BILL ANALYSIS Ó AB 1201 Page 1 ASSEMBLY THIRD READING AB 1201 (Salas) As Amended June 2, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+---------------------+---------------------| |Water |15-0 |Levine, Bigelow, | | | | |Dababneh, Dahle, | | | | |Dodd, Beth Gaines, | | | | |Cristina Garcia, | | | | |Gomez, Harper, | | | | |Lopez, Mathis, | | | | |Medina, Rendon, | | | | |Salas, Williams | | | | | | | |----------------+------+---------------------+---------------------| |Appropriations |16-1 |Gomez, Bigelow, |Eggman | | | |Bonta, Calderon, | | | | |Chang, Daly, | | | | |Gallagher, Eduardo | | | | |Garcia, Gordon, | | | | |Holden, Jones, | | | | |Quirk, Rendon, | | | | |Wagner, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- AB 1201 Page 2 SUMMARY: Requires the Department of Fish and Wildlife (DFW) to develop 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 develop 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). 3)Provides that DFW shall not implement the science-based approach developed as described in 2), above, unless the Legislature appropriates funds to implement the science-based approach. EXISTING LAW: 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 AB 1201 Page 3 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 two 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: According to the Assembly Appropriations Committee: 1)Unknown significant increased costs for DFW to implement the science-based approach in the Delta likely in the millions of dollars (General Fund or special fund); Unknown cost pressures. 2)Increased administrative costs to DFW to develop the approach in the $150,000 to $250,000 range; COMMENTS: This bill requires DFW, by June 30, 2016, to develop a science-based approach that helps address predation by non-native species upon listed Delta species but prohibits implementation of the approach unless the Legislature appropriates funds for that purpose. The author states that promoting the long-term ecological health AB 1201 Page 4 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 develop a science-based approach to predation of listed species by non-native species in the Delta. Most past efforts that focused on nonnative species that could predate on at-risk native fish species in the Delta and rivers tributary to the Delta 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. Prior Legislative efforts with respect to striped bass and stressors on native fishes did not pass the Legislature. Those efforts include AB 1253 (Fuller), as introduced in 2009, which would have removed the existing restrictions on the commercial possession or sale of striped bass, and on the taking of striped bass with nets; and, AB 2336 (Fuller), introduced in 2010, which would have required the Delta Stewardship Council Independent Science Board to conduct an assessment of other stressors on populations of native species in the Delta. 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 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. AB 1201 Page 5 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. Analysis Prepared by: Tina Leahy / W., P., & W. / (916) 319-2096 FN: 0000837