Amended in Senate July 7, 2015

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 develop 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 Joaquinbegin delete Delta.end deletebegin insert Delta and that considers predation reduction for all Chinook salmon and other native species not listed pursuant to the act.end insert

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 andbegin delete itsend deletebegin insert the Sacramento and San
5Joaquin Rivers and theirend insert
native species is critical to ensuring a
6reliable and sustainable water supply for all Californians.

7(b) Salmon are an iconic native California fish that are important
8to California’s economic, recreational, and environmental welfare.
9 California’s $1.5 billion commercial and recreational salmon
10fishing industries employ tens of thousands of people, provide
11endless recreational opportunities, and remain an important part
12of the cultural heritage of California’s Native American tribes.
13Winter-run Chinook salmon were listed as endangered under the
14federal Endangered Species Act in 1994.

15(c) Despite efforts to protectbegin delete theend deletebegin insert nativeend insert species, the latest spring
16Kodiak trawl survey by the Department of Fish and Wildlife
17recordedbegin insert amongend insert the lowest number ever for the species.

18(d) Ongoing drought conditions have significant impacts on
19California’s environment, fish and wildlife, residents, farms, and
20businesses, and have worsened conditions forbegin delete endangeredend delete Chinook
21salmon and delta smelt and furtherbegin delete threatened their extinction.end delete
22begin insert threaten survival of these species.end insert

23(e) State and federal regulators must take concerted efforts to
24protect the environment, fish and wildlife, the economy, and
25residents of this state from the ongoing implications of drought
26and future water scarcity.

27(f) Predationbegin delete by nonnative speciesend delete can cause mortality among
28begin delete endangeredend delete Chinook salmon and delta smelt and, as these
29populations continue to decline, ongoing predation may further
30negatively impact their potential recovery and hasten their

32(g) It is the policy of the State of California to protect native
33species, particularly those atbegin insert immediateend insert risk of extinction.
34Consistent with that policy, it is important to evaluatebegin delete whether
35populations of nonnative species that pose a risk to such native
36species can be managedend delete
begin insert strategies to reduce predationend insert in a way
37that enhances the potential for native species’ survival.

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SEC. 2.  

Chapter 8.5 (commencing with Section 6940) is added
2to Part 1 of Division 6 of the Fish and Game Code, to read:


4Chapter  8.5. Predation by Nonnative Species




(a) The department shall, by June 30, 2016, develop a
7science-based approach that helps address predation by nonnative
8species upon species listed pursuant to Chapter 1.5 (commencing
9with Section 2050) of Division 3 that reside all or a portion of their
10lives in the Sacramento-San Joaquin Delta, as defined in Section
1112220 of the Water Code.begin insert Plan development shall also take into
12consideration predation reduction for all Chinook salmon and
13other native species not listed pursuant to Chapter 1.5
14(commencing with Section 2050) of Division 3.end insert

15(b) The department shall not implement thebegin delete science-based
16approachend delete
begin insert planend insert developed pursuant to subdivision (a) unlessbegin delete the
17Legislature appropriates funds to implement the science-based
18approach.end delete
begin insert funding is made available.end insert