actions taken as part of mitigation for a project.

Los Angeles County Supervisor Michael Antonovich stated that Bouquet Canyon was devastated by wildfires in 2002 and major floods in the winter of 2004-05. Since then, the canyon has deteriorated due to sedimentation and reduced water flow further worsening the habitat of the UTS. Moreover, because the stream channel is full of sediment, the roadway is often covered with water, creating a public safety issue. A local public safety emergency has been declared by the county. The supervisor has allocated $3 million in discretionary road funding to this project.

ASSEMBLY FLOOR: 78-0, 5/14/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Linder, Medina

Prepared by: William Craven / N.R. & W. / (916) 651-4116

8/31/15 11:24:51

**** END ****

 THIRD READING  

Bill No: AB 353

Author: Lackey (R), et al.

Amended: 8/18/15 in Senate

Vote: 27 - Urgency

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 7/14/15

AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 78-0, 5/14/15 - See last page for vote

SUBJECT: Protected species: take: Bouquet Canyon: habitat restoration project

SOURCE: Author

DIGEST: This bill authorizes, under specified conditions, the Department of Fish and Wildlife (DFW) to issue a permit for the take of the fully protected fish species known as the unarmored threespine stickleback (UTS). Such take would result from impacts attributable to a habitat and flow restoration project to restore and improve riparian habitat and flow capacity on public lands in the Bouquet Canyon area of northern Los Angeles County.

ANALYSIS:

Existing law:

1. Prohibits the take or possession of any fully protected species, including fully protected fish or parts thereof, including the UTS which is a fully protected fish.

2. Allows for limited exceptions to the above prohibition for take of fully protected species under three circumstances: a) pursuant to the Colorado River Quantification Settlement Agreement; b) where conservation of the species is provided for pursuant to a Natural Communities Conservation Plan (NCCP); and c) for take of the limestone salamander resulting from impacts attributable

3. to the Department of Transportation's implementation of the Ferguson Slide Permanent Restoration Project, contingent upon prescribed conditions, including a requirement to include measures necessary to satisfy the conservation standard of an NCCP for the species.

4. Authorizes the DFW to authorize the taking of fully protected species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species.

5. Requires DFW, prior to authorizing take for these purposes, to notify all affected and interested parties to solicit information and comments on the proposed authorization.

6. Requires the notification to be published in the California Regulatory Notice Register and for interested parties to have 30 days after notification is published to provide comments.

7. Provides that "scientific research" does not include any actions taken as part of specified mitigation for a project.

8. Prohibits the take of species listed as endangered or threatened under the California Endangered Species Act (CESA), but authorizes the DFW to authorize the take of species listed under CESA if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

This bill:

1. Sets forth the conditions for an amendment to the fully protected species statute that allows DFW to issue a permit for the take of the fully protected fish species, the UTS, resulting from impacts attributable to a habitat and flow restoration project to restore and improve riparian habitat and flow capacity on public lands in the Bouquet Canyon area of northern Los Angeles County. The projects would be undertaken by the Los Angeles County Department of Public Works, the Los Angeles Department of Water and Power, and the United State Department of Agriculture, Forest Service, if all of the following conditions are met:

1. DFW determines that appropriate agreements have been executed to address environmental impacts at the Bouquet Canyon areas, including but not limited to Bouquet Creek;

2. Requirements of the CESA for issuance of an incidental take permit are satisfied; (These existing requirements include, but are not limited to, finding that the take is incidental to an otherwise lawful activity, that impacts of the take are minimized and fully mitigated, that mitigation options are roughly proportional to the impacts of the take and are capable of successful implementation, and that the applicant ensures adequate funding to implement mitigation and monitoring requirements.)

3. The take authorization provides for development and implementation, in cooperation with federal and state agencies, of an adaptive management process for monitoring the effectiveness of, and adjusting as necessary, measures to minimize and fully mitigate the impacts of the authorized take, and requires that mitigation measures meet requirements for proportionality and maintaining the project proponent's objectives to the extent possible; and

4. The take authorization provides for development and implementation, in cooperation with state and federal agencies, of an adaptive management process that substantially contributes to the long-term conservation of the UTS.

2. Amends the fully protected species statute to allow for the issuance of a take permit for UTS, under the conditions described above.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/18/15)

Los Angeles County Supervisor Michael Antonovich

OPPOSITION: (Verified 8/18/15)

Sierra Club California

ARGUMENTS IN SUPPORT: The author indicates the exemption is needed because the UTS is present in the area where the habitat restoration project will take place, and without the project, the long-term viability of the fish will be threatened. The author and project proponents indicate that some take of the species is necessary in order to conduct the habitat restoration that is necessary for the species' survival.

The author asserts that currently no exemption exists under current law to take fully protected species for habitat restoration projects. The existing law does provide an exemption from the prohibition on take of fully protected species for scientific research projects, the purpose of which are to recover fully protected, threatened or endangered species. This narrow exemption for scientific research does not apply to actions taken as part of mitigation for a project.

