BILL NUMBER: AB 875 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2013
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 22, 2013
An act to amend Section Sections
4629.6 and 6217.1 of, and to add Article 5.5 (commencing
with Section 4564) to Chapter 8 of Part 2 of Division 4 of, the
Public Resources Code, relating to resource protection and
management.
LEGISLATIVE COUNSEL'S DIGEST
AB 875, as amended, Chesbro. Forest management.
The Z'Berg-Nejedly Forest Practice Act of 1973 prohibits a person
from conducting timber operations, as defined, unless a timber
harvesting plan prepared by a registered professional forester has
been submitted to, and is approved by, the Department of Forestry and
Fire Protection. Existing law establishes the Timber Regulation and
Forest Restoration Fund in the State Treasury, and requires that all
revenues received from a specified assessment imposed on the retail
sale of lumber products, as defined, and engineered wood products, as
defined, less amounts deducted for refunds and reimbursements, be
deposited into the fund. Existing law requires that moneys deposited
into the fund be expended, upon appropriation by the Legislature, for
specified purposes, including to fund existing restoration grant
programs.
This bill would include the funding of projects
provide that priority be given to funding restoration grant
programs relating to salmon and anadromous trout species
to this list of purposes .
This bill would require the State Board of Forestry and Fire
Protection and the department, with the guidance of other entities,
including harvest plan review agencies, to conduct pilot projects, to
be completed by January 1, 2017, to determine and implement
processes that would result in long-term efficiencies and cost
savings while ensuring environmental performance that would protect
and restore vital soil, water, wildlife, timber, and forest values
and resources. The bill would require these pilot projects to focus
on certain things, including reforming and standardizing requirements
for vital information on a CalWater planning watershed basis. The
bill would require funding and personnel for the development and
implementation of the pilot projects to be from existing department
and responsible agencies' budgets and personnel. The bill would
require all documents that form the basis for the pilot projects to
be posted on the department's Internet Web site and the findings and
recommendations of the pilot projects to be presented at one or more
public meetings.
The bill would require the board to develop recommendations and
pass regulations for providing electronic public access to all
relevant documents that assist the department in administering timber
harvest regulations, in ensuring the protection and recovery of
forest and watershed health and productivity, and in monitoring.
Existing law requires the Department of Fish and Game to grant
funds from the Salmon and Steelhead Trout Restoration Account in the
Resources Trust Fund in a specified manner, including for projects
implementing instream, riparian, water quality, water quantity, and
watershed prescriptions that are designed to restore the structure
and function of fish habitat.
This bill would require these projects to also protect the
structure and function of fish habitat.
Existing law requires that not less than 65% of the moneys in the
account be used for salmon habitat protection and restoration
projects.
This bill would include training and education as uses for these
moneys, as provided.
Existing law requires up to 35% of the moneys in the account to be
used for specified purposes.
This bill would include county salmonid conservation programs as
one of these purposes.
The bill would require the Secretary of the Natural Resources
Agency and the Secretary for Environmental Protection, by July 1,
2014, in consultation with various entities, to select a pilot
project assessment team, as specified, to undertake pilot projects
with the primary goal being to improve the state's collection,
organization, management, use, and distribution of vital
forestry-related information. The bill would require the pilot
projects to accomplish certain things, including enabling restoration
measures to be identified for listed anadromous salmonids, other
wildlife, watersheds, and forest health issues. The bill would
require the pilot projects to conclude on January 1, 2017. The bill
would require the pilot project assessment team to create a report of
its findings, conclusions, and recommendations and hold a public
meeting to discuss the report.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the AB 1492 Implementation Act for Forest Restoration,
Ecological Performance, and Program Efficiencies.
SEC. 2. The Legislature finds and declares all
of the following:
(a) There are numerous water bodies in California that have been
declared by the State Water Resources Control Board to be impaired
due to excessive sedimentation, high water temperatures, and
pollutants.
(b) Sequestration of carbon in forest lands is a vital component
of California's climate change strategy as articulated by the Climate
Action Team and the State Air Resources Board.
(c) The regions of California that have state or federally listed
anadromous salmonid species are often predominately forest lands that
are subject to the Z'berg-Nejedly Forest Practice Act of 1973,
pursuant to Chapter 8 (commencing with Section 4511) of Part 2 of
Division 4 of the Public Resources Code, for purposes of review and
approval of timber harvest plans. These plans include, but are not
limited to, timber harvest plans (THPs), nonindustrial timber
management plans (NTMPs), sustained yield plans (SYPs), and program
timberland environmental impact reports (PTEIRs).
