BILL ANALYSIS Ó AB 1201 Page 1 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: AB 1201 Page 2 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 AB 1201 Page 3 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 AB 1201 Page 4 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. AB 1201 Page 5 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 AB 1201 Page 6 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 AB 1201 Page 7