BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: AB 1253 HEARING DATE: July 6, 2009
AUTHOR: Fuller URGENCY: No
VERSION: June 29, 2009 CONSULTANT: Marie Liu
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Sacramento-San Joaquin Delta.
BACKGROUND AND EXISTING LAW
The California Bay-Delta Authority Act created the CalFed
Authority, which encompasses multiple state and federal
agencies, for the purpose of water and resource management in
the Bay-Delta region. The act requires the CalFed Authority to
establish an independent board of scientific experts. The
Independent Science Board (board) is designed to be a standing
board of distinguished experts (scientists and engineers) with a
range of multi-disciplinary expertise. These experts are meant
to assist the CalFed Authority in establishing an independent
and objective view of the science issues that underlie their
policy decisions.
PROPOSED LAW
This bill would require the board to conduct a scientific review
of existing literature and studies to evaluate the relative
impact of predation on threatened or endangered species in the
Delta including native salmonids or other indigenous pelagic
species. The bill would also direct the board to make
recommendations, based on existing studies, on whether policy
and operational changes are needed in the Delta to reduce the
effects of predation. After the review is completed, the board
would be required to submit a report to the Legislature and
Governor that includes recommendations on any needed additional
studies as well as the design, scope, and estimated cost of
those studies. This bill allows the board to enter into funding
agreements to pay for the costs of its scientific review.
ARGUMENTS IN SUPPORT
According to the author, "By requiring further scientific review
and recommendations on fish predation, AB 1253 ensures that an
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important Delta ecosystem stressor will get its due attention in
the debate over the future of water supplies and the Delta
ecosystem. As the state deals with a severe water shortage that
will cost up to 85,000 jobs statewide and billions in economic
losses, it is crucial that all factors affecting the Delta be
addressed. Determining how significant the effects of predation
are on threatened and endangered species and how this can be
mitigated is an essential ingredient of the overall solution."
ARGUMENTS IN OPPOSITION
In opposition to a previous version of the bill, the Pacific
Coast Federation of Fishermen's Associations states, "[W]e note
that in the time since the early 1870's when Striped bass were
introduced to this state and for which there was a commercial
fishery until 1934, salmon and Striped bass have thrived
together in the Sacramento-San Joaquin Delta and San Francisco
Bay estuary. Predation may exist but it is certainly not the
limiting factor. The single largest cause of the decline of our
Central Valley salmon resource- the second largest salmon
producing system in the lower 48, second only to the
Columbia/Snake system- has been the loss of fresh water flow
inflow to the Delta and Bay disrupting the migratory pattern of
downstream migrating baby salmon and causing the ecological
collapse of the most important estuary on the west coast of
North and South America."
COMMENTS
A familiar question : Numerous studies have been conducted
regarding the effects of non-native predatory fish on threatened
and endangered fish species in the Delta. Predation of native
pelagic fish by non-native predators is widely acknowledged. In
fact, adult striped bass are often found near screened
diversions, feeding on the small fish that accumulate near the
screens. Striped bass are also known to prey on the fish that
are trucked back to the Delta after being salvaged from the
state's pumping facilities. However, the relative importance of
predation to the decline of native pelagic fishes in the Delta
compared to other stressors like water quality and supply, is
still fiercely debated. This bill attempts to answer the
question over the relative importance of predation.
Independent Science Board or the CalFed Science Program? The
Independent Science Board has not met recently, nor does this
board conduct scientific studies and reviews itself. Rather the
reviews required by this bill are more appropriately the duties
of the CalFed Science Board, or its successor (if discussions to
eliminate CalFed are successful). The committee may wish to
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amend the bill accordingly. [See amendment 1]
Clarification needed: This bill would require a review of
studies on fish salvage methods and other mitigation protocols.
The committee may wish to clarify that the board is reviewing
salvage methods and mitigations as they relate to predation.
[See amendment 2] Also, since it is the CalFed Science Board's
role to present the science to inform policy decisions rather
than make policy decisions, the bill should clarify that the
scientific review result in possible management actions rather
than policy changes. [See amendment 3] Lastly, the committee may
wish to clarify that the report to the Legislature and Governor
should include the findings of the scientific review, not just
recommendations for additional studies. [See amendment 4]
SUGGESTED AMENDMENTS
AMENDMENT 1
On page 2, line 1, delete "Independent Science Board" and
insert:
"CalFed Science Board
On page 2, line 17, delete "Independent Science Board" and
insert:
"CalFed Science Board
AMENDMENT 2
On page 2, delete lines 11-15 inclusively and insert:
The review shall include an evaluation of existing studies on
how fish salvage methods and other mitigation protocols at state
and federal pumping facilities affect predation on native
salmonids and indigenous pelagic species in the Delta at a
population level.
AMENDMENT 3
On page 2, on lines 9 and 10, delete "whether policy and
operational changes are needed in the Delta to" and insert:
determine possible management actions that could
AMENDMENT 4
On page 2, insert after 21:
(3) Whether predator species are adversely affecting indigenous
pelagic species at a population level.
(4) Possible management actions that can mitigate or reduce the
predation effects, if found to be significant on a population
level, and the projected costs of those changes.
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SUPPORT
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
East Bay Municipal Utility District
Eastern Municipal Water District
Friant Water Authority
Kern County Water Agency
Lake Hemet Municipal Water District
Metropolitan Water District of Southern California
Northern California Water Association
Regional Chamber of Commerce of San Gabriel Valley
Santa Clara Valley Water District
Southern California Water Committee
Three Valleys Municipal Water District
Turlock Irrigation District
West Kern Water District
Western Municipal Water District
Zone 7 Water Agency
OPPOSITION
Delta Protection Commission - Concern
Pacific Coast Federation of Fishermen's Associations (to
previous version)
Water 4 Fish (to previous version)
West Marine (to previous version)
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