Dan Bacher's take on the AB 1253 hearing

Massive Opposition Results in Gutting of Bill Attacking Bay-Delta Fisheries

by Dan Bacher, editor of the Fish Sniffer

April 28, 2009 -- A gutted version of AB 1253, a dangerous bill sponsored by corporate agribusiness that would have removed Fish and Game protections for imperiled striped bass, passed through the Water, Parks & Recreation Committee of the California State Assembly today. The only no vote was by Assembly Woman Mariko Yamada (D-Vacaville).
 
The original bill, introduced by Assembly Member Jean Fuller (R-Bakersfield), removed existing restrictions on the commercial sale of striped bass and on the taking of striped bass with nets. It prohibited the possession, transport or planting of striped bass and prohibited funds from being used to benefit a striped bass fishery.
 
All of these highly controversial provisions were stricken from the amended version of the bill. Instead, the amended bill will mandate a review of the literature on the impact of predation, by both non-native and native species, upon Central Valley Chinook salmon and delta smelt in the Bay-Delta Estuary. The CalFed Independent Science Panel will report back to the Committee on its findings and recommendations on whether additional studies are needed. The last minute amendments were just released this morning.
 
"We have to take this as a victory," said Robert Johnson of SaveDeltaFish. "I hope that the amendment will be sunseted - there is plenty of science already available about the impact of introduced species. The impact of water exports is a much larger factor in the decline of Chinook salmon and smelt than introduced species are."
 
All of the fishing groups that showed up at the meeting opposed both the original bill and the amended bill, but Fuller's gutting of the bill and replacement with the amended version amounts to a huge victory by all of the anglers that have written letters against Fuller's bill over the past few weeks.
 
The room was completely packed with anglers from the California Sportfishing Protection Alliance (CSPA), California Striped Bass Association (CSBA), Coastside Fishing Club, Federation of Fly Fishers, Golden Gate Fisherman's Association, Recreational Fishing Alliance, Restore the Delta, Pacific Coast Federation of Fishermen's Associations and numerous other organizations.
 
Fuller explained her rationale for the amendments. "The new language seeks to put attention on the role of predators in salmon and smelt declines," she said. "More clarity needs to be brought upon the issue. I hope that the CalFed independent science panel will address the issue of predation."
 
The opponents to the bill included two prominent scientists, Tina Swanson, fishery biologist and executive director of the Bay Delta Institute, and David Ostrach, a UCD researcher and expert on predator-prey relationships in the Delta, who provided data from peer reviewed studies that concluded that striped bass have only a minimal impact upon delta smelt and salmon. The only exception, Swanson noted, was in the case of artificial structures where salmon and smelt become trapped and are subject to predation.
 
"There is absolutely no credible evidence that the striped bass is responsible for the decline of salmon, smelt or any listed species," said Ostrach. "The major impacts upon listed species are the Delta pumps, the lack of timed river flows, toxic chemicals, invasive clams and other invasive species, habitat deterioration and climate change, not predation by striped bass. In fact, if the striped bass population was healthy, it would be an indication of a healthy ecosystem."
 
Although Ostrach said he had no objection to a CalFed review of the science regarding predation upon ESA-listed species, he said he believed it was "a complete waste of time."
 
Assemblyman Jared Huffman commented that "a review of the science might be good, since it would also study the screening of the pumps and other intakes."
 
However, Ostrach emphasized that "if a review must be done, all predators, both native and non-native, should be looked at." The amended bill only looked at non-native predators, but was amended by Fuller to include both non-native and native predators. Ostrach is a member of the POD team that is doing studies on the decline of delta smelt, longfin smelt, juvenile striped bass, threadfin shad and zooplankton on the Delta.
 
Also testifying in opposition to the "Striped Bass Eradication Bill" were John Beuttler, conservation director of CSPA, and Barbara Barrigan-Parrilla, campaign director of Restore the Delta.
 
Beuttler said the problem with the amended bill is that it doesn't address the big factors behind the decline of salmon and smelt, including the operation of the Delta pumps.
 
"The state and federal water projects killed 20,800,000 salmon over a 20 year period from 1986 to 2006 in their pumping facilities," he stated. "That's 1,040,000 salmon per year. We need to focus on the big picture impacts if we want to have viable salmon popualtions for future generations."
 
Beuttler recommended "immediate priority programs" to restore the spawning, rearing and fishery migration habitat while we still have enough fish to make restoration possible in our lifetime. "The estuary needs large increases in Delta outflow to help restore its natural flow regime, a significant decrease in pollution and a massive injection of in-Delta habitat restoration if it is to recover from the crisis it is currently experiencing," said Beuttler.
 
Over 80 people briefly testified against the bill in the public comment period after the bill opponents' witness panel finished, while only a half dozen of water agency lawyers and lobbyists spoke in support of the bill.
 
After the hearing, Robert Johnson, Dan Blanton, author and prominent fly fisherman, and Bobby Barrack, professional bass angler, briefly addressed the crowd in an impromptu rally on the west steps of the State Capitol.
 
In contrast with the "fish versus jobs" rhetoric of corporate agribusiness during the recent "March for Water" in the San Joaquin Valley, AB 1253 opponents emphasized the need to manage the state's water supplies for both healthy fisheries and farms, since both provide badly-needed jobs.
 
"Fishermen are in solidarity with farm workers," said Doug Lovell of the Federation of Fly Fishers. "We both need reliable, sustainable water supplies for farms, fish, food, families and fun. None of us need the boom and bust of poor water management."
 
"Solving the economic challenges of farm worker communities in the Central Valley and the Delta must be done in a compassionate and moral way so as to recognize the dignity of the work that farm workers perform in the present, while providing them with new opportunities to become productive members of a diverse middle class California economy," said Barbara Barrigan-Parrilla. "In addition, numerous workers in the fishing and recreation industries are workers of color who must also be protected by environmental justice." advocacy."
 
For more information, go to: http://www.calsport.org, http://www.saveourstripers.org/ or http://savedeltafish.wordpress.com.