Amended in Assembly June 2, 2015

Amended in Assembly April 22, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1201

Introduced by Assembly Member Salas

February 27, 2015

An act to add Chapter 8.5 (commencing with Section 6940) to Part 1 of Division 6 of the Fish and Game Code, relating to fish and wildlife.


AB 1201, as amended, Salas. 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 developbegin delete and initiateend delete 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1


The Legislature finds and declares all of the

3(a) Promoting the long-term ecological health of the
4Sacramento-San Joaquin Delta and its native species is critical to
5ensuring a reliable and sustainable water supply for all Californians.

6(b) Salmon are an iconic native California fish that are important
7to California’s economic, recreational, and environmental welfare.
8California’s $1.5 billion commercial and recreational salmon
9fishing industries employ tens of thousands of people, provide
10endless recreational opportunities, and remain an important part
11of the cultural heritage of California’s Native American tribes.
12Winter-run Chinook salmon were listed as endangered under the
13federal Endangered Species Act in 1994.

14(c) Despite efforts to protect the species, the latest spring Kodiak
15trawl survey by the Department of Fish and Wildlife recorded the
16lowest number ever for the species.

17(d) Ongoing drought conditions have significant impacts on
18California’s environment, fish and wildlife, residents, farms, and
19businesses, and have worsened conditions for endangered Chinook
20salmon and delta smelt and further threatenedbegin delete ofend delete their extinction.

21(e) State and federal regulators must take concerted efforts to
22protect the environment, fish and wildlife, the economy, and
23residents of this state from the ongoing implications of drought
24and future water scarcity.

25(f) Predation by nonnative species can cause mortality among
26endangered Chinook salmon and delta smelt and, as these
27populations continue to decline, ongoing predation may further
28negatively impact their potential recovery and hasten their

begin delete


end delete

31begin insert(g)end insert It is the policy of the State of California to protect native
32species, particularly those at risk of extinction. Consistent with
33that policy, it is important to evaluate whether populations of
34nonnative species that pose a risk to such native species can be
35managed in a way that enhances the potential for native species’


SEC. 2.  

Chapter 8.5 (commencing with Section 6940) is added
38to Part 1 of Division 6 of the Fish and Game Code, to read:


P3    1Chapter  8.5. Predation by Nonnative Species




begin insert(a)end insertbegin insertend insert The department shall, by June 30,begin delete 2106,end deletebegin insert 2016,end insert
4 developbegin delete and initiateend delete a science-based approach that helps address
5predation by nonnative species upon species listed pursuant to
6Chapter 1.5 (commencing with Section 2050) of Division 3 that
7reside all or a portion of their lives in the Sacramento-San Joaquin
8Delta, as defined in Section 12220 of the Water Code.

begin insert

9(b) The department shall not implement the science-based
10approach developed pursuant to subdivision (a) unless the
11Legislature appropriates funds to implement the science-based

end insert