Amended in Senate July 16, 2015

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 Bill No. 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.

LEGISLATIVE COUNSEL’S DIGEST

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 Joaquin Delta and that considers predation reduction for all Chinook salmon and other native species not listed pursuant to the act.

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 the Sacramento and San Joaquin
Rivers and their 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 native species, the latest spring
Kodiak trawl survey by the Department of Fish and Wildlife
recorded among 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 Chinook salmon
and delta smelt and further threaten survival of these species.

(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 can cause mortality among 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.

begin insert

(g) The state, including the Department of Fish and Wildlife
and the Department of Water Resources, has been and is engaged
in sponsoring and conducting scientific research on the effects of
predation upon native species.

end insert begin delete

(g)

end delete

begin insert (h) end insert  It is the policy of the State of California to protect native
species, particularly those at immediate risk of extinction.
Consistent with that policy, it is important to evaluate strategies
to reduce predation 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.  

(a)  begin insert (1) end insert begin insert   end insert The department shall, by June 30, 2016, develop
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. Plan development shall also take into
consideration predation reduction for all Chinook salmon and other
native species not listed pursuant to Chapter 1.5 (commencing
with Section 2050) of Division 3.

begin insert

(2) The department shall incorporate its existing predation
research and study design efforts into development of the plan
required pursuant to paragraph (1).

end insert

(b) The department shall not implement the plan developed
pursuant to subdivision (a) unless funding is made available.