BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2402|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 2402
Author: Huffman (D)
Amended: 8/24/12 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 5-3, 6/26/12
AYES: Pavley, Evans, Kehoe, Simitian, Wolk
NOES: La Malfa, Cannella, Fuller
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/16/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
ASSEMBLY FLOOR : 50-27, 5/30/12 - See last page for vote
SUBJECT : Department of Fish and Game: Fish and Game
Commission
SOURCE : Author
DIGEST : This bill makes a number of changes to the
operations of the Department of Fish and Game (DFG) and the
Fish and Game Commission (FGC).
Senate Floor Amendments of 8/24/12 delete an entire series
of provisions that would have had the DFG rather than the
FGC implement and administer various aspects of the state
endangered species act. The amendments also make one minor
technical change. The amendments are designed to remove
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opposition from a coalition that opposed these provisions.
ANALYSIS : Existing law establishes DFG and FGC and sets
forth the powers and duties of DFG and FGC.
This bill:
1. Makes specified statements of policy relating to the
use of ecosystem-based management, adaptive management,
and credible science, as defined.
2. Requires DFG and FGC seek to create, foster, and
actively participate in effective partnerships and
collaborations with other agencies and stakeholders to
achieve shared goals and to better integrate fish and
wildlife resource conservation and management with the
natural resource management responsibilities of other
agencies. DFG and FGC are encouraged to participate in
interagency coordination processes that facilitate
consistency and efficiency in review of projects
requiring multiple permits, including, but not
necessarily limited to, joint state, federal, and local
permit review teams that enable early consultation with
project applicants, and provide improved sharing of
data, information, tools, and science to achieve better
alignment of planning, policies, and regulations across
agencies.
3. States the intent of the Legislature, to extend the
conservation benefits derived from investments made as
part of compensatory mitigation to public lands, and
that the department work with the Bureau of Land
Management and interested stakeholders to develop a
viable solution that will ensure durable mitigation and
protection of mitigation lands on federal lands in
perpetuity.
4. Renames DFG as the Department of Fish and Wildlife, and
makes related changes. This bill prohibits existing
supplies, forms, insignias, signs, logos, uniforms, or
emblems from being destroyed or changed as a result of
changing the name of DFG, and requires their continued
use until exhausted or unserviceable.
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5. Authorizes DFG to enter into agreements to accept
funds, services, or to assist DFG in its efforts to
secure long-term private funding sources for purposes
relating to conservation programs, projects, and
activities by DFG, as specified.
6. Requires DFG to, on or before January 1, 2016, prepare
and submit to the relevant policy and fiscal committees
of the Legislature a feasibility study report on an
electronic system to manage citations issued by fish and
game wardens, exchange information on citations with the
courts, and transfer data on court dispositions to the
Automated License Data System. The requirement for
submitting a report shall become inoperative January 1,
2017.
7. Provides that moneys collected or received from gifts
or bequests, or from municipal or county appropriations,
or donations for purposes relating to conservation
programs, projects, and activities by DFG are to be
deposited in the State Treasury to the credit of the
Fish and Game Preservation Fund and used for prescribed
purposes.
8. Requires the Augmented Deer Tags Account, Bighorn Sheep
Permit Account, and Wild Pig Account within the fund to
be consolidated and any remaining funds in these
accounts transferred to the Big Game Management Account.
This bill requires DFG, after consultation with the
Department of Finance and the Legislative Analyst's
Office, to provide recommendations to the Legislature
for consolidation of additional dedicated accounts
within the fund if, in the determination of DFG,
consolidation would serve to reduce administrative costs
to DFG and enhance its ability to meet current needs,
while still preserving the stated purposes of the
dedicated accounts.
Background
The DFG is responsible for managing the state's fish and
wildlife resources. DFG licenses hunters and anglers,
enforces hunting and fishing regulations, and manages
wildlife refuges. DFG also has enforcement authority over
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other environmental protection laws, such as the California
Endangered Species Act (CESA).
In addition, FGC has responsibilities for adopting hunting
and fishing regulations and determining whether species
should be listed as threatened or endangered under the
CESA.
According to the author's office, this bill enacts
recommendations resulting from a broad-based strategic
visioning process for reforms of the DFG and the FGC in
order to enhance the effectiveness of these agencies in
protecting and managing fish and wildlife and their
habitats for the benefit and use of the people of the
state.
