SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No:
Author:
Version:
Urgency:
Consultant:
AB 1201
Salas
July 7, 2015 Amended
No
Katharine Moore
Hearing Date:
July 14, 2015
Fiscal:
Yes
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.
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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, subject to the available of funding, 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 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.”
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“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
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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
AB 1201 (Salas)
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
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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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