water, parks and wildlife

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AB 498

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Date of Hearing: April 14, 2015

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Marc Levine, Chair

AB 498 (Levine) – As Amended April 8, 2015

SUBJECT : Wildlife conservation: wildlife corridors

SUMMARY : Declares the policy of the state to promote the protection of wildlife corridors.

Specifically, this bill :

1) States legislative findings and declarations regarding the importance of wildlife corridors to assist with climate change adaptation, protect ecosystem health and biodiversity, and improve the resiliency of wildlife and their habitats to climate change. Further finds and declares that preserving, restoring, and connecting high-quality habitat for wildlife can create habitat strongholds that support wildlife in being more resilient to increasing pressures from climate change and development.

2) Declares it is the policy of the state to promote the protection of wildlife corridors, habitat strongholds, and habitat linkages in order to enhance the resiliency of wildlife and their habitats to climate change, protect biodiversity, and allow for migration and movement of species between habitat lands. Further states that it is the policy of the state and all state agencies with regard to projects proposed in an area identified as a wildlife corridor, to encourage the project proponent to consult with the Department of Fish and Wildlife (DFW) and, wherever feasible and practicable, take steps to protect or restore the functioning of the wildlife corridor through various means, as specified.

3) Defines a wildlife corridor as a habitat linkage that joins two or more areas of wildlife habitat, allowing for the movement of wildlife from one area to another.

4) Defines a habitat stronghold as high-quality habitat that supports wildlife in being more resilient to increasing pressures on species due to climate change and land development.

5) States that in adopting this policy it is not the intent of the Legislature to create new regulatory requirements. States legislative findings and declarations regarding existing programs, including programs involving working landscapes such as timber lands and range lands, that are already working to achieve these objectives.

EXISTING LAW :

1) States legislative findings and declarations regarding the importance of connectivity between wildlife habitats for the long-term viability of the state's biodiversity.

2) Required the DFW to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change. Requires the DFW to prioritize vegetative mapping in these areas.

3) States legislative intent that the Wildlife Conservation Board (WCB) use funds to work with the DFW to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities.

FISCAL EFFECT : Unknown

AB 498

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COMMENTS : This bill articulates a statewide policy to protect wildlife corridors, habitat strongholds, and habitat linkages in order to enhance the resiliency of wildlife and their habitats to climate change. It also encourages all state agencies, with regard to projects proposed in areas identified as wildlife corridors, to consult with DFW and, where feasible and practicable, take steps to protect or restore the functioning of the wildlife corridor. This bill also defines wildlife corridors and habitat strongholds for these purposes.

As a result of legislation enacted in 2008 (see discussion below), the DFW and the Department of Transportation, with funding from the WCB, jointly commissioned the California Essential

Habitat Connectivity project, which included a statewide assessment of natural habitat blocks that support native biodiversity, and areas essential for ecological connectivity between them.

The report states that a functional network of connected wild lands is essential to the continued support of California's diverse natural communities in the face of human development and climate change. The report is intended to make transportation and land use planning more efficient and less costly, while helping to reduce dangerous wildlife-vehicle collisions.

The importance of wildlife corridors and habitat connectivity linkages has also been recognized by groups such as the Western Governors' Association, which unanimously approved a policy to protect wildlife migration corridors in 2007.

There is currently no definition of wildlife corridors in statute, and no clearly articulated statewide policy to protect wildlife corridors.

Prior and Related Legislation: AB 2785 (Ruskin), Chapter 333, Statutes of 2008, directed the

DFW to investigate, study, and identify those areas in the state most essential as wildlife corridors and habitat linkages, and to prioritize vegetative data mapping of those areas. AB 2785 also called on the WCB to work with the DFW to fund a statewide analysis of wildlife corridors to support conservation planning and climate change adaptation activities.

Support Arguments: Supporters note that by setting a statewide policy to promote and protect wildlife corridors, habitat strongholds, and habitat linkages, this bill will ensure that state efforts are coordinated to preserve the habitat most valuable to climate adaptation. They note that climate change is a huge threat to wildlife and biodiversity in California. Models from the

National Audubon Society's science team show that 314 bird species alone are in danger of losing up to 50% of their habitat due to change climate and habitat loss. As the state works to reduce greenhouse gas emissions and stop the acceleration of climate change, it must also promote policies that adapt to the impacts climate change is already having on communities and ecosystems in California. Some supporters also note that many wildlife and game species, in addition to birds, migrate between large habitat blocks within California on a seasonal basis.

Without sufficient corridors to link up these areas, habitat blocks may become isolated and their value to wildlife reduced. Projects that infringe on wildlife corridors, such as the construction of major roadways or other infrastructure, may also contribute to the direct mortality of wildlife if undertaken without appropriate mitigation. Supporters indicate this bill would help facilitate protection and enhancement of wildlife corridors by ensuring greater communication and

AB 498

Page 3 outreach between DFW, which has the expertise and statutory authority to identify wildlife corridors, and project proponents on potential adverse impacts to wildlife species. Such a proactive approach would not only provide greater wildlife conservation benefits, but also reduce the possibility of project delays.

Opposition Arguments: Opponents object to the definition of wildlife corridors which they view as overly broad, question the need for a state policy on protecting wildlife corridors since mitigation of project impacts on listed species is already routinely required through the CEQA process, and are concerned this bill could lead to additional regulation and litigation over what constitutes a wildlife corridor or appropriate consultation.

Note: The April 8 th

author's amendments to this bill state legislative intent that this bill not be interpreted to impose new regulatory requirements.

REGISTERED SUPPORT / OPPOSITION :

Support

Audubon California, Sponsor

California League of Conservation Voters

California Waterfowl Association

Conserving Land for People

Defenders of Wildlife

Environment California

Friends of Harbors, Beaches and Parks

Hills for Everyone

Land Trust of Santa Cruz County

Pacific Forest Trust

Peninsula Open Space Trust

Santa Clara Valley Open Space Authority

Sierra Club California

The Trust for Public Lands

West Marin Environmental Action Committee

Opposition

California Building Industry Association

California Business Properties Association

California Chamber of Commerce

California Farm Bureau Federation (unless amended)

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

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