(d) Important gains have been made in forest land resource
protection and conservation since the Z'berg-Nejedly Forest Practice
Act of 1973, including the application of the California
Environmental Quality Act (CEQA), and various state and federal water
quality and fish and game statutes and regulations.
(e) There are still opportunities for improvement by the
development of a comprehensive cumulative effects review process that
is conducted in cooperation with landowners and other stakeholders.
An effective cumulative effects review process can provide the
information necessary to restore and recover fish and wildlife
populations, to improve the quality and quantity of timber, to take
actions to reduce fire hazards, to sequester carbon, to produce
energy, and to create jobs.
(f) In 2012 the Legislature passed, and the Governor signed,
Assembly Bill 1492 (Chapter 289 of the Statutes of 2012). This law,
among other things, provided for the financing of the review and
approval process for the plans described in subdivision (c). Key
intent language in that law called for reform of that process to
ensure that efficiencies for that process were determined and
implemented, and that environmental performance was ensured.
(g) In addition and related to the key role of an improved
cumulative effects evaluation and response, cited above, there is a
need to determine effective and useful information organization and
accessibility, to enable recovery of the referenced forest and
watershed resources and to provide sets of adequate monitoring
protocols that meet the dual need for efficiencies and environmental
performance.
(h) Given the complexities, the involvement of multiple
stakeholders, and the need to make positive progress in the needed
reforms, it is necessary to undertake pilot projects that will enable
formalization of measures that will accomplish the efficiencies
referred to in subdivisions (f) and (g) and ensure environmental
performance consistent with the responsibilities and needs of each of
the stakeholders. The pilot projects conducted for purposes of this
act will have the following attributes:
(1) A multidisciplinary approach.
(2) Qualified representatives of the range of stakeholders.
(3) Rigorous procedures.
(4) Transparency.
(5) Appropriate and varied locales.
(6) Well-documented and thought-out goals, processes, and
findings.
SEC. 3. Article 5.5 (commencing with Section
4564) is added to Chapter 8 of Part 2 of Division 4 of the Public
Resources Code, to read:
Article 5.5. Watershed Pilot Projects
4564. (a) The board and the department, guided by the Natural
Resources Agency and the California Environmental Protection Agency,
in partnership with harvest plan review agencies, the range of public
stakeholders, and the scientific community, shall conduct pilot
projects to determine and implement processes that result in
long-term efficiencies and cost savings while ensuring environmental
performance that will protect and restore vital soil, water,
wildlife, timber, and forest values and resources.
(b) The pilot projects shall initially focus on:
(1) Reforming and standardizing requirements for vital information
on a CalWater planning watershed basis by establishing basic
templates for mapping and other information. The templates shall
provide basic and electronically accessible information deemed
necessary by the agencies, plan submitters, and the public to
understand and fulfill their legal responsibilities.
(2) Making the evaluation of and response to cumulative impacts
credible and effective.
(3) Enabling restoration measures to be identified for listed
anadromous salmonids and other wildlife, watersheds, and the forest
itself.
(4) Determining appropriate and effective monitoring procedures
and standards.
(c) The industry, agencies, and the public shall have the
opportunity to participate in the development and implementation of
the pilot projects in a transparent process.
(d) Initial pilot project results shall include the development of
guidelines for conducting a cumulative effects evaluation on a
planning watershed scale, and shall address the potential
project-specific planning watershed cumulative effects of timber
harvesting activities.
(e) All pilot projects shall:
(1) Take place at the appropriate spatial scale.
(2) Use reproducible, preferably quantitative, methods of
evaluation as the primary means of determining baseline, or existing
physical, chemical, or biological parameters, or both.
(3) Document the findings, conclusions, and recommendations.
(4) Be conducted by persons and entities with relevant training
and experience.
(5) Have consultation with, and seek comment from, appropriate
scientific experts and the public, including, but not limited to,
qualified fisheries and wildlife biologists, in order to develop
evaluation and implementation guidelines that are feasible,
enforceable, and protective of the public trust.
