BILL ANALYSIS
AB 1253
Page 1
Date of Hearing: April 28, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AB 1253 (Fuller) - As Introduced: February 27, 2009
SUBJECT : Striped Bass
SUMMARY : Removes existing restrictions on the commercial
possession or sale of striped bass, and on the taking of striped
bass with nets. Prohibits the possession, transport or planting
of striped bass, and prohibits funds from being used to benefit
a striped bass fishery. Specifically, this bill :
1)Deletes the exemption in current law from the requirement for
project applicants to pay a filing fee for project costs
payable to the Department of Fish and Game (DFG) from the
Striped Bass stamp fund (now the Bay-Delta Sportfishing
Enhancement Stamp).
2)Except as authorized by DFG, prohibits a person from
possessing, importing, shipping, transporting or planting
striped bass in California, subject to a fine of not less than
$500 and not more than $10,000, which may be imposed by DFG as
an administrative civil penalty, if DFG adopts regulations
specifying the amount of the penalty and the procedure for
imposing and appealing the penalty. This bill adds this
section to the chapter on aquatic invasive species in the Fish
and Game Code. Requires DFG to adopt implementing
regulations.
3)Repeals the existing prohibition on transport of striped bass
out of or into the state except when taken from the Colorado
River by licensed sportfishermen.
4)Repeals the existing authorization for striped bass to be
imported into California if taken legally in another state
that permits the sale of the fish.
5)Prohibits DFG from using funds in the Bay-Delta Sportfishing
Enhancement Stamp account to benefit striped bass, and states
Legislative intent that none of the funds in the account be
used to benefit a striped bass fishery, including striped bass
populations and habitat.
6)Repeals the prohibition on striped bass being possessed aboard
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a commercial fishing vessel or by a commercial fisherman, and
the prohibitions on striped bass being taken with nets.
7)Repeals existing restrictions on the sale of striped bass in
California. Also repeals provisions allowing for striped bass
to be possessed by aquaculturalists and allowing for the sale
of striped bass broodstock.
8)States various legislative findings regarding harm caused by
striped bass, and states legislative intent to prevent
additional striped bass from entering the state, to discourage
promotion of the Delta as a striped bass sport fishery, to end
programs to support striped bass and to eliminate all legal
restrictions on the take of striped bass.
EXISTING LAW :
1)Establishes the Bay-Delta Sportfishing Enhancement Stamp and
fund, and allows monies in the fund to be used for the benefit
of Bay-Delta sport fisheries, including but not limited to
striped bass, sturgeon, black bass, halibut, salmon, surf
perch, steelhead trout, and American shad. Requires that the
funds be expended consistent with requirements of state and
federal endangered species acts and the ecosystem restoration
component of CALFED.
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.
FISCAL EFFECT : Unknown but potentially significant state costs
to manage commercial fishing of striped bass.
COMMENTS : This bill represents a significant policy shift in
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the state's management of striped bass, which has been managed
as a game fish in the state for the past 100 years. This bill
essentially removes all state protection and management of
striped bass as a game fish, classifies the fish as an aquatic
invasive species, prohibits the possession, importation or
planting of striped bass, and removes all prohibitions on the
commercial possession or take of striped bass. The author and
sponsor state that striped bass are a threat to native fisheries
and prey on a variety of native fish, including endangered or
threatened species such as Chinook salmon, steelhead and Delta
smelt. They assert that all protections for striped bass should
be removed from state law, and believe that eliminating striped
bass will help address water supply management and ecosystem
restoration in the Delta. The author notes that the causes of
the Delta's native fish species are many, including toxins, loss
of habitat and increased predation primarily by introduced
non-native fish, and acknowledges that this bill will not by
itself address all the factors contributing to the decline of
native fish species in the Delta. The author believes, however,
this bill will address a known factor at little or no cost to
the State.
