BILL NUMBER: AB 1201	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 27, 2015

    An act to add Section 85308.5 to the Water Code, relating
to the Sacramento-San Joaquin Delta.   An act to add
Chapter 8.5 (commencing with Section 6940) t   o Part 1 of
Division 6 of the Fish and Game Code, relating to fish and wildlife.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 1201, as amended, Salas.  Delta Stewardship Council.
  Fish and wildlife: Sacramento-San Joaquin Delta:
predation by nonnative species.  
   The California Endangered Species Act prohibits the taking of an
endangered, threatened, or candidate species, except as specified.
Under the act, 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 the department, by June 30, 2016, to
develop and initiate a science-based approach that addresses
predation by nonnative species upon species of fish listed pursuant
to the act that reside all or a portion of their lives in the
Sacramento-San Joaquin Delta.  
   The Sacramento-San Joaquin Delta Reform Act of 2009 establishes
the Delta Stewardship Council as an independent agency of the state,
and requires the council to develop, adopt, and commence
implementation of a comprehensive management plan for the
Sacramento-San Joaquin Delta (Delta Plan), meeting specified
requirements. The act also 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 implementing
the Delta Plan, to direct the board to conduct an assessment of
stressors, in addition to 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, containing specified information, and to
recommend changes in statute and actions that may be taken by state
agencies to remedy the situation at the earliest possible time.

   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.    The Legislature finds and declares all
of the following:  
   (a) Promoting the long-term ecological health of the
Sacramento-San Joaquin Delta and its native species is critical to
ensuring a reliable and sustainable water supply for all
Californians.  
   (b) Salmon are an iconic native California fish that are important
to California's economic, recreational, and environmental welfare.
California's $1.5 billion commercial and recreational salmon fishing
industries employ tens of thousands of people, provide endless
recreational opportunities, and remain an important part of the
cultural heritage of California's Native American tribes. Winter-run
Chinook salmon were listed as endangered under the federal Endangered
Species Act in 1994.  
   (c) Despite efforts to protect the species, the latest spring
Kodiak trawl survey by the Department of Fish and Wildlife recorded
the lowest number ever for the species.  
   (d) Ongoing drought conditions have significant impacts on
California's environment, fish and wildlife, residents, farms, and
businesses, and have worsened conditions for endangered Chinook
salmon and delta smelt and further threatened of their extinction.
 
   (e) State and federal regulators must take concerted efforts to
protect the environment, fish and wildlife, the economy, and
residents of this state from the ongoing implications of drought and
future water scarcity.  
   (f) Predation by nonnative species can cause mortality among
endangered Chinook salmon and delta smelt and, as these populations
continue to decline, ongoing predation may further negatively impact
their potential recovery and hasten their extinction.  
   (h) It is the policy of the State of California to protect native
species, particularly those at risk of extinction. Consistent with
that policy, it is important to evaluate whether populations of
nonnative species that pose a risk to such native species can be
managed in a way that enhances the potential for native species'
survival. 
   SEC. 2.    Chapter 8.5 (commencing with Section 6940)
is added to Part 1 of Division 6 of the   Fish and Game
Code   , to read:  
      CHAPTER 8.5.  PREDATION BY NONNATIVE SPECIES


   6940.  The department shall, by June 30, 2106, develop and
initiate a science-based approach that helps address predation by
nonnative species upon species listed pursuant to Chapter 1.5
(commencing with Section 2050) of Division 3 that reside all or a
portion of their lives in the Sacramento-San Joaquin Delta, as
defined in Section 12220 of the Water Code. 
  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, in addition to measures addressing the impact 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 implementing the Delta
Plan, shall direct the Delta Independent Science Board to conduct an
assessment of stressors, in addition to the operation 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 shall recommend
changes in statute and actions that may be taken by state agencies to
remedy the situation at the earliest possible time. The assessment
shall include, at a minimum, a description of 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.