BILL ANALYSIS Ó ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2013-2014 Regular Session | | | ----------------------------------------------------------------- BILL NO: AB 497 HEARING DATE: June 25, 2013 AUTHOR: Chesbro URGENCY: No VERSION: April 4, 2013 CONSULTANT: Bill Craven DUAL REFERRAL: No FISCAL: Yes SUBJECT: Fish and wildlife. BACKGROUND AND EXISTING LAW The California Fish and Game Commission (FGC) has existed since 1870. In 1940, a constitutional amendment enshrined the FGC in the state constitution. The Legislature delegated to the Commission a variety of powers, some general in nature and some very specific. A major responsibility is the formulation of general policies for the conduct of the Department of Fish and Wildlife (DFW). The FGC also has general regulatory powers to determine bag limits and methods of take for game animals and sport fish. In adopting hunting and sport fishing regulations, the Commission, in each case, holds a series of at least three open public meetings located in various parts of the state, so that individual and group input can be received and considered prior to adoption of new or changed regulations. Other provisions of the Fish and Game Code that are considered in this bill: 1) Require 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) Require notices of FGC meetings to be disseminated through electronic distribution, mailings to interested parties, and publication in a local newspaper. 3) Authorize the FGC, after it holds a third hearing on a proposed regulatory action, to take action on the regulations at 1 the hearing or within 20 days after the hearing. 4) Authorize 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. A related provision exempts such regulations from the APA and authorizes the FGC to adopt regulations regarding take of migratory birds where no federal regulations have been adopted. 5) Establish procedures for adoption of regulations by the director of 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. A related provision requires the director to first hold a noticed public hearing and to provide a report to the Legislature. 6) If a delay in the start of the Dungeness crab season is ordered, existing law 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. PROPOSED LAW This bill would make several changes related to meetings and business of the 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. In particular, this bill would: 1) Reduce the number of regular meetings the FGC is required to hold per calendar year from 10 to 8, and eliminate the requirement that no more than 3 meetings be held in Sacramento and specific forms of public notice of meetings. The bill instead requires that the method of notice be one that will provide for broad dissemination. 2 2) Delete 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) Authorize 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. The bill 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). It would also require that the FGC hold at least one duly noticed public hearing before any regulations are adopted under this bill and that the regulations shall be filed with the Secretary of State and become effective upon filing unless otherwise specified in the regulations. 4) Allow salmon and groundfish to be taken in conformity with federal laws and regulations and the regulations of the FGC. The bill would provide that if no federal regulations are adopted governing take of salmon and groundfish, the FGC may adopt regulations governing take, including seasons, areas, bag and possession limits, and total take allowed. 5) Authorize Dungeness crab traps and gear to be set 64 hours prior to the opening date of the crab season. 6) Require 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. ARGUMENTS IN SUPPORT 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 3 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. 4 ARGUMENTS IN OPPOSITION None received 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 complement the marine resources committee that is already required by law. This bill clarifies FGC authority and procedures for adoption of salmon and groundfish regulations. This bill also simplifies the process and rules for when 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. The FGC supports all of these changes. The author has requested that the Committee recommend amendments provided by the Department of Fish and Game which are included below with two minor technical changes. SUGGESTED AMENDMENTS AMENDMENT 1 Page 4, line 11. Section 205.1 is added to the Fish and Game Code to read: The Legislature finds and declares that federal Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. Sec. 1801 et seq.) authorizes fishery management plans and regulations whose provisions require close coordination with state fishery managers. The Legislature also finds and declares that the National Oceanic and Atmospheric Administration Fisheries Service routinely adopts federal fishery rules that require the State of California to make timely conforming changes to its fishery regulations in order to maintain continuity of management and enforcement, and to avoid preemption. The 5 Legislature further finds and declares that since 1976, a mechanism for federal conformance has existed in this code for commercial fishing and that a similar mechanism is now required for sport fishing. (a) The commission may establish by regulation a process that automatically conforms its sport fishing regulations to federal regulations. (b) The department shall provide public notice of any conforming action implemented pursuant to this section. AMENDMENT 2 Page 4, line 34. "and that complies with the Administrative Procedure Act [cite]. AMENDMENT 3 Delete page 6, lines 20-25, lines 31-33, and lines 34-40 and page 7, lines 1-4. 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. OPPOSITION None Received 6