BILL ANALYSIS �
AB 497
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CONCURRENCE IN SENATE AMENDMENTS
AB 497 (Chesbro)
As Amended August 14, 2013
Majority vote
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|ASSEMBLY: |74-0 |(May 23, 2013) |SENATE: |37-0 |(August 19, |
| | | | | |2013) |
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Original Committee Reference: W., P. & W.
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.
The Senate amendments :
1)Strike language included in the Assembly version authorizing
the FGC to adopt regulations pertaining to salmon and
groundfish that conform with or are more restrictive than
applicable federal regulations, and instead add language
authorizing the FGC to establish by regulation an automatic
process to conform its sport fishing regulations to federal
regulations.
2)Strike language included in the Assembly version providing
that regulations adopted by the FGC to conform with federal
regulations are exempt from the Administrative Procedures Act
(APA), and requiring the FGC to hold at least one public
hearing on the regulations.
3)Strike language included in the Assembly version authorizing
the FGC, in the absence of federal regulations, to adopt
regulations setting forth requirements for salmon and
groundfish.
4)Retain the legislative findings and declarations in the bill
but move them to uncodified language.
5)Add a requirement that FGC notices of meetings must comply
with the APA.
FISCAL EFFECT : According to the Senate Appropriations
AB 497
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Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill makes procedural changes to give the FGC
more flexibility in establishing meeting schedules and noticing
meetings to reduce associated costs. The Senate version retains
these provisions but adds a requirement that public notices be
provided consistent with the requirements of the APA. This bill
also adds a requirement for the FGC to form an inland wildlife
resources committee to compliment the marine resources committee
that is already required by law, and modifies the rules for when
Dungeness crab traps may be set. These provisions are unchanged
from the Assembly version.
This bill also seeks to clarify the FGC's 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 that are more but not
less restrictive than the federal rules. The Assembly version
proposed to streamline 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. The Senate version instead provides that
the FGC may establish by regulation an automatic process to
conform its sport fishing regulations to federal regulations,
but does not expressly include an APA exemption.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0001728