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Solid opposition by a coalition of fishery, delta and conservation groups kill AB 1253, "The Striper Bill," as proposed: Bill amended to a study to see if there is a need for more studies!
by Jerry Neuburger
April 28, 2009 -- California State Capital -- A broad coalition of over 150 people representing fishing and delta groups led by the California Sportsfishing Protection Alliance (CSPA), the California Striped Bass Association (CSBA), Restore the Delta, Allied Fishing Groups, the Pacific Coast Federation of Fisherman's Associations (PCFFA), the Bay/Delta Committee of the Northern California Federation of Fly Fishers (NCCFFF), and the Bay Institute along with the grass roots groups, SaveDeltaFish.Org and SaveOurStripers.Org and numerous fishing clubs, delta guides and private fishermen crowded into the Assembly Water, Parks and Wildlife Committee hearing room at 8am, ready to oppose AB 1253, the bill introduced by Assemblywoman Fuller, designed to deregulate and wipe out west coast striped bass.
When the committee entered the room and the meeting was called to order before the packed house, the committee chair, Jared Huffman announced that there had been some last minute negotiations on Monday night which resulted in Fuller amending her bill, and in doing so, removing ALL of the previous language of the bill as introduced and replacing it with a two part bill, section a) calling for a review of the literature on non-native predation of native threatened and endangered species and whether "policy and operational changes are needed to reduce predation effects." The section also called for a, "review on fish salvage methods and other mitigation protocols at the state and federal pumping facilities and recommendations in methodologies..."
Section b) called for the review panels to report to the legislature and governor, "with recommendations whether additional studies are needed..."
The amendments took those present by surprise. However, the committee, under Huffman's direction, wished to press on and hear the amended version of the bill so they accepted testimony. The first to speak were the bill's advocates, two water districts and a biologist hired by the water districts to give credence to the allegations that striper predation has a significant effect on native delta species. The three speakers were finished in less than six minutes time and really had NO solid testimony regarding any impact at all by striped bass or other non-native species on the delta but instead spoke on the effects caused by "invasive" species on a world wide basis.
John Beuttler, CSPA Conservation Director, was the first to speak in opposition to the bill and spoke both against the bill as written and then spoke to the amended bill, stating that the studies recommended by the amended bill had already been done and that further studies were a waste of time. He recommended that, instead of studying predation that the committee recommend studies of the current situation in the delta including the large number of stressors that the fisheries now face.
Beuttler was followed by Professor David Ostrach, U.C. Davis, who spoke on behalf of science. He stated that all of the well researched studies to date demonstrate that striper predation is not a population affecting factor on threatened and endangered species in the delta. He cited numerous studies and California fisheries scientist's reports as examples showing that stripers are not the cause of the delta fishery decline. He also addressed the amended version of the bill, stating that the studies and review that the bill was calling for had already been done. David Ostrach's speech was so well delivered that the crowd packing the hearing room broke into applause as he finished, a brief violation of protocol that even the chair, Jared Huffman, accepted as a statement of the crowd's feelings even as he called for order.
Ostrach was followed by Barbara Barrigan-Parrilla, the Campaign Director for Restore the Delta. Barbara spoke to the large number of delta farmers, fishermen and businesses that would be harmed by passage of AB 1253. She also spoke to what many believe to be the real issues regarding the decline of the delta's fisheries, the excessive water diversions and pumping.
Next to speak was Dr. Tina Swanson, PhD, Executive Director of The Bay Institute . Dr. Swanson repeated the statements of Beuttler and Ostrach in that, in the numerous studies done by the Institute and the institute's review of other independent studies, no scientific basis demonstrated the need to remove the sport regulations for the striped bass or that striped bass have been shown to affect the population levels of threatened or endangered species in the delta.
The formal testimony over, the committee then addressed the amended bill. Huffman stated that, while he found the old bill divisive and and one that could drive a wedge between parties, he could support the bill in its amended form. Other members agreed with the exception of Mariko Yamada, (D) Rio Vista and Vacaville. Ms. Yamada stated that the bill as amended did not meet the minimum standards of what would be considered as legislation. She further agreed with David Ostrach, that the studies necessary had already been done. Therefore she could not give the bill a, "do pass" when asked to vote. The crowd in the room again broke into applause at her remarks, this time slightly more subdued.
Jared Huffman then called for testimony from the floor but limited those addressing the committee to their name, organization and whether they opposed or supported the bill.
Six water district people came into the room and quickly stated their names and districts and stated they favored the bill. They left as quickly as they entered, seeming almost ashamed to be testifying at all.
The mike was then turned over to those opposing the bill. Over fifty different organization members, guides, businesses and private fishermen came forward, some merely stating their name, organization and the fact that they opposed the bill while others, added a few comments, most directed at the idea that they believed the problems with the delta, especially excessive pumping, should be the focus of the study rather than non-native species predation.
Once the public testimony was over, Huffman called for a rollcall vote. All of the members present on the committee voted, "Do pass," with the exception of Mariko Yamada, who voted, "NO."
Hopefully, anglers in Ms. Yamada's district will remember that they have a staunch friend as their representative the next time her name is on a ballot.
The bill as amended can be read at: