BILL ANALYSIS Ó
AB 497
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Date of Hearing: April 16, 2013
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Anthony Rendon, Chair
AB 497 (Chesbro) - As Amended: April 4, 2013
SUBJECT : Fish and Game Commission; Fisheries
SUMMARY : Makes several changes related to meetings and
business of the Fish and Game Commission (FGC), the FGC's
authority to adopt regulations governing take of salmon and
groundfish, and rules regarding the setting and baiting of
Dungeness crab traps. Specifically, this bill :
1)Reduces the number of meetings the FGC is required to hold per
calendar year from 10 to 8 regular meetings, eliminates the
requirement that no more than 3 meetings be held in
Sacramento, and deletes specific requirements regarding the
forms of public notice required for meetings, requiring
instead that the notices be disseminated to the public in a
manner that will result in broad dissemination.
2)Deletes existing authorization for the FGC to amend proposed
regulations within 20 days after its third public meeting on
the regulations, requiring instead that the FGC take any such
action at the meeting.
3)Authorizes the FGC to adopt regulations pertaining to salmon
and groundfish that conform with or are more restrictive than
federal rules and regulations prescribed pursuant to the
federal Magnuson-Stevens Fishery Conservation and Management
Act and the Pacific Fishery Management Council. Provides that
regulations adopted by the FGC for these purposes that conform
with the federal regulations are exempt from the California
Administrative Procedures Act (APA). Requires that the FGC
hold at least one duly noticed public hearing before any
regulations are adopted under this bill. Requires that the
regulations shall be filed with the Secretary of State and
become effective upon filing unless otherwise specified in the
regulations.
4)Allows salmon and groundfish to be taken in conformity with
federal laws and regulations and the regulations of the FGC.
Provides that if no federal regulations are adopted governing
take of salmon and groundfish, the FGC may adopt regulations
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governing take, including seasons, areas, bag and possession
limits, and total take allowed.
5)Authorizes Dungeness crab traps and gear to be set 64 hours
prior to the opening date of the crab season.
6)Requires the FGC to form a wildlife resources committee from
its membership which shall report to the FGC and make
recommendations on all non-marine wildlife resource matters
considered by the FGC.
EXISTING LAW :
1)Requires the FGC to have at least 10 regular meetings per year
throughout the state if adequate funding is available for
travel, only 3 of which may be held in Sacramento.
2)Requires notices of FGC meetings to be disseminated through
electronic distribution, mailings to interested parties, and
publication in a local newspaper.
3)Authorizes the FGC after it holds a third hearing on a
proposed regulatory action to take action on the regulations
at the hearing or within 20 days after the hearing.
4)Authorizes the FGC to annually adopt regulations pertaining to
migratory birds to conform with or to further restrict federal
rules and regulations prescribed pursuant to the Migratory
Bird Treaty Act. Provides that regulations adopted by the FGC
under this authority are exempt from the APA. Also authorizes
the FGC to adopt regulations regarding take of migratory birds
where no federal regulations have been adopted.
5)Establishes procedures for adoption of regulations by the
director of the Department of Fish and Wildlife (DFW) where
necessary to conform to fishery management plans or amendments
to such plans recommended by the Pacific Fisheries Management
Council and adopted by the federal Secretary of Commerce if
adoption of regulations is necessary to achieve optimum yield
of the fishery in California. Requires the director to first
hold a noticed public hearing and to provide a report to the
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Legislature.
6)If a delay in the start of the Dungeness crab season is
ordered, requires that crab gear be authorized to be set 36
hours prior to the opening date, and requires the director of
the DFW, if requested, to consult with the Dungeness crab
industry and to announce when crab traps may be set.
7)Requires the FGC to form a marine resources committee from its
membership which shall report to the FGC and make
recommendations on all marine resource matters considered by
the FGC.
FISCAL EFFECT : Unknown
COMMENTS : This bill makes procedural changes to give the FGC
more flexibility in establishing meeting schedules and to reduce
associated meeting costs. It also eliminates the requirement
for meeting notices to be disseminated in specific ways,
including by publication in local newspapers, and instead simply
requires that the method of notice be one that will provide for
broad dissemination. The reason given for this change is that
newspaper publication is no longer seen as an effective method
of dissemination to reach a broad audience. This bill also adds
a statutory requirement for the FGC to form an inland wildlife
resources committee, to compliment the marine resources
committee that is already required by law. The FGC supports all
of these changes.
This bill also clarifies FGC authority and procedures for
adoption of salmon and groundfish regulations. Under current
federal law known as the Magnuson-Stevens Fishery Conservation
and Management Act, states may adopt regulations that conform to
the federal regulations or may adopt regulations that are more
but not less restrictive than the federal rules. This bill
clarifies FGC's authority in that regard and streamlines the
regulatory process in those instances where all the FGC is doing
is adopting regulations that merely conform to federal law, in
which case the regulations would be exempt from the APA. These
provisions of the bill are modeled after existing state law
clarifying FGC's authority and required procedures for adoption
of regulations conforming to the federal Migratory Bird Treaty
Act.
This bill also simplifies the process and rules for when
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Dungeness crab traps may be set and baited by authorizing gear
and traps to be set and baited 64 hours prior to the opening
date of the season, regardless of the season opening date.
Support Arguments : The FGC indicates support for provisions of
this bill which would provide additional flexibility and cost
savings to the FGC in conducting the public's business. They
note the Marine Resources committee has been very productive and
that creation of a non-marine wildlife resources committee will
also provide a public venue for addressing inland issues before
the FGC. The streamlined process for adoption of regulations
conforming with federal regulations affecting salmon and
groundfish will also save time and money, which will be of
benefit to the FGC and the fisheries.
Other supporters in particular note the establishment of a 64
hour pre-set period for Dungeness crab will help to address
fishing fleet safety issues and make California's pre-set rules
consistent with rules in Oregon and Washington.
The establishment of a non-marine wildlife resources committee
is viewed by supporters as a positive step that will provide a
valuable venue for vetting of issues before they are brought to
the full Commission.
Opposition Arguments : None on file.
REGISTERED SUPPORT / OPPOSITION :
Support
Board of Harbor Commissioners of the Crescent City Harbor
District
California Association for Recreational Fishing
California Coastkeeper Alliance
California Fish and Game Commission
Humboldt Bay Harbor, Recreation and Conservation District
Humboldt Fishermen's Marketing Association, Inc.
Mt. Lassen Trout Farm, Inc.
Natural Resources Defense Council
Northwest Marine Technology
Ocean Conservancy
Oceana
Pacific Coast Federation of Fishermen's Associations
Trinidad Bay Fishermen's Marketing Association, Inc.
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Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096