Bill Text: CA SB301 | 2009-2010 | Regular Session | Amended
Bill Title: Salmon fisheries.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB301 Detail]
Download: California-2009-SB301-Amended.html
BILL NUMBER: SB 301 AMENDED
BILL TEXT
AMENDED IN SENATE DECEMBER 17, 2009
INTRODUCED BY Senator Florez
FEBRUARY 25, 2009
An act to add Division 26.7 (commencing with Section
79700) to the Water Code, relating to financing a water supply
reliability and ecosystem recovery and restoration program, by
providing the funds necessary therefor through an election for the
issuance and sale of bonds of the State of California and for the
handling and disposition of those funds, and declaring the urgency
thereof, to take effect immediately. An act relating
to fisheries.
LEGISLATIVE COUNSEL'S DIGEST
SB 301, as amended, Florez. Water Supply Reliability and
Ecosystem Recovery and Restoration Act of 2009. Salmon
fisheries.
Existing law requires the Fish and Game Commission to establish
fish hatcheries for the purposes of stocking the waters of California
with fish, and requires the Department of Fish and Game to maintain
and operate those hatcheries.
Existing law requires the Department of Fish and Game to prepare
and maintain a detailed and comprehensive program for the protection
and increase of salmon, steelhead trout, and anadromous fisheries.
This bill would require the department to conduct a prescribed
5-year study to assess interactions between wild and naturally
spawned salmon, as defined, and to develop hatchery and stream
management practices to ensure the viability of fish populations and
to sustainably support fisheries. The department would be required,
on or before January 1, 2015, to prepare and submit to the
Legislature a report on the study. The bill would require the
department to establish a study team of not fewer than 12 members,
with membership as prescribed.
Under existing law, various measures have been approved by the
voters to provide funds for water protection, facilities, and
programs.
This bill would enact the Water Supply Reliability and Ecosystem
Recovery and Restoration Act of 2009, which, if approved by the
voters, would authorize, for the purposes of financing specified
water supply reliability and ecosystem recovery and restoration
programs, the issuance of bonds in the amount of $15,000,000,000
pursuant to the State General Obligation Bond Law. The bill would
provide for submission of the bond act to the voters at the next
statewide election.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) It is the intent of the Legislature
to require the management of state hatcheries and state rivers and
streams to achieve both of the following coequal objectives:
(1) Protect established wild and naturally spawned runs of
fall-run chinook salmon.
(2) Provide sufficient abundance of fall-run chinook to support
sustainable commercial salmon fisheries in the ocean and tribal and
recreational salmon fisheries in the ocean and rivers.
(b) It is the further intent of the Legislature that the coequal
objectives of protection and abundance be achieved for all streams
and rivers that have historically sustained salmon runs, including,
but not limited to, fall-run chinook, late fall-run chinook,
winter-run chinook, spring-run chinook, and various coho salmon runs,
and for all state-operated salmon hatcheries.
(c) It is the further intent of the Legislature that funding for
the responsibilities imposed by this act on the Department of Fish
and Game be provided from existing Bay-Delta Sport Fishing
Enhancement Stamp Fund revenues or revenue derived from volumetric
usage fees imposed on central valley and Delta water contractors.
SEC. 2. (a) As used in this section the following
terms have the following meanings:
(1) "Hatchery fish" means any fish spawned in a hatchery from
brood stock originating in a hatchery.
(2) "Naturally spawned fish" or "wild fish" means any fish not
spawned in a hatchery, without regard to the origin of the parent
brood stock, or a fish spawned in a hatchery from known wild brood
stock. "Wild" and "naturally spawning" are synonymous.
(b) The Department of Fish and Game shall conduct a five-year
study, commencing January 1, 2010, to do all of the following:
(1) Assess the extent of genetic, behavioral, and recruitment
distinctions between hatchery fall-run chinook salmon and naturally
spawned fall-run chinook salmon.
(2) Determine the degree of breeding interaction between hatchery
fall-run chinook salmon and naturally spawned fall-run chinook
salmon.
