BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 1201 Hearing Date: July 14,
2015
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|Author: |Salas | | |
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|Version: |July 7, 2015 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Katharine Moore |
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Subject: Fish and wildlife: Sacramento-San Joaquin Delta:
predation by nonnative species.
BACKGROUND AND EXISTING LAW
Existing law establishes the Department of Fish and Wildlife
(department) in the Natural Resources Agency. The department's
mission is to manage California's diverse fish, wildlife, and
plant resources, and the habitats upon which they depend, for
their ecological values and for their use and enjoyment by the
public.
The Sacramento River - San Joaquin Delta is the largest
estuarine system on the west coast. The Delta is a productive
agricultural region as well as important habitat for wildlife,
fishes and invertebrates. The Delta provides essential rearing
habitat for Chinook salmon and steelhead and is a transit zone
for these species as they emigrate to their adult habitat in the
Pacific. Today, the Delta is also the hub of the state's water
distribution system. About two-thirds of all Californians and
millions of acres of irrigated farmland rely on the Delta for
water from the state and federal water projects. However, as
noted in a recent review of predation in the Delta, "both the
rearing and migratory functions of the Delta have been strongly
affected by a long history of water withdrawals, land
conversion, and introductions of invasive species."
Existing law recognizes striped bass as a nonnative introduced
sportfish. It is a popular sportfish and is a predator of other
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species, including other fish. According to a news report,
there were as many as 2.5 million adult stripers in the Delta in
the mid-1970s, and the population is estimated to have declined
to about a million by 2003 due to many of the same factors that
threaten other fish in the Delta.
Existing law places certain restrictions on the striped bass
fishery. The Fish and Game Commission 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.
Declines in salmon populations have been attributed to predation
by significant striped bass populations. Striped bass were the
focus of most past efforts investigating predation by nonnative
species on native species. 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.
There are native predators, such as the Sacramento pikeminnow,
that feed on salmonids as well. Additionally, some tagging
studies have identified "hot spots" in the Delta where many
salmon smolts were lost and predation is, at least in part,
likely to be responsible.
Scientific research on predation of salmonids and other species
is currently underway in California. The department reports
collaborating with the Department of Water Resources and federal
entities on a predation study that started in 2014.
Approximately $1.2 million has been spent over the two years the
study has been underway. Additionally the Independent
Scientific Review Panel that was set-up as part of a lawsuit
settlement (see comment below) received three proposals that
will study the recommendations from a 2013 Predation workshop
held by the department. The settlement provides $1 million to
evaluate predation. The Department of Water Resources is also
funding predation studies in the Delta area and reports federal
agencies are funding studies as well. The biological opinions
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for at least some listed species require these predation
studies.
While predation research is underway, the report from the 2013
Predation workshop notes that "[a]vailable data and analyses
have generated valuable information regarding aspects of the
predation process in the Delta but do not provide unambiguous
and comprehensive estimates of fish predation rates on juvenile
salmon or steelhead nor on population-level effects for these
species in the Delta."
The report also states that, "[j]uvenile salmon are clearly
consumed by fish predators and several studies indicate that the
population of predators is large enough to effectively consume
all juvenile salmon production. However, given extensive flow
modification, altered habitat conditions, native and non-native
fish and avian predators, temperature and dissolved oxygen
limitations, and overall reduction in historical salmon
population size, it is not clear what proportion of juvenile
mortality can be directly attributed to fish predation. Fish
predation may serve as the proximate mechanism of mortality in a
large proportion of the population but the ultimate causes of
mortality and declines in productivity are less clear. For
example, stress caused by harsh environmental conditions or
toxicants will render fish more susceptible to all sources of
mortality including predation, disease or physiological stress."
PROPOSED LAW
This bill would require the department to develop a
science-based approach by June 30, 2016 that helps address
predation by non-native species on Delta species listed as
threatened or endangered under the California Endangered Species
Act. The plan would be required to take into consideration
predation on all Chinook salmon and other species not listed as
threatened or endangered. The bill would make implementation of
the plan subject to the availability of funding. The bill would
also make numerous supporting legislative findings.
ARGUMENTS IN SUPPORT
According to the author, "Over the years, the Delta's ecosystem
has deteriorated due to numerous stressors, making it unable to
deliver reliable water supplies, sustain native species and
accommodate a variety of recreational activities."
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"Today, the Delta ecosystem is in severe distress, and there is
no stressor facing the Delta ecosystem that can be ignored."
"We need to use science-based data in order to take concerted
efforts to help protect the long-term ecological health of the
Delta and its native species in order to ensure a reliable and
sustainable water supply for all Californians."
"AB 1201 requires [the department] to develop a science-based
approach that helps address predation on endangered Delta
species."
ARGUMENTS IN OPPOSITION
Writing in opposition, a group of 38 sport fishing organizations
and businesses state, "[g]iven the duration and magnitude of the
decline of the anadromous fisheries of the Central Valley, the
collapse in the productivity of the Delta estuary's ecosystem
and the inability of state and federal government to save and
restore these extremely valuable public resources over the past
fifty years, we are very concerned that this proposed
legislation misses the big picture problems suffered by the
estuary and will detract from solving them."