Striped bass, which are native to the east coast, were
introduced into the Delta in 1879. They initially did very well
in the changing Delta environment but started declining in the
late 1960s. Striped bass are a prized sport fish, supporting
the development of a highly valued and economically important
sport fishery in California, and have made the Delta a world
class destination for striped bass fishing. In the 1980s and
1990s DFG stocked large numbers of striped bass, which reached a
record low adult population in 1994. The federal Central Valley
Project Improvement Act (CVPIA) calls for a doubling of the
striped bass population. The state received a permit from the
federal government authorizing DFG to stock striped bass in the
1990s, but stopped stocking striped bass around 2000, when the
population reached an abundance of 1.5 million adults. At that
time, federal biologists estimated that about 1 percent of
migrating salmon and smaller numbers of Delta smelt would be
impacted by the stocking. Since 2000 the striped bass
population has been in decline. The most recent population
numbers available on DFG's website estimate adult striped bass
abundance in the estuary at approximately 800,000. According
to DFG, the total number of striped bass, adult and juvenile, in
the Delta is likely close to 1 million. Since 2000 the number
of juvenile striped bass produced in the Delta have been at
record lows. Striped bass are included in the CALFED pelagic
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organism decline (POD) project, along with Delta Smelt, Longfin
Smelt, and Threadfin Shad, as conditions in the Delta are
negatively impacting all four species. According to the 2007
POD Progress Report, trawl indices showed abundance of all four
species began to decline sharply in 2000. Abundance indices for
2002-2006 show record lows for juvenile Delta smelt and striped
bass.
According to fishery biologist Dr. Peter Moyle of the University
of California at Davis, the major change in the Delta that
occurred from the 1970s onward, coinciding with the decline of
Delta smelt, striped bass and other pelagic species, was the
shift of the Delta from an estuarine environment to a more
freshwater environment. Hydrologic changes associated with
pumping and water releases have created an environment that is
unfavorable to both native fish and striped bass. Dr. Moyle
notes that artificially created areas in the Delta such as
Clifton Court Forebay create special problems for predation,
since small fish that are sucked into the forebay as a result of
project operations are particularly vulnerable to predation.
Many of the small fish that are not eaten in the forebay are
salvaged and then trucked back to the Delta and released, often
at the same time and location, where they are again subject to
predation from predators that are conditioned to congregate at
the release site. Consequently, both pumping operations and
current mitigation protocols are contributing to conditions that
are making the fish particularly vulnerable to predation.
Studies : Both proponents and opponents cite to numerous
studies, in some cases to the same studies, in defense of their
position. While it is clear that striped bass are a predator
fish, and one of a number of predator species in the Delta
ecosystem, it is less clear whether striped bass are having a
population level impact on listed species such as Delta smelt or
Chinook salmon. It is also unclear what the impact of removing
or reducing the abundance of striped bass would be, if any, on
recovery of these other species.
The proponents cite several studies in support of their position
that striped bass are a significant factor in the population
declines of native fish species in the Delta. For example:
Proponents reference a 2002 modeling study entitled "Modeling
the effect of striped bass on the population viability of
Sacramento River winter-run Chinook salmon" performed by the
Santa Cruz Laboratory of the National Marine Fisheries Service
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(NMFS). The study was conducted for the purpose of evaluating a
proposal to augment striped bass abundance through stocking, and
looked at what the impact might be on winter-run Chinook salmon.
The model used simulated statistical modeling rather than
actual field data, due to the lack of detailed data on the
interaction between winter-run salmon and striped bass. The
study concluded that substantial increases in striped bass
abundance above 1 million could have the potential to
significantly increase the threat to winter-run Chinook. The
study also found, however, that stabilizing the striped bass
population at its current size may pose an acceptably small
risk. The study also noted that winter-run Chinook are not the
primary prey of striped bass and that striped bass predation is
only one of many mortality sources affecting winter run salmon,
which include dams, higher water temperatures, water diversions,
habitat modification and degradation, toxics, and predation by
other species.
