BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1253
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          ASSEMBLY THIRD READING
          AB 1253 (Fuller and Gilmore)
          As Amended  June 1, 2009
          Majority vote 

           WATER, PARKS & WILDLIFE      8-1APPROPRIATIONS      16-0        
           
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          |Ayes:|Huffman, Fuller,          |Ayes:|De Leon, Nielsen,         |
          |     |Anderson, Arambula,       |     |Ammiano,                  |
          |     |Caballero, Fletcher,      |     |Charles Calderon, Davis,  |
          |     |Bonnie Lowenthal, Salas   |     |Duvall, Fuentes, Hall,    |
          |     |                          |     |Harkey, Miller, Price,    |
          |     |                          |     |Skinner, Solorio, Audra   |
          |     |                          |     |Strickland, Torlakson,    |
          |     |                          |     |Krekorian                 |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Yamada                    |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires the Independent Science Board (ISB) to  
          conduct an independent scientific review of existing literature  
          and studies on fish predation in the Sacramento-San Joaquin  
          Delta and to make recommendations.  Specifically,  this bill  :

          1)Requires the ISB to conduct an independent scientific review  
            of existing literature and studies on fish predation in the  
            Delta, for the purpose of evaluating whether additional  
            studies are needed on the effects of predation on threatened  
            or endangered species, and to determine whether predator  
            species are adversely affecting, at a population level, native  
            salmonids and other pelagic species in the Delta, and, if so,  
            whether policy and operational changes are needed to reduce  
            the effects of predation.

          2)Requires the review to also include a review of existing  
            studies on fish salvage methods and other mitigation protocols  
            at state and federal pumping facilities and recommendations  
            for changes in methodologies to improve survival.

          3)Requires the ISB after completing the review to report to the  
            Legislature and Governor with recommendations on whether  
            additional studies are needed, and if so what the recommended  
            design, scope and estimated costs for the studies would be.








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          4)Authorizes the ISB to enter into funding agreements with  
            public agencies and nongovernmental organizations to pay for  
            the cost of the independent scientific review. 

           EXISTING LAW  :  Establishes the Independent Science Board as part  
          of the CALFED Bay-Delta Program.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, one-time costs of at least $50,000 to the CALFED  
          Bay-Delta Program ISB to complete the study, possibly paid from  
          non-state funds (General Fund or special funds).

           COMMENTS  :  The Sacramento-San Joaquin Delta, the source of much  
          of California's water supply and the largest estuary on the west  
          coast, is in crisis.  Declines in the populations of fish  
          species, including threatened and endangered species such as  
          Delta Smelt, longfin smelt and Chinook salmon, have led to  
          reductions in water exports and the closure of the commercial  
          salmon season.   In late 2004 a precipitous decline in several  
          pelagic (open-water) fish species in the Delta, including Delta  
          smelt, longfin smelt, juvenile striped bass, and threadfin shad,  
          generated significant concern within the scientific community.   
          The decline has become known as the Pelagic Organism Decline  
          (POD).   In 2005 the Interagency Ecological Program, a  
          consortium of nine state and federal agencies, formed a  
          multi-agency POD Management Team, tasked with managing  
          comprehensive studies to evaluate the causes of the decline.    
          The POD studies have been examining a variety of multiple  
          factors, including, for example, habitat loss and water quality  
          deterioration, entrainment, reduced flows and other hydrodynamic  
          effects related to water diversions, toxic algae blooms,  
          predation, reductions in food supply and quality, and effects of  
          invasive species such as clams, plants and zooplankton. 

          Much of the focus of recent policy debates and judicial actions  
          has been on the impacts of the large pumps operated by the state  
          and federal water projects which export water from the Delta to  
          urban and agricultural water users in other parts of central and  
          southern California.  The sponsors of this bill, which include  
          the Metropolitan Water District of Southern California and the  
          Modesto Irrigation District, believe that other stressors are  
          also contributing to declines in populations of native fish  
          species, but have not been receiving the focus or attention they  








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          deserve.  One of those stressors is predation by other species  
          on native fish.  In particular, the sponsors of this bill are  
          concerned with the impact of predation by striped bass, a  
          nonnative sport fish that was introduced into the Delta in the  
          mid-1800s.  While striped bass are known to prey on other fish  
          species, whether they are having a population level impact on  
          species listed as threatened or endangered under state or  
          federal endangered species acts is less clear.  In addition to  
          striped bass, other predator species, both native and nonnative,  
          are also known to prey on smelt, salmon and other native  
          species.  This bill calls upon the ISB to conduct a review of  
          existing literature and studies, in order to evaluate whether  
          additional studies are needed on the effects of predation and to  
          determine whether predator species are having a population level  
          impact on native species.  This bill also requires the board to  
          make recommendations to the Legislature and Governor as to  
          whether additional studies are needed and, if so, what the scope  
          and estimated costs of those studies should be.       


           Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916)  
          319-2096


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