The author's office points out that these two agencies,
both about 140 years old, have taken on increasingly
important roles in management and conservation of wildlife
and their habitats. Initially, the DFG and the FGC were
primarily responsible for administering hunting and fishing
programs. These functions remain important today, but
other functions, such as non-game wildlife protection, and
maintaining the health of entire ecosystems have all become
central and important responsibilities for both agencies.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, many of
the bill's provisions will have a fiscal impact, as
described below. Unless otherwise specified, the costs
would be paid from the Fish and Game Preservation Fund.
Renaming it the "Department of Fish and Wildlife" - DFG
is likely to incur costs to update information technology
systems to accommodate the change. The costs will likely
range from $150,000 to $300,000. While this bill directs
DFG not to change or destroy existing supplies,
information technology systems (such as Department Web
sites and email systems) will likely have to be upgraded
all at once, rather than over time as system maintenance
occurs.
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Establishing an independent science panel - DFG will
likely incur costs to provide staff support and pay
administrative costs. Those costs are likely to be
between $100,000 and $200,000 per year.
Adjusting licensing fees - DFG will incur costs of about
$100,000 per year to adjust fees and update regulations.
Potential fee increases in revenues are unknown, and will
depend upon DFG's actual costs to issue licenses. There
is general consensus that DFG's programs to support
wildlife and enforce the law are underfunded. However,
any fee increases that would occur under this bill will
only be available to offset DFG's costs to issue licenses
and would not be available to more broadly support DFG's
mission.
Development of a Strategic Plan - one-time staff costs up
to $200,000.
Partnering with nonprofit organizations - the bill
authorizes DFG to partner with nonprofit organizations to
raise revenues for Department activities. The extent to
which this will increase revenues is unknown.
Creation of an environmental crimes taskforce - ongoing
costs up to $100,000 per year to provide staff support.
Disability payments to game wardens - unknown costs to
pay annual salary rather than disability payments to
injured game wardens. Under current law, most state
employees on short term disability leave receive 2/3 of
their monthly salary. This bill requires game wardens to
receive their full salary. The number of game wardens
impacted is unknown. In general, the bill will increase
disability payments by 1/3 over current law.
Delayed loan repayment - one-time cost of $10 million
from the delay in a required repayment of a loan from the
Renewable Resources Trust Fund (General Fund) to the
Renewable Energy Resources Development Fee Trust Fund.
SUPPORT : (Verified 8/27/12)
Audubon California
Azul
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California Coastkeeper Alliance
Endangered Habitats League
Environmental Defense Fund
Humane Society of the United States
Humboldt Baykeeper
Klamath Riverkeeper
Laguna Ocean Foundation
Monterey Bay Aquarium
Natural Resources Defense Council
Ocean Conservancy
Orange County Coastkeeper
Orange County Diving
Paw Pac
Public Interest Coalition
Russian Riverkeeper
San Diego Coastkeeper
Santa Barbara Channelkeeper
Save Our Shores
The Nature Conservancy
The Otter Project
WiLDCOAST
OPPOSITION : (Verified 8/27/12)
California Aquaculture Association
California Association for Recreational Fishing
California Fisheries and Seafood Association
California Lobster and Trap Fishermen's Association
California Sea Urchin Association
California Wetfish Producers Association
Gun Owners of California
Outdoor Sportsmen's Coalition of California
Partnership for Sustainable Oceans
Point Conception Ground Fishermen's Association
Safari Club International
ASSEMBLY FLOOR : 50-27, 5/30/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Dickinson, Eng, Feuer, Fong, Fuentes, Furutani,
Galgiani, Gatto, Gordon, Hall, Hayashi, Hill, Huber,
Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza,
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Mitchell, Monning, Pan, Perea, V. Manuel Pérez,
Portantino, Skinner, Solorio, Swanson, Torres,
Wieckowski, Williams, Yamada, John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman,
Harkey, Roger Hernández, Jeffries, Jones, Knight, Logue,
Mansoor, Miller, Morrell, Nestande, Nielsen, Norby,
Olsen, Silva, Smyth, Wagner
NO VOTE RECORDED: Davis, Fletcher, Valadao
CTW/RM:k 8/27/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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