(3) Assess the impact of breeding interaction on the overall
abundance and stability of the fall-run chinook salmon.
(4) To the extent necessary to protect established and discrete
populations of naturally spawned fall-run chinook salmon, develop
hatchery and stream management practices that will ensure the
viability of these populations while also providing sufficient
quantities of fall-run chinook salmon to sustainably support
commercial, tribal, and recreational fisheries.
(5) The study shall, at a minimum, do all of the following:
(A) Identify the historical genetic diversity in the areas now
supporting natural spawning as well as the current genetic diversity.
(B) Evaluate the degree to which genetic diversity may be
established by limiting interactions between hatchery fish and wild
fish, including a timeline for establishment.
(C) Quantify the reasonably anticipated benefits, both in
abundance and population stability, arising from limiting
interactions between hatchery fish and wild fish.
(D) Establish the percentage of hatchery fish that spawn in each
area where naturally spawned fish also spawn.
(E) Establish specific criteria to quantitatively measure the
effects of interactions between hatchery fish and wild fish, and
establish thresholds of allowable interactions to keep these effects
within acceptable limits, in order to sustain or rebuild and
strengthen natural runs of salmon, and establish measures to limit
the extent of the interactions between hatchery fish and wild fish
below those thresholds.
(F) Establish the extent to which naturally spawned fish are
available for breeding within the hatchery system.
(G) Establish measures to selectively or preferentially breed, in
the hatcheries, wild salmon with hatchery salmon to increase the
genetic diversity and viability of hatchery stocks.
(H) Evaluate hatchery rearing and feeding operations and release
practices to enhance the survival probabilities of hatchery fish.
(I) Evaluate hatchery rearing operations and release practices to
minimize competition with naturally spawned fish.
(J) Identify historic river and stream natural spawning areas.
(K) Establish specific actions to maintain or enhance the areas
identified in subparagraph (J) to provide sufficient water and
habitat to support sustainable runs of wild fish.
(L) Identify the quantity of hatchery stocks that need to be
sustained in order to provide for a commercially viable recreational
ocean salmon fishery, for tribal fisheries, and for a sustainable
recreational river salmon fishery.
(M) Establish hatchery capacities, quotas, operations, and
practices to ensure the fisheries identified in subparagraph (L) are
available on a sustainable basis each year.
(N) Establish the return and stray rates associated with remote
coastal imprint, or grow-out pens, as a function of various imprint
times, smolt maturity, and pen locations. Develop methods to reduce
straying, or preclude stray interactions.
(O) Address other topics the Department of Fish and Game deems
necessary to achieve the objectives of this act.
(P) Establish the funding requirements and identify funding
sources to implement the recommendations of the study on an ongoing
basis.
(c) On or before January 1, 2015, the Department of Fish and Game
shall prepare and submit to the Legislature a report with findings
and descriptions of the actions implemented by the department to
comply with subdivision (b) and to achieve the coequal objectives
described in Section 1 of this act. The Department of Fish and Game
shall provide annual progress reports to the ____ committee.
(d) The Department of Fish and Game shall establish a study team
of not fewer than 12 scientists, hatchery specialists, and
stakeholders with appropriate expertise to facilitate scientifically
derived and supported conclusions, in accordance with the following:
(1) No more than three team members shall be employees of the
Department of Fish and Game.
(2) At least one team member shall represent commercial fishing.
(3) At least one team member shall represent recreational fishing.
(4) At least one team member shall represent tribal fisheries.
(5) At least one team member shall represent the National Marine
Fishery Service.
(6) At least one team member shall represent the United States
Fish and Wildlife Service.
(e) The Department of Fish and Game shall select the study team
members not selected in accordance with paragraphs (1) to (6),
inclusive, of subdivision (d) from academic or research scientists
with expertise in Pacific salmon biology, hatchery practices, or
river and estuarine habitats, with at least two members from outside
the state. All matter omitted in this version of the bill
appears in the bill as introduced in the Senate, February 25, 2009.
(JR11)