Proponents also cite to the NMFS December 2008 draft biological
opinion on the Long-term Central Valley Project (CVP) and State
Water Project (SWP) Operation Criteria and Plan which found
juvenile salmonid survival has been reduced by four conditions,
including predation by striped bass, and also found striped bass
predation to be a stressor on juvenile steelhead. The four
conditions cited in the study are: 1) water diversions from the
Sacramento River via the Delta Cross Channel, 2) upstream or
reverse flows of water in the San Joaquin and south Delta, 3)
entrainment at CVP and SWP export facilities and associated
problems at Clifton Court Forebay, and 4) increased exposure to
introduced non-native predators such as striped bass, largemouth
bass, and sun fishes. With regard to predation, the opinion
finds that human-induced habitat changes such as alteration of
natural flows, and structures such as dams, bridges, water
diversions and piers provide conditions that disorient juvenile
salmon and attract predators, including pikeminnow and striped
bass. The draft opinion also notes that pikeminnow and striped
bass congregate below the Red Bluff Diversion Dam where they
prey on juvenile salmon, and that distribution of the two
predators is directly related to dam operations. Other places
in the Delta where predation is a concern include flood bypasses
and post-release sites for salmon salvaged at CVP and SWP
facilities. The opinion notes both striped bass and pikeminnow
predation at release sites is documented, but that accurate
predation rates at these sites is difficult to determine. The
opinion concludes all predators are opportunists, searching out
locations where juveniles and adults are most vulnerable, such
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as the large water diversions in the south Delta (p. 53-55).
Opponents and proponents both point to the United States Fish
and Wildlife Service (USFWS) December 2008 final Biological
Opinion on Delta Smelt and operations of the CVP and SWP as
supporting their position. Opponents note the opinion found no
evidence striped bass pose a significant threat to Delta smelt,
and that studies have found striped bass rarely if ever eat
Delta smelt. However, proponents note the opinion also found
that because Delta smelt are a rare fish they are also rare in
predator's stomachs, and that striped bass are still likely the
primary predator of juvenile and adult smelt. The opinion
further states that it is unknown whether incidental predation
by striped bass represents a substantial source of mortality for
Delta smelt, and that Delta smelt may experience high predation
mortality around water diversions where smelt are entrained and
predators aggregate. Proponents also cite a USFWS 2005
Biological Opinion for Delta Smelt which similarly found that
"predation occurs concurrent with entrainment because striped
bass and other predators accumulate at the pumping plants and
other diversions where Delta smelt are drawn due to the
influence of the pumps. The high flows and turbulence
associated with these diversions disorient fish making them
highly susceptible to predation?and predation in Clifton Court
Forebay is a significant source of fish mortality."
Proponents also cite to a 2007 scientific report by Nobriga &
Freyer that found striped bass "likely remain the most
significant predator of Chinook salmon? and threatened Delta
smelt? due to its ubiquitous distribution in the estuary and its
tendency to aggregate around water diversion structures where
these fish are frequently entrained." Opponents point to a
subsequent paper by these same authors in 2008 which examined
the gut contents of striped bass from 1996 to 2003 and found the
striped bass examined rarely ate salmon and even more rarely ate
smelt.
Policy Questions for the committee : Sampling of striped bass
shows that they feed on a variety of small fish, including
smaller striped bass, threadfin shad, salmon, anchovies and
perch. Striped bass are known to prey on Chinook salmon, though
much of the predation appears to be site specific around
human-made obstacles to migration or release sites. It is less
clear whether striped bass predation is having a population
level effect on the species. Whether controlling or eliminating
predator populations such as striped bass would increase
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populations of Delta smelt or Chinook salmon is also unknown.
Some fishery experts, such as Dr. Moyle, believe that result is
highly unlikely, particularly given all the complex factors
suppressing fish populations, the array of predators, the lack
of food, and other conditions negatively impacting the habitat
and aquatic environment. A related question is, assuming that
an effective predator control program could be designed, what
should it include? Would focusing on removing just one predator
species such as striped bass, as proposed by this bill, be
effective? Dr. Moyle and other fishery scientists stress that
for a predator control program to have a chance of being
effective, it would necessarily have to focus on multiple
species. Dr. David Ostrach with the University of California at
Davis also cautions that removing just one predator species such
as striped bass from an ecosystem where they have coexisted for
over a hundred years may in fact make matters worse, since
striped bass prey on other known predators of smelt and salmon.