Los Angeles County Supervisor Michael Antonovich stated that Bouquet Canyon was devastated by wildfires in 2002 and major floods in the winter of 2004-05. Since then, the canyon has deteriorated due to sedimentation and reduced water flow further worsening the habitat of the UTS. Moreover, because the stream channel is full of sediment, the roadway is often covered with water, creating a public safety issue. A local public safety emergency has been declared by the county. The supervisor has allocated $3 million in discretionary road funding to this project.

ARGUMENTS IN OPPOSITION: Sierra Club California opposes exemptions from the fully protected species statutes unless it is satisfied that the condition of the species will improve after the project. To that end, it suggested several amendments to this bill to add protection and monitoring requirements and to increase the conservation standard that should apply to this project.

Note: Although the opposition issues have been significantly narrowed, the opposition is still seeking a narrower definition of the project area.

ASSEMBLY FLOOR: 78-0, 5/14/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Linder, Medina

Prepared by: William Craven / N.R. & W. / (916) 651-4116

8/19/15 20:23:24

**** END ****

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Fran Pavley, Chair

2015 - 2016 Regular

Bill No: AB 353 Hearing Date: July 14, 2015

Subject: Protected species: take: Bouquet Canyon: habitat restoration project.

BACKGROUND AND EXISTING LAW

1. Prohibits the take or possession of any fully protected species, including fully protected fish or parts thereof, including the fully protected unarmored threespine stickleback (UTS) which is a fully protected fish.

2. Allows for limited exceptions to the above prohibition for take of fully protected species under three circumstances: 1) pursuant to the Colorado River Quantification Settlement Agreement; 2) where conservation of the species is provided for pursuant to a Natural Communities Conservation Plan (NCCP); and 3) for take of the limestone salamander resulting from impacts attributable to the Department of Transportation's implementation of the Ferguson Slide Permanent Restoration Project, contingent upon prescribed conditions, including a requirement to include measures necessary to satisfy the conservation standard of an NCCP for the species.

3. Authorizes the Department of Fish and Wildlife (DFW) to authorize the taking of fully protected species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Requires DFW, prior to authorizing take for these purposes, to notify all affected and interested parties to solicit information and comments on the proposed authorization. Requires the notification to be published in the California Regulatory Notice Register and for interested parties to have 30 days after notification is published to provide comments. Provides that "scientific research" does not include any actions taken as part of specified mitigation for a project.

4. Prohibits the take of species listed as endangered or threatened under the CESA, but authorizes the DFW to authorize the take of species listed under CESA if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

PROPOSED LAW

1) This bill authorizes DFW to issue a permit for the take of the fully protected fish species, the unarmored threespine stickleback (UTS) , resulting from impacts attributable to a habitat and flow restoration project to restore and improve riparian habitat and flow capacity on public lands in the Bouquet Canyon area of northern Los Angeles County. The projects would be undertaken by the Los Angeles County Department of Public Works, the Los Angeles Department of Water and Power, and the United State Department of Agriculture, Forest Service, if all of the following conditions are met:

1. DFW determines that appropriate agreements have been executed to address environmental impacts at the Bouquet Canyon areas, including but not limited to Bouquet Creek;

2. Requirements of the California Endangered Species Act (CESA) for issuance of an incidental take permit are satisfied; (These existing requirements include but are not limited to, finding that the take is incidental to an otherwise lawful activity, that impacts of the take are minimized and fully mitigated, that mitigation options are roughly proportional to the impacts of the take and are capable of successful implementation, and that the applicant ensures adequate funding to implement mitigation and monitoring requirements.)

3. The take authorization provides for development and implementation, in cooperation with federal and state agencies, of an adaptive management process for monitoring the effectiveness of, and adjusting as necessary, measures to minimize and fully mitigate the impacts of the authorized take, and requires that mitigation measures meet requirements for proportionality and maintaining the project proponent's objectives to the extent possible; and

4. The take authorization provides for development and implementation, in cooperation with state and federal agencies, of an adaptive management process that substantially contributes to the long-term conservation of the UTS.

2) Amends the fully protected species statute to allow for the issuance of a take permit for UTS, under the conditions described above.

ARGUMENTS IN SUPPORT

1) The author indicates the exemption is needed because the UTS is present in the area where the habitat restoration project will take place, and without the project, the long-term viability of the fish will be threatened. The author and project proponents indicate that some take of the species is necessary in order to conduct the habitat restoration that is necessary for the species' survival.

The author asserts that currently no exemption exists under current law to take fully protected species for habitat restoration projects. The existing law does provide an exemption from the prohibition on take of fully protected species for scientific research projects, the purpose of which are to recover fully protected, threatened or endangered species. This narrow exemption for scientific research does not apply to actions taken as part of mitigation for a project.

2) LA County Supervisor Michael Antonovich stated that Bouquet Canyon was devastated by wildfires in 2002 and major floods in the winter of 2004-05. Since then, the canyon has deteriorated due to sedimentation and reduced water flow further worsening the habitat of the UTS. Moreover, because the stream channel is full of sediment, the roadway is often covered with water, creating a public safety issue. A local public safety emergency has been declared by the county. The supervisor has allocated $3 million in discretionary road funding to this project.