(6) Use information from the State of Washington's Watershed
Analysis Manual, the Methods Manual developed by the State of
California's North Coast Watershed Assessment Program, the Recovery
Strategy for California Coho Salmon, the National Oceanic and
Atmospheric Administration fisheries' recovery plans for California
evolutionarily significant units, the State Wildlife Action Plan, and
from other pertinent reports, programs, and guidance documents.
(7) Include significant primary goals such as to effectively
protect, maintain, and contribute to the restoration of properly
functioning habitats for recovery of listed species, restoration of
quality timberlands, or other goals deemed appropriate under Section
4564. Some of these goals may include reducing the risk of wildfire
with special consideration for human communities, reducing
sedimentation and soil loss, achieving long-term carbon sequestration
in on-site tree growth and other on-site forest carbon pools, and
protecting and restoring unique attributes of a given planning
watershed.
(f) Pilot projects shall be consistent with state and federal
mandates governing coho salmon recovery and restoration of impaired
water bodies. Pilot projects shall also reflect the established joint
policies between the board, the department, the Department of Fish
and Wildlife, and the Fish and Game Commission.
(g) Funding and personnel for the development and implementation
of pilot projects shall be provided from the department's existing
budget and personnel. Harvest plan review agencies participating in
the pilot project shall first utilize funds from any appropriation
made pursuant to subdivision (c) of Section 4629.6. Additional
funding shall be sought from private and public sources, statewide
and nationally, with an emphasis on receiving support from
educational institutions.
(h) All documents that form the basis for the pilot projects that
are developed pursuant to this section shall be posted on the
department's Internet Web site.
(i) Notwithstanding subdivision (h), findings, recommendations,
and actions resulting from pilot projects shall be publicly
accessible on the board's Internet Web site, along with copies or
links to public documents that provide additional relevant
information, including the scientific basis for analytical tools,
supporting science, and data that is relied upon in the guidelines.
4565. The board, with the assistance of a multidisciplinary
technical advisory committee, and in consultation with the Natural
Resources Agency, the California Environmental Protection Agency, and
other entities, as determined by the board, shall develop
recommendations and adopt regulations, if necessary, for providing
electronic public access to all relevant documents that assist the
department in administering timber harvest regulations, in ensuring
the protection and recovery of forest and watershed health and
productivity, and in monitoring. Watershed-specific information shall
be organized by the CalWater planning watersheds, which may then be
conglomerated into larger aggregations, as appropriate.
4566. (a) The pilot projects required by this article shall be
completed by January 1, 2017.
(b) The findings and recommendations of pilot projects shall focus
on the collection, organization, distribution, and use of
information that will more efficiently and effectively assist
cumulative effect analyses, post harvest monitoring, and forest
restoration activities. The goal of these recommendations shall be to
meet (1) the needs of each of the agencies and the public and
private stakeholders and (2) the criteria of creating efficiencies
and ensuring environmental performance.
(c) The findings and recommendations shall be presented at one or
more public hearings, depending on the scope and spacial extent of
those findings and recommendations. The initial hearing shall be
before the board, with all pilot project-involved agencies required
to be present.
(d) Upon making a finding that the recommendations satisfy the
goals specified in subdivision (b), the board shall implement the
recommendations. If the board determines that regulations are
necessary to implement those recommendations, the board, in
consultation with the department, the Department of Fish and
Wildlife, the State Water Resources Control Board, and the Department
of Conservation, shall adopt the regulations by January 1, 2018.
SECTION 1. Article 5.5 (commencing with Section
4564) is added to Chapter 8 of Part 2 of Division 4 of the
Public Resources Code , to read:
Article 5.5. Watershed Pilot Projects
4564. (a) By July 1, 2014, the Secretary of the Natural Resources
Agency and the Secretary for Environmental Protection, in
consultation with the state's timber harvest plan review agencies,
relevant federal agencies, and qualified stakeholders from the timber
industry and environmental and science communities, shall select a
pilot project assessment team to undertake the pilot projects
described in Section 4565.
(b) Before selecting the pilot project assessment team, the
Secretary of the Natural Resources Agency and the Secretary for
Environmental Protection shall hold at least one public meeting to
discuss the assessment team selection process and the general manner
in which the team will approach the projects. This meeting shall
occur at a special session hearing of the Board of Forestry and Fire
Protection.
(c) (1) The pilot project assessment team shall include all of the
following:
(A) Two representatives from each state agency that is regularly
involved in the timber harvest review process. If feasible, each
agency shall have representatives who, collectively, have expertise
in the sciences and art of cumulative impacts and the collection and
organization of data.
