BILL NUMBER: AB 2336	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 19, 2010

INTRODUCED BY   Assembly Member Fuller
   (Coauthor: Assembly Member Gilmore)

                        FEBRUARY 19, 2010

   An act to add Section 85308.5 to the Water Code, relating to the
Delta.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2336, as amended, Fuller. Delta Stewardship Council.
   The Sacramento-San Joaquin Delta Reform Act of 2009 establishes
the Delta Stewardship Council as an independent agency of the state.
The act requires the council, on or before January 1, 2012, to
develop, adopt, and commence implementation of a comprehensive
management plan for the Sacramento-San Joaquin Delta (Delta Plan),
meeting specified requirements.  The act establishes the Delta
Independent Science Board to provide oversight of the scientific
research, monitoring, and assessment programs that support adaptive
management of the Delta through periodic reviews. 
   This bill would require the council, in the course of developing
and adopting the Delta Plan, to  assess the adverse impacts
of invasive species predation on native species, evaluate predator
suppression options in areas of the Delta that evidence the highest
levels of predation, and recommend changes in law and actions by
state agencies to remedy the situation in as timely a manner as is
practicable   direct the board to conduct an assessment
of certain stressors on populations of native fish species in the
Delta, the Sacramento and San Joaquin rivers, and the tributaries to
those rivers below the rim dams of the central valley, and recommend
changes in statute and actions by state agencies to remedy the
situation in as timely a manner as possible  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    In order to protect and preserve the
existing populations of native fish species that live and migrate
through the San Francisco Bay and the Sacramento-San Joaquin River
Delta, it is the intent of the Legislature that the Delta Stewardship
Council consider for inclusion in its final Delta Plan, in addition
to measures addressing the impacts of the State Water Resources
Development System (State Water Project) and federal Central Valley
Project operations, the identification of effective and
scientifically justified measures to reduce or eliminate the impact
of other significant stressors on California's native fish
populations. 
   SEC. 2.    Section 85308.5 is added to the  
Water Code   , to read:  
   85308.5.  The council, in the course of developing and adopting
the Delta Plan, shall direct the Delta Independent Science Board to
conduct an assessment of stressors, other than the operations of the
State Water Resources Development System and the federal Central
Valley Project, on populations of native fish species in the Delta,
the Sacramento and San Joaquin rivers, and the tributaries to those
rivers below the rim dams of the central valley, and recommend
changes in statute and actions by state agencies to remedy the
situation in as timely a manner as possible. The assessment shall
include, but is not necessarily limited to, those stressors
identified in the Delta Vision Strategic Plan, including the impacts
of invasive species and nonnative species, water quality impairments,
and predation on native species.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) Fish of the genus Morone (striped bass) are a harmful and
highly invasive species that is not native to this state.
   (b) Striped bass, including hybrid species commonly referred to as
sunshine bass, palmetto bass, wiper, Virginia bass, Maryland bass,
and paradise bass, are native to the eastern coast of the United
States, and are typically found from Florida to the St. Lawrence
Seaway. Striped bass were intentionally introduced to California in
1879 from the Navesink River in New Jersey.
   (c) Striped bass are common in the San Francisco
Bay/Sacramento-San Joaquin River Delta, and are estimated to have a
population that has fluctuated from a low of 600,000 to a high of
600,000 to 1,000,000 in Clifton Court Forebay alone.
   (d) Striped bass are known to prey upon and consume a variety of
native fish species valued by the people of this state that are
protected under the federal Endangered Species Act of 1973 (16 U.S.C.
Sec. 1531 et seq.) and the California Endangered Species Act
(Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code), including winter run, spring run, and fall run
Chinook salmon, and Delta smelt.
   (e) The predation habits and diet of striped bass are contributing
to the decline and extirpation of native fish species populations in
and from the San Francisco Bay/Sacramento-San Joaquin River Delta.
   (f) In order to protect and preserve the existing populations of
native fish species that live in and migrate through the San
Francisco Bay and the Sacramento-San Joaquin River Delta, it is the
intent of the Legislature that the Delta Stewardship Council include
in its final Delta Plan the identification of effective programs to
discourage the promotion of the San Francisco Bay/Sacramento-San
Joaquin River Delta as a striped bass sport fishery, to immediately
end any existing program for the enhancement, expansion, or
improvement of striped bass populations and their habitat, and to
eliminate any and all legal restrictions regarding the size or number
of striped bass that may be taken, and the season or location in
which striped bass may be taken in the San Francisco Bay and the
Sacramento San-Joaquin Delta pursuant to a valid California fishing
license.  
  SEC. 2.    Section 85308.5 is added to the Water
Code, to read:
   85308.5.  The council, in the course of developing and adopting
the Delta Plan, shall assess the adverse impacts of invasive species
predation on native species, evaluate predator suppression options in
areas of the Delta that evidence the highest levels of predation,
and recommend changes in law and actions by state agencies to remedy
the situation in as timely a manner as is practicable.