The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

This bill would require the department, by June 30, 2016, to develop a science-based approach plan that addresses predation by nonnative species upon species of fish listed pursuant to the act that reside all or a portion of their lives in the Sacramento-San Joaquin Delta and that considers predation reduction for all Chinook salmon and other native species not listed pursuant to the act.

The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

This bill would require the department, by June 30, 2016, to develop a science-based approach that addresses predation by nonnative species upon species of fish listed pursuant to the act that reside all or a portion of their lives in the Sacramento-San Joaquin Delta and that considers predation reduction for all Chinook salmon and other native species not listed pursuant to the act.

The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

This bill would require the department, by June 30, 2016, to develop a science-based approach that addresses predation by nonnative species upon species of fish listed pursuant to the act that reside all or a portion of their lives in the Sacramento-San Joaquin Delta. Delta and that considers predation reduction for all Chinook salmon and other native species not listed pursuant to the act.

The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated.

This bill would require the department, by June 30, 2016, to develop and initiate a science-based approach that addresses predation by nonnative species upon species of fish listed pursuant to the act that reside all or a portion of their lives in the Sacramento-San Joaquin Delta.

The Porter-Cologne Water Quality Control Act establishes a statewide program for the control of the quality of all the waters in the state and makes certain legislative findings and declarations.

This bill would make technical, nonsubstantive changes to the legislative findings and declarations.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1201 (Salas) - Fish and wildlife: Sacramento-San Joaquin Delta: predation by nonnative species.

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1201 would require the Department of Fish and Wildlife (DFW) to develop a plan by June 30, 2016 to reduce predation by nonnative fish species upon salmon, native species, and threatened and endangered species.

Fiscal Impact:

• One-time costs of at least $750,000 to the General Fund to develop the predation reduction plan.

• Unknown cost pressures, likely in the millions of dollars to the General Fund to implement the plan.

Background:

The California Endangered Species Act (CESA) aims to protect all species of plants and animals, and their habitat, which are threatened with extinction or are experiencing a significant decline which, if not halted, would lead to a threatened or endangered designation. DFW is responsible for the implementation of CESA.

The Sacramento-San Joaquin Delta is the largest estuarine system on the west coast. It serves as important and unique habitat for native wildlife, including Chinook salmon, steelhead, and numerous CESA listed species such as the Delta smelt. The Delta also serves as the “switching yard” for the state’s water distribution system.

The Delta is also the home of many introduced, non-native species, including striped bass, which prey upon salmon and other fish. Parties with interest in the Delta disagree on the extent that predation is responsible for the decline of CESA-listed species, such as the Delta smelt, relative to lack of instream flows and loss of habitat.

Proposed Law:

This bill would require DFW to develop a science-based plan by June 30, 2016 to address predation by nonnative species upon CESA-listed and unlisted species that live in the Sacramento-San Joaquin Delta, including a reduction of predation of all Chinook salmon. The plan may include prioritization and phasing of approaches that are the most practical and effective in addressing predation issues. The plan would be required to include DFW’s existing predation research.

In developing the plan, DFW would be required to actively solicit the input of the scientific community, including the Delta Independent Science board and all interested stakeholders.

DFW would only be able to implement the program if funding is made available.

Related Legislation:

AB 1253 (Fuller, 2009) would have removed the existing restrictions on the commercial possession or sale of striped bass, and on the taking of striped bass with nets. AB 1253 was later amended to deal with another subject.

AB 2336 (Fuller, 2010) would have required the Delta Stewardship Council, in the course of developing and implementing the Delta plan, to direct the Delta Independent Science Board to conduct an assessment of the other stressors on populations of native species in the Delta. AB 2336 was held in the Senate Natural Resources Committee.

Staff Comments:

To develop the predation reduction plan, DFW anticipates needing at least six new staff positions including three environmental scientists, one senior environmental scientist supervisor, one senior environmental scientist specialist, and an associate governmental program analyst at an annual cost of approximately $750,000. There is limited information on recommended actions that can be taken to reduce predation, thus these costs can be seen as a minimum because DFW may find it needs additional staff to identify and prioritize actions that can be taken to address predation issues as required by the bill. These costs would come from the General Fund.

DFW estimates that to implement the plan, would necessitate a total of 10 staff positions and approximately $5 million in one-time costs for boats, vehicles, contracts and equipment. Because this bill states that DFW would not be responsible for implementing this plan unless funding is made available, these costs would be cost pressures.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Fran Pavley, Chair

2015 - 2016 Regular

Bill No: AB 1201 Hearing Date: July 14, 2015

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 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 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.”

“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 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.

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

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

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

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1201

Author:(Salas)

As Amended Ver:June 2, 2015

Majority vote

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 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 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.

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

Date of Hearing: May 6, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 1201

Author:(Salas) – As Amended Ver:April 22, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Fish and Wildlife (DFW), by June 30, 2016, to develop and initiate a science-based approach to help address predation by nonnative species upon Delta species listed as threatened or endangered under the California Endangered Species Act (CESA).

FISCAL EFFECT:

1. Unknown significant increased costs for DFW to implement the science-based approach in the Delta likely in the millions of dollars (GF or special fund).

A study published in 2013, Effects of Fish Predation on Salmonids in the Sacramento River-San Joaquin Delta and Associated Ecosystem indicates costs for eradication efforts range from $1 million to tens of millions depending on the approach implemented.

2. Increased administrative costs to DFW to develop the approach in the $150,000 to $250,000 range (GF or special fund).

COMMENTS:

1. Purpose. According to the author, promoting the long-term ecological health of the Sacramento-San Joaquin Delta and its native species are critical to ensuring a reliable and sustainable water supply for all Californians. 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.

2. Background. The striped bass is a nonnative sportfish that predates on the Delta Smelt, a fish listed under CESA. Existing law prohibits striped bass from being transported or carried out of or into California except striped bass taken from the Colorado River by licenses sportfishers.

The Fish and Game Commission 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.

Delta Smelt are protected under CESA and take of this fish is limited to incidental take associated with a lawful activity and fully mitigated.

3. The Great Fish Debate. Past efforts to address nonnative species that predate on native species were primarily focused on striped bass. Water agencies, particularly in the San Joaquin Valley, contend striped bass are the primary cause of the decline of delta smelt and other pelagic (the water zone in which fish species live) species rather than the lack of instream flows in the Sacramento and San Joaquin Rivers.

Others, including environmentalist and fishers associations, disagree citing the lack of instream flows and a loss of habitat as primary stressors on those endangered fish species in the Delta.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081