Dr. Ostrach also makes the point that predators are part of
every healthy ecosystem, and that apex predators such as striped
bass are used by scientists as a metric of ecosystem health.
Dr. Moyle similarly notes it is easy to blame predators for fish
population declines because most fish die by being eaten by
predators. However, that does not necessarily mean that
predators are the ultimate cause of the problem. Given these
considerations, the committee may wish to consider whether
focusing on striped bass as the problem is therefore misplaced,
and whether this bill will help or hinder efforts to address the
real underlying causes of native species decline and ecosystem
collapse in the Delta.
Supporters of this bill assert that striped bass are a problem,
not just because they are predators but because they were an
introduced species. While introduced species have in some cases
caused serious ecological problems, and most scientists will
agree that introducing species to an environment where they are
not native is generally not a good idea since they may displace
other native species and throw the ecosystem out of balance, in
this case striped bass were introduced over 100 years ago into a
system that was and is still today being heavily impacted by
human activities. According to Dr. Moyle, striped bass over
time replaced other native fish predators that were becoming
scarce in the Delta by the late 19th century. Striped bass have
co-existed with native species now for 130 years, and also
support an economically and socially valued sport fishing
industry. In response, proponents note that as the Delta
ecosystem has collapsed striped bass are now expanding their
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range upstream into upper reaches of the Sacramento and other
rivers in search of food. Whether this presents new risks and
warrants changes in management policies for striped bass is a
scientific and biological management question.
Given these uncertainties, the committee may wish to consider
whether this proposal would be more appropriately brought before
the Fish and Game Commission than the Legislature. The
Legislature has delegated to the Fish and Game Commission
authority and responsibility to determine harvest regulations
for game species. An argument can be made that the Commission
is in a better position to assess the science and determine
whether management changes are warranted with regard to striped
bass or other fish species.
If the committee desires to pass this bill, there are other
internal inconsistencies in this bill that should be addressed.
For example, this bill removes existing prohibitions on the
possession of striped bass on commercial vessels and by
commercial fishermen, but also prohibits possession,
transportation and shipment of striped bass in another section.
This bill also repeals provisions allowing for striped bass to
be possessed by aquaculturalists and for the sale of broodstock.
Pending Litigation : The committee should be aware that the
issues raised by this bill are also the subject of a lawsuit
that is currently pending in federal court before Judge Wanger
and is scheduled for hearing in February 2010.
Support Arguments : Supporters of this bill, which consist
primarily of water districts, assert this bill will reduce the
threat to native fisheries posed by predatory striped bass known
to prey on native fish, including salmon, smelt and steelhead.
By removing one of the stressors on native species, they argue
this bill compliments efforts to protect native fish and promote
ecosystem restoration. Supporters also emphasize the need to
provide more balance to water management, and cite to court
orders for major reductions in the amount of water pumped from
the Delta to protect declining endangered fish populations.
Supporters assert this bill will help relieve some of those
pressures by removing a known predator that is a significant and
growing factor contributing to the decline of native endangered
and threatened species. Some supporters claim that as many as
75% of young salmon migrating to the ocean through the Delta are
consumed by non-native predators such as striped bass before
they reach the ocean. Others supporters claim that striped bass
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consume 10 to 15% of the native fish population. With regard to
this point, it should be noted DFG estimates 6% of juvenile
salmon are consumed by striped bass in the Delta, and NMFS in
granting the permit that allows pen rearing of striped bass
salvaged from the State Water Project estimated a 3% predation
rate.