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

1. The project is still being formulated at both the federal and county levels, but take permit of UTS will ultimately be necessary for a streambed restoration and sediment removal project conceived by LA County and which may or may not involve a companion project of the US Forest Service that focuses on re-introduction and recovery of UTS in Bouquet Creek. It is clear that for the streambed restoration, the removal of vegetation (which will affect water temperature that could affect fish habitat), and any reduction in flow to accommodate removal of siltation, that take of UTS may occur.

2. On a separate track, the US Forest Service has ambitious but unfinalized plans to restore UTS to Bouquet Creek. The current UTS population has hybridized to an unknown extent with other stickleback species. The only scientific way to distinguish UTS from other fish is through genetic testing, according to DFW. Because that is not practical, DFW therefore considers for legal purposes the entire population to be fully protected. However, it is not clear whether the USFS recovery plan for UTS will occur simultaneous with the sedimentation removal, assuming it happens at all.

3. Staff is recommending a series of amendments some of which are technical and others are more substantive. The practice and custom in the Legislature is that provisions to take fully protected species should require a higher increment of conservation activity than what is required for other permits pursuant to the state endangered species act. The Natural Communities Conservation Planning Act, referenced above, has been used to set forth the obligation of a permittee’s conservation obligations in the context of fully protected species.

a) Import into the bill the beginning and end points that identify the stretch of Bouquet Creek that will be affected by the county project. These would be from the outlet of Bouquet Creek to the boundary of the Los Angeles National Forest.

b) Add, after the word “restore” the word “maintain.” This would make clear that the county is able to undertake maintenance activities so that the riparian habitat improvements are maintained into the future within the time constraints of any applicable permit.

c) As was done in 2012 in AB 1973 (Olsen), direct the county to have a biologist on duty at the site when any activity could reasonably affect UTS.

d) Add new (c) also taken from AB 1973 ensuring that DFW will require all further measures necessary to meet the conservation standard for species contained in FGC section 2805(d).

e) Add, at page 2, line 31, after “provides”—“ for a monitoring program and”

f) Delete the reference on page 2, line 36 to FGC section 2052.1 since that section was originally intended to apply only to private, not public applicants.

(g) Require the permit be subject to all other applicable provisions of law, including CEQA and the streambed alteration agreement provisions of the FGC.

(h) Provide that this section does not have any affect on the contractual obligations of LADWP to provide contracted water amounts from Bouquet Reservoir.

SUPPORT

LA County Supervisor Michael Antonovich

OPPOSITION

None received.

-- END --

Date of Hearing: May 6, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 353

Author:(Lackey) – As Amended Ver:April 22, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes the take of unarmored threespine sickleback fish, a fully protected species, as a result of a habitat restoration project in Bouquet Canyon and Bouquet Creek.

Specifically, this bill:

1. Authorizes DFW to authorize the take of unarmored threespine stickleback resulting from impacts attributable to a habitat restoration project undertaken by the Los Angeles County Department of Public Works, the Los Angeles Department of Water and Power, and the United State Department of Agriculture, Forest Service, if specified conditions are met.

The project is designed to restore and improve riparian habitat on public lands in the Bouquet Canyon area, and projects to restore the flow capacity to Bouquet Creek in Bouquet Canyon on public lands.

2. Amends the Fully Protected Species statute to allow for the issuance of a take permit unarmored threespine stickleback as specified.
   
   
   

FISCAL EFFECT:

Any additional costs are absorbable within existing resources.

COMMENTS:

1. Rationale. According to the author, the unamrmored threespine stickleback fish is present in the area where the habitat restoration project will take place, and without the project, the long-term viability of the fish will be threatened.

A large flood in the winter of 2004/2005 negatively affected the natural flow of Bouquet Creek and now threatens the habitat of the unarmored threespine stickleback fish.

In addition to damaging the ecosystem, the diverted water flow regularly floods the adjacent road and has negatively affected well levels downstream.

The proposed project will remove sediment and dense vegetation, reestablish stream bank vegetation where needed to enhance riparian habitat, and create a backwater preserve for aquatic species habitat. The backwater preserve will also serve as an environmental education site and restoration ecology staging area.

A large amount of this project will take place on federal lands. Los Angeles County Public Works has been working with the United States Forest Service for authorization and approval of environmental mitigation through the National Environmental Policy Act (NEPA) process.

The project proponents are also working at the state level with the Department of Fish and Wildlife who indicate the habitat restoration project is necessary to restore habitat for the species.

2. Fully Protected Species vs. Endangered Species. California's fully protected species statute predates the enactment of the state and federal endangered species acts, and was the state's initial effort to identify and protect those animals that were rare or faced possible extinction.

Many of the species on the fully protected species lists have subsequently been listed under the federal or state endangered species acts. However, the unarmored threespine stickleback is not listed under the state or federal act. California's fully protected species statute only allows incidental take permits except for necessary scientific research.

The California Endangered Species Act (CESA) prohibits the take of species listed as endangered or threatened, but authorizes DFW to issue take permits if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081