BILL ANALYSIS �
-----------------------------------------------------------------
| |
| 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