BILL ANALYSIS Ó
SB 505
Page 1
SENATE THIRD READING
SB 505 (La Malfa)
As Amended June 30, 2011
Majority vote
SENATE VOTE :39-0
WATER, PARKS & WILDLIFE 13-0
APPROPRIATIONS 17-0
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|Ayes:|Huffman, Halderman, Bill |Ayes:|Fuentes, Harkey, |
| |Berryhill, Blumenfield, | |Blumenfield, Bradford, |
| |Campos, Fong, Gatto, | |Charles Calderon, Campos, |
| |Roger Hernández, Hueso, | |Davis, Donnelly, Gatto, |
| |Jones, Lara, Olsen, | |Hall, Hill, Lara, |
| |Yamada | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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% 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)Provides that DFG's authority to procure fish from a privately
owned hatchery is contingent upon a determination by DFG,
following an inspection, that the privately owned hatchery is
in compliance with operations, management, and monitoring
standards that are 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
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fisheries.
3)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.
4)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 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 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.
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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 Assembly Appropriations
Committee, potential minor, absorbable costs to DFG to inspect
privately owned hatcheries and report to the Legislature.
(Special fund.) DFG indicates that trout from privately owned
hatcheries are more costly than trout from state hatcheries.
However, this price differential will not result in increased
costs to DFG because the authority provided to DFG to purchase
trout from privately owned hatcheries is limited by DFG's
ability to do so at a cost that is no more than the cost of
state hatchery fish.
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 (Cogdill), Chapter 689,
Statutes of 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 (Cogdill), 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 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
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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
environmental impact report.
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 will
increase DFG license-sale revenues.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
SB 505
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