BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 505|
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UNFINISHED BUSINESS
Bill No: SB 505
Author: La Malfa (R)
Amended: 6/30/11
Vote: 21
SENATE NATURAL RESOURCES & WATER COM. : 9-0, 4/26/11
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 39-0, 5/23/11 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De León, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Hernandez,
Huff, Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Rubio, Runner,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Harman
ASSEMBLY FLOOR : Not available
SUBJECT : Fish: licenses: trout hatcheries
SOURCE : Author
DIGEST : This bill 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
CONTINUED
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state hatcheries, to contract with privately owned
hatcheries to procure up to 20% of the pounds of fish
needed to meet the goals.
Assembly Amendments make clarifying changes.
ANALYSIS :
Existing law :
1. Requires 33 1/3 percent of the fees derived from the
issuance of sport fishing licenses, with certain
exceptions, to be deposited into the Hatchery and Inland
Fisheries Fund within the State Treasury.
2. States that the money in the fund may be expended, upon
appropriation, in support of DFG programs related to the
management, maintenance, and capital improvement of
California's fish hatcheries, the Heritage and Wild
Trout Program, enforcement activities, and other
activities eligible to be funded from revenue generated
by sport fishing license fees.
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 fisheries.
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3. Authorizes funds deposited in the Hatchery and Inland
Fisheries Fund (HIFF) 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 HIFF, the total number of fish
planted from the HIFF, the hatcheries from which the
fish were procured, and all loans made from the HIFF.
Background
In 2005, the Legislature unanimously passed AB 7 (Cogdill)
which established clear production (fish stocking) goals
for recreational trout fisheries and a dedicated funding
mechanism to meet these goals. These goals were revised by
SB 1262 (Cogdill, Chapter 1262, Statutes of 2008).
Specifically, AB 7 added Section 13007 to the Fish and Game
Code (FGC) which requires, among other provisions, that,
one-third of all sport fishing license fees (with limited
exception) will be deposited in the HIFF to support DFG
programs including (1) the management, maintenance and
capital improvement of the state's hatcheries, (2) to the
Heritage and Wild Trout Program and related enforcement,
and (3) other programs.
The following fish production goals are met by state
hatcheries:
A minimum of 2.25/2.5/2.75 pounds of released trout by
July 1, 2007/2008/2009 and thereafter per number of
sport fishing license sold the preceding year. Most of
the fish planted must be of catchable size
The Heritage and Wild Trout program receives $2,000,000
from the HIFF for specified purposes.
25 percent of the total amount of trout stocked be
native trout in their original source watersheds. This
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goal was to be met on the following schedule:
o 15 percent/20 percent/25 percent and at least 4/4/5
species (with restrictions) by July 1, 2010/2011/2012,
and thereafter.
o Required DFG to report by July 1, 2008 and
biennially thereafter to the Legislature on the
implementation of AB 7.
According to DFG has had partial, but by no means complete,
success at meeting the AB 7 goals. More complete details
are provided in the second comment below. In 2010, DFG
released a final environmental impact report/statement
(EIR/S) on its hatchery and fish stocking programs in
response to an earlier lawsuit. Fish stocking was
disrupted temporarily in some locations throughout the
state in order to comply with provisions in the EIR/S. DFG
has indicated that this disruption did not impact their
ability to meet AB 7 fish stocking goals.
AB 2376 (Huffman, Chapter 424, Statutes of 2010) requires,
in part, that the Secretary of Natural Resources convene a
committee to develop a strategic plan for DFG and the Fish
and Game Commission to address specified matters relating
to statewide fish and wildlife resource management. The
strategic plan must be completed and reported by July 1,
2012.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/29/12)
Alpers Trout LLC
California Association for Recreational Fishing
Calaveras Trout Farm, Inc.
California Guest Services, Inc.
Mt. Lassen Trout Farm, Inc.
United Anglers of Southern California
ARGUMENTS IN SUPPORT : According to the author's office,
in 2005, the widely-supported AB 7 created a worthwhile
goal for DFG by requiring a certain number of trout to be
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planted in California's waterways and ensuring that fishing
license fee revenues are used for the benefit of
California's anglers. However, due to a lack of hatchery
capacity and despite significant revenue increases, DFG has
been unable to reach the fish planting requirements of AB 7
and has in fact experienced a decline in fish production
over the past several years. DFG is now farther from
reaching the AB 7 planting requirements than it was just
three years ago. The solution to this issue is simple,
low-cost and readily available, as the state is home to
numerous privately-operated fish hatcheries that would be
able to assist DFG in reaching its goal rapidly. This bill
does not displace any existing DFG programs, facilities or
employees, it simply gives DFG a new tool to use in efforts
ensure that the Department fulfills the planting
requirements of AB 7."
Alpers Trout LLC, a private trout farm operator stocking
waters in Mono and Inyo counties, emphasizes, "The eastern
Sierra is the premier destination outdoor recreation area
for southern California and trout fishing is the number one
activity for our visitors. With over 12 million visitor
days per year, our region is one of the most heavily used
recreation areas in the United States. The fishing
industry touches, literally, every household in our two
Counties." Alpers Trout and other supporters also
emphasize the economic and recreational benefits of
increased trout planting, particularly in depressed rural
areas; state that DFG is incapable of meeting the AB 7
production goals without private assistance; and assert
that more fish would lead to the purchase of additional
licenses.
CTW:d 8/31/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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