BILL ANALYSIS                                                                                                                                                                                                    Ó





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2013-2014 Regular Session                    |
          |                                                                 |
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          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  
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          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.
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          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  
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          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. 








































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          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  
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          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








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