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Senate Passes AB 1806, Fish Rescue Plans Bill, With Mitigation Provisions Stripped

By Dan Bacher, editor of the FishSniffer
August 22, 2008 -- Sacramento -- The California Senate today passed an amended version of Assemblywoman Lois Wolk’s AB 1806, the Fish Rescue Plans Bill, by a vote of 29-8. The legislation, stripped of badly needed fish mitigation provisions, was reconsidered after the Senate voted down the original bill by a vote of to 21 to 18. 

The bill will now go back to the Assembly for concurrence in the amendments, probably on Monday or Friday of next week, according to Diane Colborn, Staff Director for the Water Parks and Wildlife Committee.

The original "Fish Rescue Plans" bill included provisions for the mitigation of the enormous damages caused to fisheries and the ecosystem by the operation of the state and federal export pumps on the California Delta. The Westlands Water District, Metropolitan Water District and other water contractors strongly opposed the mitigation provisions.  

"I introduced this measure with the aim of preventing another catastrophic fish kill like the one that took place on Prospect Island last year, to protect our state's declining fisheries, and the commercial and sport fishing industries those fisheries support,” said Wolk (D-Davis). “Today's vote takes us a step closer to that goal. Discussion on this issue, and the broader effort to save the Delta and its fisheries, continues to move forward. I hope that the fishing community will continue to actively participate in the conversation, and thank them for their support in this effort."

Wolk sponsored the bill at a time when Central Valley salmon populations are in a state of collapse and delta smelt, longfin smelt, threadfin shad and juvenile striped have declined to record low population levels, due to massive increases in water exports from the Sacramento-San Joaquin River Delta in recent years. 

The bill’s supporters were very disappointed that the mitigation provisions were removed from the bill, but were glad that fish rescue plans section of the legislation made it through the Senate.

“It addresses part of the problem – stopping a repeat of the horrendous fish kill that occurred at Prospect Island last year,” said Bill Jennings, executive director of the California Sportfishing Protection Alliance (http://www.calsport.org). “However, the amended bill does nothing to mitigate the impacts of the state and federal water projects, as well as proposals to modify the hydrology of the Delta, on chinook salmon, steelhead, delta smelt, striped bass and other fish.”

Jennings emphasized, “the fishing community should be indebted for Wolk’s efforts on behalf of California fisheries. Unfortunately, the fishing community was not able to overcome the scorched earth-style opposition of the Hydraulic Brotherhood to consider mitigation for the damage they have caused to Delta fisheries.”

Wolk introduced the bill in response to a massive fish kill on Prospect Island on the northern California Delta in November 2007, caused when the federal Bureau of Reclamation drained water from the area to conduct levee repairs. Thousands and thousands of striped bass, Sacramento blackfish, Sacramento splittail, largemouth bass, threadfin shad, bluegill and other species perished during the environmental fiasco.

AB 1806 requires the Department of Fish and Game to take steps to prepare and implement emergency fish rescue plans for projects in Delta fisheries. Additionally, Wolk said the bill helps cut through the bureaucratic red tape that stalled fishermen’s efforts to save fish after the Prospect Island incident. 

Hundreds of fishermen anxiously waited to aid in rescue efforts, but were forced to wait weeks until the state could resolve liability concerns, permit requests, and other bureaucratic delays. In answer to this problem, the bill mandates state to establish a network of volunteers to assist with implementation of fish rescue plans, and to expedite approval of any permits needed for fish rescue in the event of an emergency.   

“The death of tens of thousands of fish, including striped bass and other sportfish, could have been prevented with some basic planning. This bill is a strong first step towards preventing further losses to our state’s fisheries,” Wolk concluded.    

AB 1806 was supported by the California Sportfishing Protection Alliance, the Northern California Council of the Federation of Fly Fishers, the California Striped Bass Association, the Recreational Fishing Alliance, the Allied Fishing Groups, the American Sportfishing Association, the Pacific Coast Federation of Fishermen’s Associations and many regional fishing organizations. The Planning and Conservation League, the National Resources Defense Council and other environmental groups also backed the bill.

“The fishing community is disappointed that the badly needed mitigation provisions of the bill didn’t pass,” said Richard Pool, owner of Pro-Troll and coordinator of Water for Fish (www.water4fish.org). “However, we are pleased that AB 1806 will help coordinate and plan fish rescues in the future, so a tragic disaster like the Prospect Island fish kill won’t occur again.” 

Gary Adams, vice president of the State Board of the California Striped Bass Association, said he was surprised that the original bill with the mitigation provisions got as far it did through the Legislature. 

"We need to do everything we can in the future to pass a bill that will hold the water contractors and agencies accountable for the damages they've caused to our fisheries," said Adams. "The state and federal agencies are responsible for restoring Delta fisheries and the ecosystem. For too long, fishermen and others have been disenfranchised by the agencies that are supposed to uphold the public trust."

The vote passed through the Senate with bi-partisan support. All 9 of those who voted against AB 1806 were Republicans. Assemblymembers Aanestad, Margett, Ackerman, McClintock, Ashburn, Runner, Hollingsworth and Wyland voted against the bill. Three Assemblymen – Battin, Cedillo and Vincent – abstained.