(B) If available, qualified representatives from federal agencies
involved in forestry issues.
(C) Two qualified representatives from the environmental
community.
(D) Two qualified representatives from the timber industry.
(E) Two registered professional foresters, one of whom shall have
experience with preparing harvest plans for landowners who are not
primarily engaged in the manufacture of forest products.
(F) Two scientists, including, but not limited to, qualified
fisheries and wildlife biologists.
(G) Two individuals from the watershed restoration practitioners
community.
(2) For each group of representatives, there shall be one person
who has experience with forestry issues in the Coast Forest District
and one person who has experience with forestry issues in the
Northern Forest District.
(d) (1) As approved by the Board of Forestry and Fire Protection,
members of the pilot project assessment team may be reimbursed for
their actual and necessary expenses incurred in the performance of
official business related to the pilot projects.
(2) Members of the pilot project assessment team shall not receive
more than five thousand dollars ($5,000) in any fiscal year.
(3) This subdivision shall not apply to a public employee whose
participation is consistent with his or her job description.
4565. (a) By July 1, 2015, the pilot project assessment team
shall undertake two pilot projects, one in a Coast Forest District
watershed containing Central California Coast Coho Salmon and one in
a Northern Forest District watershed in the Sierra Nevada, with the
primary goal of improving the state's collection, organization,
management, use, and distribution of vital forestry-related
information. The pilot project shall accomplish all of the following:
(1) Make the evaluation and response to cumulative impacts
credible and effective.
(2) Enable restoration measures to be identified for listed
anadromous salmonids, other wildlife, watersheds, and forest health
issues.
(3) Determine appropriate and effective post-harvest monitoring
procedures and standards.
(b) The pilot projects shall have a focus on (1) developing
efficiencies and cost savings for state agencies and landowners and
(2) improving the evaluation of ecological performance. The pilot
project assessment team may use the State of Washington's Watershed
Analysis Manual, the Methods Manual developed by the State of
California's North Coast Watershed Assessment Program, the Recovery
Strategy for California Coho Salmon, the National Oceanic and
Atmospheric Administration fisheries' recovery plans for California
evolutionarily significant units, the State Wildlife Action Plan, and
other pertinent reports, programs, and documents as guidance to the
extent that they do not conflict with this article.
(c) The pilot projects shall take place on a CalWater Planning
Watershed level. The pilot project assessment team shall select
watersheds that (1) are representative of both private and public
trust values and (2) will produce analyses that are transferable to
other watersheds.
(d) The pilot projects shall establish, to the extent feasible,
templates, consistent symbology, uniform mapping requirements, and
other requirements to bring information together (1) in a publically
accessible electronic database and (2) in a manner that meets the
basic needs of all stakeholders to make decisions on environmental
conditions and impacts.
(e) By January 1, 2015, the pilot project assessment team shall
develop a draft plan explaining the scope and process of the pilot
projects and hold at least one public hearing to discuss the draft
plan and take public comment.
(f) The pilot projects shall conclude on July 1, 2017.
4566. (a) By January 1, 2018, the pilot project assessment team
shall complete a draft report of its findings, conclusions, and
recommendations and hold at least one public meeting to discuss the
draft report and take public comment. This public meeting shall occur
at a special session hearing of the Board of Forestry and Fire
Protection.
(b) The pilot project assessment team's recommendations shall
include all of the following:
(1) Measures to develop a centralized database system that will
meet the goals described in subdivision (a) of Section 4565 and
contain the focus described in subdivision (b) of Section 4565.
(2) Guidance on how to incorporate the centralized database system
into processes that will meet the goals described in paragraphs (1)
to (3), inclusive, of subdivision (a) of Section 4565 and contain the
focus described in subdivision (b) of Section 4565.
(3) Identification of any impediments to implementing paragraphs
(1) and (2).
(c) By July 1, 2018, the pilot project assessment team shall have
completed the final report of its findings, conclusions, and
recommendations and hold a public meeting, no later than September 1,
2018, to discuss the final report.
(d) Prior to a public meeting held pursuant to subdivision (c),
the pilot project assessment team shall, at a minimum, make its
report and any supporting documents available to the public through
the department's Internet Web site.
