BILL ANALYSIS Ó
AB 1201
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Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
AB 1201
Salas - As Amended April 22, 2015
SUBJECT: Nonnative Species Predation
SUMMARY: Requires the Department of Fish and Wildlife (DFW) to
develop and initiate a science-based approach that helps address
predation by non-native species on Delta species. Specifically,
this bill:
1)Makes findings related to the decline of native fish species
in the Sacramento-San Joaquin Delta (Delta) and the potential
for predation by nonnative species on those at-risk fish
species.
2)Requires DFW, by June 30, 2016 to initiate a science-based
approach that helps address predation by non-native species
upon species in the Delta listed as threatened and endangered
under the California Endangered Species Act (CESA).
EXISTING LAW:
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1)Recognizes striped bass as a nonnative introduced sportfish.
2)Prohibits striped bass from being transported or carried out
of or into California except striped bass taken from the
Colorado River by sportfishing licensees. Allows striped bass
legally taken in another state that permits the sale of
striped bass to be imported into the state subject to Fish and
Game Commission (FGC) regulations.
3)Prohibits striped bass from being possessed aboard a
commercial fishing vessel, or by a commercial fisherman, and
prohibits striped bass from being taken by any kind of net.
Allows striped bass to be sold or offered for sale only by an
aquaculturalist, or if it was taken legally in another state.
4)The FGC by regulation sets seasons, bag limits and size limits
for take of striped bass. Current regulations establish a
statewide limit of 2 fish, 18 inches minimum in length, except
in the Colorado River District, the Southern District and
certain lakes, where the limit is 10 fish with no minimum size
restriction.
FISCAL EFFECT: Unknown
COMMENTS: This bill requires DFW, by June 30, 2016 to implement
a program that helps address predation by non-native species
upon listed Delta species.
1)Author's statement: The author states that promoting the
long-term ecological health of the Sacramento-San Joaquin
Delta and its native species are critical to ensuring a
reliable and sustainable water supply for all Californians and
that this bill helps to achieve that by requiring DFW to
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develop a science-based approach to predation of listed
species by non-native species in the Delta.
2)The striped bass debate: Most past efforts focused on
nonnative species that could predate on native species were
focused on striped bass. Water agencies, particularly in the
San Joaquin Valley, have claimed striped bass are a primary
cause of the decline of delta smelt and other pelagic species
and not lack of instream flows in the Sacramento and San
Joaquin Rivers. Other stakeholders have disagreed citing a
lack of instream flows and a loss of habitat as primary
stressors on those species.
3)Prior and related legislation:
AB 1253 (Fuller), as introduced in 2009, would have removed
the existing restrictions on the commercial possession or sale
of striped bass, and on the taking of striped bass with nets.
AB 1253 was amended into a bill exempting fireworks from the
California Coastal Act and held in Senate Natural Resources
and Water Committee.
AB 2336 (Fuller), introduced in 2010, would have required the
Delta Stewardship Council, in the course developing and
adopting the Delta plan, to direct the Delta Independent
Science Board to conduct an assessment of other stressors on
populations of native species in the Delta. AB 2336 was held
in Senate Natural Resources and Water Committee.
4)Supporting arguments: Supporters state that in a healthy
Delta there should be the ability to deliver reliable water
supplies, sustain native species, and accommodate a variety of
recreational activities. Supporters add that, today, however,
the Delta ecosystem is in severe distress and there is no
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major stressor facing the Delta ecosystem that can be ignored.
Supporters state that this bill aligns with broader efforts to
base management decisions in the Delta on science and places
the responsibility on the appropriate state agency to manage a
statewide problem.
5)Opposing arguments: Opponents state that the impacts to the
estuary that occur due to exporting vast amounts of water
primarily by the State and Federal Water Projects have been
found to be the fundamental cause for fishery declines
according to the best available peer reviewed science.
Opponents argue there has not been enough funding dedicated to
correct these impacts while peer reviewed science on predation
in the Estuary has relegated predation to be the least
important stressor on fisheries and one that does not have an
impact on the system's ecology or fish at a population level.
6)Clerical error in the bill text: There is a clerical error in
the current bill text that mistakenly puts the date of DFW
compliance at June 30, 2106 instead of June 30, 2016.
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REGISTERED SUPPORT / OPPOSITION:
Support
Metropolitan Water District of Southern California
Opposition
Allied Fishing Groups
Black Bass Action Committee
Bass Classics of Santa Clara
California Fly Fishers Unlimited
California Sportfishing Protection Alliance
California Striped Bass Association
Chico Flyfishers
Coastside Fishing Club
Delta Fly Fishers
Diablo Valley Fly Fishermen
E.C. Powell Fly Fishers
Fishery Foundation of California
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Fly Fishers For Conservation
Fly Fishers of Davis
Friends of Butte Creek
Granite Bay Flycasters
Gold Country Fly Fishers
Grizzly Peak Flyfishers
Golden Gate Angling & Casting Club
Golden West Women Flyfishers
Hi's Tackle Box
ICON Products Inc.
Mission Peak Fly Anglers
NCC - Federation of Fly Fishers
NORCAL Kayak Anglers
Pacific Coast Federation of Fishermen's Assoc.
Pasadena Casting Club
Peninsula Fly Fishers
Recreational Fishing Alliance
Salmon Restoration Association
Santa Cruz Fly Fisherman
Shasta Fly Fishers
SWC- Federation of Fly Fishers
Striperfest
Tracy Fly Fishers
Tri-Valley Fly Fishers
United Anglers of California
United Pier & Shore Anglers of California
USA Fishing
Wilderness Fly Fishers
Analysis Prepared by:Tina Cannon Leahy / W., P., & W. / (916)
319-2096
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