AB 1806, Lois Wolk's bill to protect Delta fisheries, wins fiscal approval

by Dan Bacher

May 23, 2008. Long-needed legislation by Assemblywoman Lois Wolk (D-Davis) to protect the California Delta’s rapidly declining fisheries won the approval of the State Assembly’s Appropriations Committee on Thursday, May 22. The bill will be heard next week on the Assembly Floor, according to Melissa Jones, Wolk's spokesperson.

The Committee vote was 12-5 for Wolk's AB 1806, a bill that requires public land managers to prepare emergency fish rescue plans before undertaking a project that would have a significant adverse impact on fishery resources in the Sacramento-San Joaquin River Delta.

The vote passed through Committee on a party line vote, with Committee Democrats voting for the bill and the Republicans voting against it. Assembly Members Mark Leno, Anna Caballero, Mike Davis, Mark DeSaulnier, Mike Eng, Jared Huffman, Patty Berg, Paul Krekorian, Ted Lieu, Fiona Ma, Pedro Nava and Jose Solorio voted "Yes," while Mimi Walters, Bill Emmerson, Doug La Malfa, Alan Nakanishi and Sharon Runner voted "No" for the bill.

Wolk introduced the bill in response to a devastating fish kill on Prospect Island that took place last fall after the Bureau of Reclamation drained water from the area for levee repairs, leaving thousands of striped bass and other fish to die while fishermen volunteers struggled to rescue fish. A volunteer crew of anglers rescued 1831 striped bass and tens of thousands of smaller fish including Sacramento blackfish, Sacramento splittail, black bass, bluegill, crappie and other species.

Department of Fish and Game officials said last fall that they would do a "criminal investigation" of the huge fish kill, but the DFG has to date been silent on the progress of the investigation.

“The Prospect Island fish kill devastated the sportfishing community, which plays a sizeable role in the local and state economy,” said Wolk. “My bill holds the state to its public trust responsibilities by requiring plans be in place to prevent unnecessary destruction of fish.”

The bill also requires the board to review the Prospect Island incident and determine how to mitigate the resulting loss of life.

AB 1806 also highlights the need to address the fishery crisis in the Delta, a crisis further highlighted by the complete closure of the 2008 salmon fishing season in California by state and federal regulators.

“The recent closure of the 2008 salmon fishing season in California was a major loss for this state’s economy, as well as for anglers and consumers,” Wolk said. “It was also yet another reminder that Delta fisheries are in crisis, and that we cannot afford to continue with business as usual. This bill takes us in the right direction.”

AB 1806 is supported by sport and commercial fishing groups from around the state including the California Sportfishing Protection Alliance, Water for Fish, the California Striped Bass Association, the Pacific Coast Federation of Fishermen's Associations, the Recreational Fishing Alliance and Allied Fishing Groups, which includes 37 sport and commercial fishing organizations.

"AB 1806's requirement of mitigation for fish losses at the federal and state pumps is a very important step towards full recovery of Central Valley salmon and steelhead and other California Delta fish species," said Dick Pool, coordinator of Water 4 Fish (http://www.water4fish.org). "We strongly support the concept of mitigation contained in AB 1806."

"We're glad the Wolk bill is moving through the legislature and we need to make sure that it emerges sufficiently strong to do some good for our imperiled fisheries," said Zeke Grader, executive director of the Pacific Coast Federation of Fishermen's Associations (PCFFA).

Unfortunately, the Committee the same day put another Wolk bill that would have created a "Delta Ecological and Recreation Area" in the suspense file. The Committee ruled that AB 2502 had "substantial costs in millions of dollars for future fiscal years." The landmark bill was apparently a victim of the state budget crisis.