BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 497|
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CONSENT
Bill No: AB 497
Author: Chesbro (D)
Amended: 8/14/13 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 6/25/13
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/23/13 (Consent) - See last page for
vote
SUBJECT : Fish and wildlife
SOURCE : Author
DIGEST : This bill makes several changes related to meetings
and business of the Fish and Game Commission (FGC) and rules
regarding the setting and baiting of Dungeness crab traps.
ANALYSIS :
Existing law under the FGC:
1.Requires the FGC to have at least 10 regular meetings per year
throughout the state if adequate funding is available for
travel, only three of which may be held in Sacramento.
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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. A related provision exempts such regulations
from the Administrative Procedures Act (Act) and 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 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.Requires that if a delay in the start of the Dungeness crab
season is ordered, crab gear be authorized to be set 36 hours
prior to the opening date, and requires the director of the
Department of Fish and Wildlife (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.
This bill:
1.Reduces the number of regular meetings the FGC is required to
hold per calendar year from 10 to eight, and eliminates the
requirement that no more than three meetings be held in
Sacramento and specific forms of public notice of meetings.
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Instead it requires that the method of notice be one that
provides for broad dissemination, but requires the FGC to
disseminate notices regarding meetings to the public in a
manner that complies with specified provisions of the Act.
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 Dungeness crab traps and gear to be set 64 hours
prior to the opening date of the crab season.
4.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.
5.Adds similar provisions that would authorize the commission to
establish by regulation an automatic process to conform its
sport fishing regulations to federal regulations and requires
DFW to provide public notice of any conforming action
implemented pursuant to this provision.
Background
FGC has existed since 1870. In 1940, a constitutional amendment
enshrined the FGC in the state constitution. The Legislature
delegated to the FGC 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 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 FGC, 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/13/13)
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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.
ARGUMENTS IN SUPPORT : 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.
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.
ASSEMBLY FLOOR : 74-0, 5/23/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Hagman, Hall, Harkey, Roger Hernández, Jones-Sawyer,
Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Wagner, Weber, Wieckowski, Wilk, Williams, Yamada, John
A. Pérez
NO VOTE RECORDED: Grove, Holden, Jones, Waldron, Vacancy,
Vacancy
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RM:nl 8/14/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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