BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1253
                                                                  Page  1

          Date of Hearing:   May 20, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    AB 1253 (Fuller) - As Amended:  May 11, 2009 

          Policy Committee:                              WPW  Vote:8-1

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

           SUMMARY  


          This bill requires the Independent Science Board (ISB) to  
          conduct an independent scientific review of literature on fish  
          predation in the Sacramento-San Joaquin Delta and to report to  
          the Legislature and the governor.


           FISCAL EFFECT  

          One-time costs of at least $50,000 to the CALFED Bay-Delta  
          Program ISB to complete the study.  (GF)

           COMMENTS  

           1)Rationale.   This bill amends a previous version of the bill  
            that would have removed all state protection from the  
            management of striped bass, a species that was introduced to  
            the state over 100 years ago as a sport fish and has been  
            managed as such ever since.  That version of the bill  
            generated considerable controversy.  Despite the input of  
            certain academic experts in the field of fisheries management,  
            in general, and Delta fisheries in particular, the author and  
            the sponsors of the bill, including Metropolitan Water  
            District and Modesto Irrigation District, feel that striped  
            bass are a threat to native fisheries and prey on a variety of  
            native fish.  The author contends that additional study would  
            help the state to determine whether even more studies are  
            needed and to determine whether predator species are adversely  
            affecting native Delta fish populations, and, if so, whether  
            changes are needed in predatory fish management in the Delta.
           








                                                                 AB 1253
                                                                  Page  2

          2)Background.

             a)   The CALFED Bay-Delta Program.  CALFED encompasses  
               multiple state and federal agencies that have regulatory  
               authority over water and resource management  
               responsibilities in the Bay-Delta region. The objectives of  
               the program are to provide good water quality for all uses,  
               improve fish and wildlife habitat, reduce the gap between  
               water supplies and projected demand, and reduce the risks  
               from deteriorating levees. Natural Resources is the main  
               state agency that administers the program, with  
               responsibility for the overall program planning,  
               performance, and tracking.

           
             b)   Independent Science Board.   The law creating CALFED  
               requires the creation of an independent board of scientific  
               experts.  The ISB is a standing board of distinguished  
               experts (scientists and engineers) with a range of  
               multi-disciplinary expertise, including those with local  
               experience and those with external relevant expertise.  
               These experts are to help CALFED establish an independent  
               and objective view of the science issues that underlie  
               policy decisions.

           3)Supporters  , including the Metropolitan Water District and the  
            Modesto Irrigation District, argue that there is scientific  
            evidence indicating that striped bass are stressors to  
            threatened and endangered Delta fish.  The study recommended  
            by this bill, supporters claim, will independently verify the  
            existence and quality of that evidence.

           4)Opponents  to an earlier version of the bill protested that the  
            bill was an attempt to distract from real threats to the Delta  
            ecosystem-a lack of fresh water flows, high levels of  
            pollution, and habitat deterioration. Opponents claim that  
            there is no scientific evidence indicating that striped bass  
            predation is significantly harming native fish populations in  
            the Delta. This lack of evidence is not the result of a lack  
            of data, opponent contend; rather it is because a wealth of  
            data does not lead to the proponents' contention.  These  
            opponents are likely to continue to contend that the striped  
            bass is a red herring.  
           
           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081 








                                                                  AB 1253
                                                                  Page  3