(e) (1) No later than August 1, 2018, the pilot project assessment
team shall deliver copies of the final report to the Legislature.
(2) The requirement for submitting a report imposed pursuant to
paragraph (1) is inoperative on July 1, 2022, pursuant to Section
10231.5 of the Government Code.
(3) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 4. SEC. 2. Section 4629.6 of
the Public Resources Code is amended to read:
4629.6. Moneys deposited in the fund shall, upon appropriation by
the Legislature, only be expended for the following purposes:
(a) To reimburse the State Board of Equalization for its
administrative costs associated with the administration, collection,
audit, and issuance of refunds related to the lumber products and
engineered wood assessment established pursuant to Section 4629.5.
(b) To pay refunds issued pursuant to Part 30 (commencing with
Section 55001) of Division 2 of the Revenue and Taxation Code.
(c) To support the activities and costs of the department, the
Department of Conservation, the Department of Fish and Wildlife, the
State Water Resources Control Board, and regional water quality
control boards associated with the review of projects or permits
necessary to conduct timber operations. On or after July 1, 2013,
except for fees applicable for fire prevention or protection within
state responsibility area classified lands or timber yield
assessments, no currently authorized or required fees shall be
charged by the agencies listed in this subdivision for activities or
costs associated with the review of a project, inspection and
oversight of projects, and permits necessary to conduct timber
operations of those departments and boards.
(d) For transfer to the department's Forest Improvement Program,
upon appropriation by the Legislature, for forest resources
improvement grants and projects administered by the department
pursuant to Chapter 1 (commencing with Section 4790) and Chapter 2
(commencing with Section 4799.06) of Part 2 of Division 4.
(e) To fund existing restoration grant programs,
including programs with priority given to those
programs described in subdivision (b) of Section 6217.1
relating to salmon and anadromous trout species.
(f) To the department, upon appropriation by the Legislature, for
fuel treatment grants and projects pursuant to authorities under the
Wildland Fire Protection and Resources Management Act of 1978
(Article 1 (commencing with Section 4461) of Chapter 7 of Part 2 of
Division 4).
(g) To the department, upon appropriation by the Legislature, to
provide grants to local agencies responsible for fire protection,
qualified nonprofits, recognized tribes, local and state governments,
and resources conservation districts, undertaken on a state
responsibility area (SRA) or on wildlands not in an SRA that pose a
threat to the SRA, to reduce the costs of wildland fire suppression,
reduce greenhouse gas emissions, promote adaptation of forested
landscapes to changing climate, improve forest health, and protect
homes and communities.
SEC. 3. Section 6217.1 of the Public
Resources Code is amended to read:
6217.1. (a) This section and the process described in this
section governs the expenditure of any funds received by the State of
California from the federal government for the purposes of salmon
and steelhead trout conservation and restoration, the expenditure of
funds authorized for the Coastal Watershed Salmon Habitat Program
pursuant to Article 7 (commencing with Section 79104.200) of Chapter
6 of Division 26 of the Water Code, and the expenditure of funds
appropriated to the Department of Fish and Game for salmon and
steelhead trout conservation and restoration from the California
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Fund pursuant to Article 5 (commencing with Section
5096.650) of Chapter 1.696 of Division 5 of the Public Resources
Code.
(b) For purposes of this section, "project" means an activity that
improves fish habitat in coastal waters utilized by salmon and
anadromous trout species.
(c) (1) The Department of Fish and Game shall grant funds from the
Salmon and Steelhead Trout Restoration Account in the Resources
Trust Fund, as follows:
(A) At least 87.5 percent of the funds shall be allocated as
project grants through the existing grant program operated by the
fisheries management program of the Department of Fish and Game.
(B) Not more than 12.5 percent of the funds may also be used for
project contract administration activities and biological support
staff.
(2) (A) A project shall require the consent of a willing
landowner, and emphasize the development of coordinated watershed
improvement activities.
(B) Projects that restore habitat for salmon and anadromous trout
species that are eligible for protection as listed or candidate
species under state or federal endangered species acts shall be given
top funding priority.
(C) Projects shall be cost-effective and treat causes and not
symptoms of fish habitat degradation. Projects may implement
instream, riparian, water quality, water quantity, and watershed
prescriptions and shall be designed to protect and restore
the structure and function of fish habitat.
(3) Any grant funds allocated to a project that exceed the actual
cost of completing the project shall be returned to the Salmon and
Steelhead Trout Restoration Account.
