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AB 1806, the fisheries rescue bill, backed by CSPA, on final journey to governor's desk

by Jerry Neuburger
August 31, 2008 – After a long and sometime frustrating history, AB 1806, the fishery rescue bill, is headed for the governor's desk. The bill, recently passed in a watered down and amended version by the state senate was sent to the assembly for concurance and passed August 30, 2009.

The bill's author, Lois Wolk, Chair of the Assembly Water, Parks and Wildlife Committee, introduced the bill as means of avoiding any further fish kills similar to the one that occurred on Prospect Island in November of 2007. In November of that year, the Department of the Interior repaired a hole in the Prospect Island levee and, in doing so, stranded thousands of fish. Confusion, lack of planning and lack of inter agency coordination mixed with worries of liability caused a massive fish kill before a brave group of volunteers stepped forward and rescued over 1800 fish.

Recognizing the collapse of the Central Valley salmon runs along with fears of the extinction of the delta smelt and decline in general of the delta's pelagic fishes, Wolk, with the assistance of John Beuttler of the California Sportfishing Protection Alliance (CSPA), added additional provisions to the bill that would have provided for mitigation for the damage done to the delta fisheries by the pumping process necessary to send water south through the Central Valley Project and the State Water Project.

Although the bill cleared all of the Assembly Committees, the vote on the Assembly floor, and two Senate committees, it finally fell to defeat on the floor of the senate in a close 18-21 vote. While CSPA had sponsored a letter drive calling for the bill's passage, a number of water agencies lobbied actively and more successfully for its defeat.

Seeing the bill's defeat in its then current form, Senator Torlakson, chair of the Senate's Natural Resources and Water Committee motioned that the bill be allowed to be submitted at a future date for a re-vote. His request was approved unanimously. Once back in committee, the bill was stripped of its mitigation provisions and returned to the Senate floor where it passed, 29-8. It was sent to the Assembly for concurrence and was passed 70-3 on August 30.

THOSE ASSEMBLY MEMBERS VOTING AGAINST THE BILL:

Anderson (R) 77th Dist, - Eastern San Diego County
Maze (R) 34th Dist. - Barstow, Bishop area
Villines (R) 29th Dist. - Fresno area

Those Assembly members either abstaining or not present:

Gaines (R) 4th Dist. - Placer and El Dorado counties
Galgiani (D) 17th Dist. - Stockton and South San Joaquin and Stanislaus counties
Jeffries (R) 56th Dist. - Riverside County
Sharon Runner (R) 36th Dist. - Adelanto, Lancaster, Palmdale, Victorville
Silva (R) 67th Dist. - Los Angeles and Orange counties
Soto (D) 61st Dist. - Ontario area of San Bernadino County
Tran (R) 68th Dist. - Los Angeles and Orange counties

The bill will go to the governor's desk on September 2nd. If not vetoed, it will become law at the end of 12 days regardless of whether the governor signs it since the California Constitution has no provisions for the pocket veto.