Opposition Arguments : Opponents assert there is no scientific
justification to support claims that striped bass predation is
having a population level impact on Delta smelt or Chinook
salmon. Striped bass have co-existed with other fish species in
the Delta for 130 years, the decline in striped bass parallels
declines in other Delta fish species, and striped bass may even
benefit Delta smelt by preying on other predator species that in
turn prey on smelt. The opposition notes this bill would have a
significant economic impact on the sport fishing industry and on
the quality of life for millions of recreational anglers who
fish for striped bass, and hundreds of small businesses that
depend on viable recreational fishing in the Delta. Opponents
further assert this bill is an attempt to divert attention away
from the real causes of the declines in native fish and the
ecosystem collapse in the Delta, noting what the estuary really
needs if it is to recover are increases in fresh water flows, a
decrease in pollution, and extensive habitat restoration. The
Allied Fishing Groups, which includes 45 sport fishing groups
from throughout the state, rejects as false the premise that
striped bass have a significant impact on ESA listed species,
and asserts this bill circumvents the Fish and Game Commission,
distracts from the damage caused by poor management of Delta
water exports, and ignores the economic and social damage this
bill would cause. Opponents also argue this bill will not
facilitate more reliable water exports from the Delta, and will
divert attention away from significant environmental factors
that need to be addressed to provide reliable water and restore
the Delta. Drs. Moyle and Ostrach assert this bill is based on
a premise that is not supportable by existing scientific
information and theory. The committee also received letters
from hundreds of individual citizens, including many avid
striped bass and salmon fishermen and women from throughout the
state.
REGISTERED SUPPORT / OPPOSITION :
Support
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Metropolitan Water Dist. of So. Calif. (co-sponsor)
Modesto Irrigation District (co-sponsor)
Association of California Water Agencies
Belridge Water Storage District
Berrenda Mesa Water District
California Chamber of Commerce
California Municipal Utilities Association
Dudley Ridge Water District
Eastern Municipal Water District
Friant Water Authority
Kern County Water Agency
Northern California Water Association
Support - continued
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Santa Clara Valley Water District
Southern California Water Committee
Three Valleys Municipal Water District
Wheeler Ridge-Maricopa Water Storage Dist.
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Opposition
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Allied Fishing Groups
American Fishing Foundation
American Fly Fishing Company
Bass Classics of Santa Clara
Black Bass Action Committee
California Aquaculture Association
California Fisheries Restoration Foundation
California Fly Fishers Unlimited
California Sportfishing Protection Alliance
California Striped Bass Association
California Trout
Chico Flyfishers
Coastside Fishing Club
Crockett Striped Bass Club
Delta Fly Fishers
Diablo Valley Fly Fishermen
E.C. Powell Fly Fishers
Eddo's Harbor & RV Park
Fall Run Guide Service
Fishery Foundation of California
Fly Anglers Unlimited
Fly Fishers for Conservation
Fly Fishers of Davis
Flycasters, Inc.
Friends of Butte Creek
Fullspeed Fishing Club
Gold Country Fly Fisher
Golden Gate Angling and Casting Club
Golden West Women Flyfishers
Granite Bay Flycasters
Grizzly Peak Flyfishers
Marin Bass Club
Marin Rod & Gun Club
Mission Peak Fly Anglers
Monterey Peninsula Flycasters
NCC Federation of Fly Fishers
NORCAL Kayak Anglers
North Coast Fishermen's Association
Pacific Coast Federation of Fishermen's Assn.
Palo Alto Flyfishers
Pasadena Casting Club
Peninsula Fly Fishers
Recreational Fishing Alliance
Salmon Restoration Association
San Jose Flycasters
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Santa Cruz Fly Fishermen
Shasta Fly Fishers
Sierra Pacific Flyfishers
Stripers Forever
SWC Federation of Fly Fishers
Tracy Fly Fishers
Tri-Valley Fly Fishers
Trout Unlimited of California
United Anglers of California
United Pier & Shore Anglers of Calif.
USA Fishing
Wilderness Fly Fishers
Hundreds of letters from individual citizens and businesses
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Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096