"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 the
fishery declines according to the best available peer reviewed
science."
"The extensive peer reviewed science on predation in the estuary
has relegated predation to be the least important stressor on
fisheries" and they further note that "[a]fter five decades of
not coming to grips with real solutions, we need to act now
while there is time for fisheries to be recovered."
COMMENTS
Work is underway at the department now on predation . As noted
above, the department, as well as other state and federal
entities, are currently funding research on predation. By
neglecting these efforts in the bill, the impression may be
provided that predation is not being considered. The committee
may wish to correct that oversight. [Amendment 1]
Salmon and smelt are part of a larger food chain/web . As a
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recent paper in the Proceedings of the National Academy of
Sciences points out, river ecosystem food chains or webs are
complicated, non-linear systems that may respond to changing
conditions in unexpected ways. For example, reducing the
population of one predator of salmon may result in the emergence
of another more voracious predator (including non-fish species)
which may result in a net lower population of salmon.
Additionally, technical models estimating predation rates
generally lack validation and it is difficult to exact level of
benefit predator removal will have. As respected fisheries
biologists Peter Moyle and William Bennett wrote "Reducing
striped bass and other predator populations is unlikely to make
a difference in saving endangered fishes, and will serve only to
distract attention from the real problems."
Hatchery practices may have something to do with the decline in
salmon population too . Emerging science has revealed that
salmon hatchery practices may produce salmonids with lower
survival rates and a diminished likelihood of successful
procreation compared to wild salmonids. In 2012, the California
Hatchery Review Report was released which provided policy-level
recommendations based upon the sound scientific review of
available information. The report made numerous recommendations
to more carefully manage hatchery processes to produce more
robust fish with emphases on careful monitoring and evaluation
programs. Hatchery production is thought to responsible for
all/almost all of the fall-run Central Valley Chinook salmon
which supports much of the recreational and commercial salmon
fishery.
Controversy over predation . In 2008 the Coalition for a
Sustainable Delta, which included southern San Joaquin Valley
water districts, sued the department in an attempt to loosen the
restriction on striped bass take, arguing that this protection
was responsible for significant loss of endangered runs of
Chinook salmon. In 2010, the National Marine Fisheries Service
also recommended that the bag limit on stripers be lifted in
order to boost endangered salmon populations. In the 2011
settlement, the department agreed to consider a management plan
for stripers that took into account the fate of Chinook salmon,
steelhead and other native species. However, in 2012 the Fish
and Game Commission voted not to go ahead with the proposed
environmental assessment.
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Recent related legislation
AB 1253 (Fuller, 2009). This bill would have removed the
existing restrictions on the commercial possession or sale of
striped bass, and on the taking of striped bass with nets. (this
bill was later amended into a different subject area.)
AB 2336 (Fuller, 2010). This bill 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. (held in the Senate Natural
Resources and Water Committee)
SUGGESTED AMENDMENTS
AMENDMENT 1
On page 2, between lines 31 and 32, insert:
"(g) The state, including the Department of Fish and
Wildlife and the Department of Water Resources, have been
and are engaged in sponsoring and conducting scientific
research on the effects of predation on native species."
On page 3, on line 6, after "(a)" add "(1)"
On page 3, between lines 14 and 15, insert:
"(2) The department shall incorporate its existing
predation research and study design efforts into
development of the plan required pursuant to paragraph
(1)."
SUPPORT
Agricultural Council of California
Association of California Water Agencies
California Chamber of Commerce
California Citrus Mutual
California Cotton Ginners & Growers Associations
California Farm Bureau Federation
California Fresh Fruit Association
Calleguas Water District
City of Torrance
Coachella Valley Water District
Cucamonga Valley Water District
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Eastern Municipal Water District
Family Farm Alliance
Fresno County Farm Bureau
Friant Water Authority
Grassland Water District
Inland Empire Utilities Agency
Irvine Ranch Water District
Kern County Water Agency
Las Virgenes Municipal Water District
Mesa Water District
Metropolitan Water District of Southern California
Modesto Irrigation District
Northern California Water Association
Oakdale Irrigation District
Pasadena Water and Power
Robert J. Beste, Public Works Director, City of Torrance
San Diego County Water Authority
San Luis & Delta-Mendota Water Authority
San Luis Water District
Santa Clara Valley Water District
Southern California Water Committee
Three Valleys Municipal Water District
Turlock Irrigation District
Western Agricultural Processers Association
Western Growers Association
Western United Dairymen
Westlands Water District
OPPOSITION
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
Fly Fishers For Conservation
Fly Fishers of Davis
Friends of Butte Creek
Granite Bay Flycasters
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Gold County 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 Association
Pasadena Casting Club
Peninsula Fly Fishers
Recreational Fishing Alliance
Salmon Restoration Association
Santa Cruz Fly Fishermen
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
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