BILL ANALYSIS Ó
AB 528
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Date of Hearing: April 5, 2011
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 528 (Chesbro) - As Introduced: February 15, 2011
SUBJECT : Fish and Game: Steelhead Trout
SUMMARY : Extends the sunset date and operation of the
Steelhead Trout Fishing Report-Restoration Card until July 1,
2017 and makes an appropriation. Specifically, this bill :
1)Extends the operation of the Steelhead Trout Fishing
Report-Restoration Card program to July 1, 2017. The program
will otherwise sunset on January 1, 2013.
2)Appropriates $500,000 from steelhead trout fishing
report-restoration card revenues in the Fish and Game
Preservation Fund (FGPF) to the Department of Fish and Game
(DFG) for purposes of monitoring, restoring, and enhancing
steelhead trout resources. Provides that this appropriation
shall be available for expenditure by DFG until December 31,
2014.
3)Requires DFG to report to the Legislature by July 1, 2016
regarding the Steelhead Trout Fishing Report-Restoration Card
Program's projects. Requires the report to be submitted in
compliance with Section 9795 of the Government Code, which
requires that reports to the Legislature be submitted to the
Legislative Counsel and the Secretary of the Senate, with an
electronic copy to the Chief Clerk of the Assembly, and sets
out other parameters for such reports.
EXISTING LAW :
1)Requires any person taking steelhead trout in inland waters to
have in their possession a valid nontransferable steelhead
trout fishing report-restoration card issued by DFG. Requires
the cardholder to record certain fishing information on the
card, and to return the card to DFG.
2)Establishes the base fee for a steelhead card at $5 in 2004,
adjusted for inflation in later years. The current fee for
2011 is $6.48.
AB 528
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3)Requires fees from sale of steelhead cards to be deposited in
the FGPF and available upon appropriation by the Legislature
to monitor, restore, or enhance steelhead trout resources and
to administer the steelhead card program. Requires DFG to
submit all proposed expenditures to the Advisory Committee on
Salmon and Steelhead Trout for review and comment prior to
submitting a request for appropriation of the funds in the
annual Budget Bill.
4)Requires DFG to report to the Legislature by July 1, 2007 on
the steelhead card program and any projects undertaken with
the fee revenues.
5)Contains a sunset clause providing that the Steelhead Trout
Fishing Report-Restoration Card program shall become
inoperative on July 1, 2012, and as of January 1, 2013 is
repealed unless a later enacted statute that is enacted before
January 1, 2013 deletes or extends those dates.
FISCAL EFFECT : Contains a $500,000 appropriation from the
FGPF, a special fund, from fee revenues obtained from sale of
Steelhead Trout Fishing Report-Restoration cards.
COMMENTS : The author notes that continuation of this program
is important because the Steelhead Card is the only state-wide
program designed to gather data on steelhead fishing, and the
majority of California's steelhead populations are listed under
the federal Endangered Species Act (ESA). For this reason,
angling information is critical not only to ensure that angling
does not cause further impacts to steelhead populations, but
also to demonstrate that impacts due to angling are minimal.
This information is necessary in order to allow angling to
continue under provisions of the ESA. Failure to collect this
data could result in closure of steelhead fisheries across the
state. DFG's goal is to improve steelhead habitat and
populations, and enhance steelhead fishing opportunities and
success. This requires accurate and complete data from
steelhead anglers. Revenue from sale of the cards also provides
a source of funds which can be used for monitoring, restoring or
enhancing steelhead trout resources. Without this bill, the
Steelhead Trout Fishing Report-Restoration Card program will
sunset next year.
The Appropriation in this bill is from special fund revenues
from the sale of the steelhead cards. These funds cannot be
AB 528
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used for any other purpose under the law. Whether the fund
balance in the account is sufficient to cover a $500,000
appropriation at this time is unclear and is an issue that may
need to be clarified in the Assembly Appropriations Committee.
Suggested Technical Amendment : On page 3, line 15, strike
"expenditure" and insert "encumbrance."
REGISTERED SUPPORT / OPPOSITION :
Support
California Advisory Committee on Salmon and Steelhead Trout
California Trout
Trout Unlimited
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096