BILL ANALYSIS Ó
AB 504
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 504 (Chesbro)
As Amended August 22, 2014
Majority vote
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|ASSEMBLY: |75-1 |(January 29, |SENATE: |25-10|(August 26, |
| | |2014) | | |2014) |
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Original Committee Reference: W., P. & W.
SUMMARY : Extends the sunset date on existing law regarding
harvest of sea cucumbers; prohibits the hatchery production and
stocking of transgenic salmon; and makes it unlawful to spawn,
incubate or cultivate any transgenic salmon in this state with
specified exceptions.
The Senate amendments :
1)Extend the operation of existing law regarding harvest and
management of sea cucumbers for five years to April 1, 2020.
2)Prohibit the hatchery production and stocking of transgenic
species of salmonids.
3)Make it unlawful to spawn, incubate, or cultivate any
transgenic species of finfish belonging to the family
Salmonidae in this state, with certain exceptions when
authorized for medical and scientific research, as specified.
Provide that this prohibition does not apply to salmon or
steelhead trout reared from native California stocks that are
propagated or cultured for research conducted by or on behalf
of the Department of Fish and Wildlife (DFW), or for release
into ocean waters for the purpose of recovery, restoration, or
enhancement of native salmon and steelhead pursuant to the
Salmon, Steelhead Trout, and Anadromous Fisheries Program Act.
4)Prohibit research or experimentation for the commercial
production of transgenic salmonids.
5)Provide that medical or scientific research conducted on
transgenic finfish by accredited California academic
institutions or private entities for research only and not for
commercial production may be authorized pursuant to a permit
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issued by the DFW. Require that any research conducted under
such authorization must be conducted in a closed system that
eliminates the risk of escape and any potential disease
transmittal. Require that a permit application for such
research include a research plan specifying the objectives and
goals of the research, and require the DFW to notify the Joint
Committee on Fisheries and Aquaculture and the Fish and Game
Commission (FGC) at least 30 days prior to approval or
disapproval of a research permit application. Provide that
nothing in this subdivision shall be construed to require the
disclosure of proprietary information.
6)Define the term transgenic for these purposes.
EXISTING LAW :
1)Prohibits the take or possession of sea cucumbers for
commercial purposes without a valid sea cucumber permit.
Requires possession of a sea cucumber diving permit to take
sea cucumbers by diving, and in order to take sea cucumbers by
methods other than diving, requires that at least one person
aboard the boat have a valid sea cucumber trawl permit. The
fee for either a sea cucumber diving or trawling permit is
$338.75 per person. Places conditions on the transfer of sea
cucumber permits and limits the number of sea cucumber permits
that may be issued each year. Authorizes the FGC, upon
recommendation of the DFW, to adopt regulations governing
seasons, gear restrictions, and other measures it determines
may be necessary to protect the sea cucumber resource and
assure a sustainable sea cucumber fishery. Provides that all
of these provisions shall become inoperative on April 1, 2015,
and are repealed as of January 1, 2016, unless a later enacted
statute that is enacted before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is
repealed.
2)Makes it unlawful in the waters of the Pacific Ocean that are
regulated by this state (generally out to three miles) to
spawn, incubate, or cultivate any species of finfish belonging
to the family Salmonidae, transgenic fish species, or any
exotic species of finfish. Provides that this prohibition
does not apply to salmon or steelhead trout reared from native
California stocks that are propagated or cultured for research
conducted by or on behalf of the DFW or for release into ocean
waters for the purpose of recovery, restoration, or
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enhancement of California's native salmon and steelhead trout
populations. Defines the terms transgenic and exotic for
these purposes. Provides that nothing in this section
authorizes artificial propagation, rearing, or stocking of
transgenic freshwater and marine fishes, invertebrates,
crustaceans, or mollusks.
AS PASSED BY THE ASSEMBLY , this bill extended the operation of
existing law regarding the harvest and management of sea
cucumbers for two years to April 1, 2017.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis unknown and variable costs, likely less than $100,000 a
year on average, to the Fish and Game Preservation Fund (special
fund) for the regulation and oversight of the commercial sea
cucumber fishery. Minor revenues of approximately $30,000 to the
Fish and Game Preservation Fund from sea cucumber permit
revenues. Minor loss of scientific permit fee revenue (less
than $1,000) to the Fish and Game Preservation Fund.
COMMENTS : This bill as amended by the Senate extends the
commercial sea cucumber program for five years from 2015 to
2020. The Assembly version proposed to extend the program for
two years to 2017.
This bill as amended by the Senate also extends the existing
prohibition on spawning, incubation, or cultivation of
transgenic salmonids in the Pacific Ocean to all waters of the
state. The hatchery production and stocking of transgenic
salmonids would also be expressly prohibited. Medical and
scientific research conducted on transgenic finfish by
accredited California academic institutions or private entities
for research only and not for commercial production, authorized
pursuant to a permit issued by the DFW and existing regulations,
would be exempted from the prohibition if they meet specified
criteria requiring that the operation be conducted in a closed
system that eliminates risk of escape and potential disease
transmittal. The DFW would be required to notify the
Legislature's Joint Committee on Fisheries and Aquaculture and
the FGC at least 30 days prior to approving or disapproving any
new applications for such a research permit.
Supporters of this bill emphasize that stocking California
waters with transgenic fish may increase competition with native
fish for food and habitat, leading to significant negative
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impacts on wild populations. Concerns have also been raised
regarding negative effects of potential interbreeding and
potential introduction of parasites and disease.
Previous concerns raised by some groups regarding the ability to
conduct biomedical research appear to have been addressed
through the Senate amendments.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0005390