BILL ANALYSIS Ó
AB 1201
Page 1
ASSEMBLY THIRD READING
AB
1201 (Salas)
As Amended June 2, 2015
Majority vote
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|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 | |
| | | | |
| | | | |
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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
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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
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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.
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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