(d) (1) A citizen's advisory committee shall be appointed by the
Director of Fish and Game to give advice on the grant program.
(2) The advisory committee shall consist of seven representatives
recommended by the California Advisory Committee on Salmon and
Steelhead Trout, one representative from the agriculture industry,
one representative from the timber industry, one representative of
public water agency interests, one academic or research scientist
with expertise in anadromous fisheries restoration, and three county
supervisors from coastal counties in which anadromous trout exist.
The county supervisor members shall be recommended by the California
State Association of Counties.
(3) The advisory committee shall provide oversight of, and
recommend priorities for, grant funding under this section. In making
funding decisions, the Department of Fish and Game shall consider
the project selection priorities established by the advisory
committee.
(4) Members of any advisory committee established for these
purposes shall be reimbursed for travel and incidental expenses
related to the performance of their duties under this section.
Reimbursement for the advisory committee created pursuant to this
section shall be made from the funds designated in subparagraph (B)
of paragraph (1) of subdivision (c). Reimbursement for other
Department of Fish and Game salmon and steelhead trout advisory
committees shall be funded by
appropriate sources.
(5) If a member of the advisory committee, or a member of his or
her immediate family, is employed by a grant applicant, the employer
of a grant applicant, or a consultant or independent contractor
employed by a grant applicant, the advisory committee member shall
make that disclosure to the other members of the committee, and shall
not participate in reviewing or making recommendations on the grant
application of that applicant.
(e) Except as provided in subdivision (f), the money in the Salmon
and Steelhead Trout Restoration Account shall be allocated as
follows:
(1) Not less than 65 percent of the money shall be used for salmon
habitat protection and restoration projects and training to
increase fisheries protection . Of that amount, at least 75
percent shall be used for watershed (upslope) and riparian area
protection and restoration activities. These activities may include,
but are not limited to, grants to acquire and install fish screens to
protect juvenile and adult salmon and steelhead trout from
entrapment in water diversions, and grants to remove substandard
culverts, stream crossings, and bridges that constitute barriers to
spawning of salmon and steelhead trout and passage of fish. These
funds may also be used for the acquisition, from willing sellers, of
conservation easements for riparian buffer strips along coastal
rivers and streams to protect salmon and steelhead trout habitat or
for projects that protect and improve water quality and quantity.
(2) Up to 35 percent of the money shall be allocated for any of
the uses listed in this paragraph.
(A) Watershed evaluation, assessment, and planning necessary to
develop a site-specific and clearly prioritized plan to implement
watershed improvements.
(B) Multiyear grants for watershed planning and project monitoring
and evaluations.
(C) Watershed organization support and assistance.
(D) Project maintenance and monitoring after the project
implementations are complete.
(E) Public school watershed and fishery conservation education
projects.
(F) Private sector technical training and education project
grants, including teaching private landowners about practical means
of improving land and water management practices that, if
implemented, will contribute to the protection and restoration of
salmon stream habitat; scholarship funding for workshops and
conferences that teach restoration techniques; operation of nonprofit
restoration technical schools; and production of restoration
training and education workshops and conferences.
(G) Fish and wildlife habitat improvements, as defined by Section
4793, and authorized under the California Forestry Incentive Program
(CFIP).
(H) The salmon restoration project of the California Conservation
Corps.
(I) The state's share of the federal Watershed Stewards Program.
(J) County salmonid conservation programs.
(J)
(K) Monitoring projects that utilize protocols approved
by the Department of Fish and Game and the National Marine Fisheries
Service (NMFS) to provide baseline or trend data, or both, for
anadromous fish populations or the physical and biological factors
known to be limiting recovery.
(K)
(L) Artificial propagation programs designed to restore
depleted stocks of salmonids that comply with the directives of the
joint Department of Fish and Game and NMFS Hatchery Operations Review
Committee.
(f) The advisory committee, in any fiscal year, may make a
recommendation to the Department of Fish and Game to allocate money
from the Salmon and Steelhead Trout Restoration Account for the
purposes stated in subdivision (e), but in different percentage
requirements than the 65/35 split stated in paragraphs (1) and (2) of
that subdivision. Following that recommendation, the Director of
Fish and Game may suspend the percentage requirements stated in
paragraphs (1) and (2) of subdivision (e) for that fiscal year only.