BILL ANALYSIS Ó
SB 505
Page 1
Date of Hearing: June 24, 2011
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
SB 505 (La Malfa) - As Amended: May 3, 2011
SENATE VOTE : 39-0
SUBJECT : Fish Licenses: Trout Hatcheries
SUMMARY : Authorizes the Department of Fish and Game (DFG), if
they are not able to meet statutory goals for production of
hatchery fish through fish produced at state hatcheries, to
contract with privately owned hatcheries to procure up to 20% of
the pounds of fish needed to meet the goals. Specifically, this
bill :
1)Authorizes DFG, if goals specified in existing law for the
production and release of hatchery produced trout are not
projected to be met by state hatcheries, to contract with
privately owned hatcheries located in the state to procure up
to 20 percent of the pounds of fish necessary to meet the
goals. Provides that the cost per fish or pound of fish
provided by privately owned hatcheries shall not exceed the
cost to DFG of state hatchery fish.
2)Authorizes funds deposited in the Hatchery and Inland Fisheries
Fund from sport fishing license fees to be used for purchase of
fish from private hatcheries, subject to appropriation.
3)Requires DFG by July 1, 2012 and annually thereafter to report
to the fiscal and policy committees of the Legislature on
implementation of provisions of law relating to hatcheries.
Requires the report to contain specified information, including
revenues to and expenditures from the Hatchery and Inland
Fisheries Fund, the total number of fish planted from the Fund,
the hatcheries from which the fish were procured, and all loans
made from the Fund.
EXISTING LAW :
1)Requires 33.33% of all sport fishing license fees collected to
be deposited into the Hatchery and Inland Fisheries Fund.
Authorizes monies in the fund, upon appropriation by the
Legislature, to support programs of DFG related to California's
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fish hatcheries, the Heritage and Wild Trout Program, related
enforcement activities, and other activities eligible to be
funded from sport fishing license fees.
2)Requires sport fishing license fees in the Hatchery and Inland
Fisheries Fund to be used:
a) To achieve specified production goals for state
hatcheries, including a goal that by July 1, 2009 and
thereafter a minimum of 2.75 pounds of trout be released
per sport fishing license sold, 2.25 pounds of which are
of catchable size or larger.
b) Two million dollars to be used for the Heritage and
Wild Trout Program, for permanent positions, seasonal
aides and other activities necessary to the program.
c) To ensure that that numbers of native California
trout produced are sufficient to equal or exceed 25% of
the number of trout produced by state fish hatcheries.
Requires DFG to attain 15% production of native trout by
2010, 20% by 2011, and 25% by 2012.
3)Requires DFG to report by July 1, 2008 and annually thereafter
to the Legislature on implementation of these provisions.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill seeks to assist the state in meeting goals
for hatchery trout production and release by authorizing DFG to
purchase up to 20% of the pounds of fish needed to meet the goal.
The author asserts that AB 7, legislation passed by the
Legislature in 2005, required DFG to plant a certain number of
trout in California waters by specified dates, and that DFG has
failed to meet those goals due to a lack of hatchery capacity.
The author and sponsors note there are numerous
privately-operated hatcheries in California that could assist DFG
in meeting the goals.
It should be noted that the goals of AB 7, which include that a
minimum of 2.75 pounds of trout be released per fishing license
sold, with 2.25 pounds of catchable size or larger, are in fact
goals rather than hard requirements. DFG's report to the
Legislature on implementation of AB 7 notes that the Governor's
signing message acknowledged the goals of the law would be
difficult to achieve, and should therefore be modified with more
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reasonable goals so that expectations are better aligned to
reflect what is sustainable. DFG nevertheless indicates it has
made progress in implementing AB 7 and has stocked from 3,600,000
and 4,300,000 pounds of trout per year, while selling from
1,862,000 to 2,077,000 licenses. This equates to a ratio of 1.9
to 2.2 pounds of mostly catchable size fish per license. Given
the AB 7 overall production goal of 2.75 pounds per license in
2009, DFG is approximately 30% below the target goal currently.
However, DFG notes in its report that planting enough fingerling
and sub-catchable trout to meet the overall production goal would
be biologically unsound, and, therefore, overall trout production
goals must be achieved primarily through planting of catchable
and larger fish. For 2009, the total pounds of catchable and
larger trout planted were 21.2% below the statutory goal. DFG
currently operates 11 state hatcheries with two planting bases,
with facilities located throughout the state. DFG also indicates
they have invested Hatchery and Inland Fishery Fund monies in
capital improvements at several state hatcheries which they
expect to increase their capacity to meet the statutory goals in
the near future using existing state facilities.
DFG's annual report also notes spread of invasive species is a
significant risk with hatchery production. Of particular note,
New Zealand Mud Snails and both Quagga and Zebra mussels, all
highly invasive species, have been found in state waters near
several fish hatcheries. All state hatcheries take special
precautions to prevent transport of invasive species by hatchery
operations, and a statewide protocol of monitoring for aquatic
invasive species has been implemented at all DFG hatcheries.
Additionally, a statewide protocol for monitoring at both DFG and
private aquaculture facilities is being developed as part of
mitigation measures identified in DFG's fish stocking EIR.
Support Arguments : Supporters emphasize the economic and
recreational benefits of increased trout planting, and the
availability of private hatchery fish to assist DFG in meeting
the production goals. The author also emphasizes that due to a
lack of capacity and despite significant revenue increases DFG
has been unable to meet the AB 7 goals and has experienced an
actual decline in fish production. Some supporters also point
out that the counties in which the fish are planted will benefit
from the economic stimulus created as a result of increased
fishing opportunities and increased angler visits, which means
more sales tax revenue and jobs. In addition, higher angler
success will encourage more fishing licenses to be sold which
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will increase DFG license-sale revenues.
Opposition Arguments (prior version) : SEIU Local 1000 opposed the
prior version of this bill which mandated that up to 20% of the
pounds of fish to be stocked be purchased by DFG from
privately-operated hatcheries. SEIU asserted that by mandating
the state purchase fish from private hatcheries, this bill was
duplicative of the state's own resources, created unnecessary
risks of introduction of invasive species or disease which could
cause devastating environmental impact to state fisheries, and
lacked oversight. This bill was amended in the Senate to remove
the mandate and in its current form only authorizes but does not
require DFG to acquire up to 20% of fish stock from private
hatcheries. SEIU is neutral on this bill as amended.
Suggested Amendment : While fish stocking programs are a long
standing and integral part of recreational and commercial fishing
in California, in recent years scientific advances in fish
genetics and biology have given rise to significant concerns
about current hatchery practices and calls for reform of hatchery
operations. A 2010 EIR/EIS of DFG's hatchery and fish stocking
programs recognized the need to address the risks of the spread
of invasive species and disease into the state's inland waters
through fish stocking, and noted hatchery raised fish can be a
source of disease and introduction of invasive species. For
these reasons, committee staff recommends, if the committee
chooses to approve this bill, that an amendment be added
conditioning DFG's procurement of fish from private hatcheries on
a determination by DFG, following an inspection, that the private
hatchery is in compliance with operations, management and
monitoring standards at least as stringent as those in effect at
state hatcheries, in order to minimize the risk of the spread of
disease or invasive species into inland state waters and
fisheries.
REGISTERED SUPPORT / OPPOSITION :
Support
Alpers Trout, LLC
Calaveras Trout Farm, Inc.
California Association for Recreational Fishing
Mt. Lassen Trout Farm, Inc.
The California Aquaculture Association
The California Parks Company
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United Anglers of Southern California
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096