BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 408|
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THIRD READING
Bill No: AB 408
Author: Saldana (D)
Amended: 8/2/10 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 5-3, 6/22/10
AYES: Pavley, Lowenthal, Padilla, Simitian, Wolk
NOES: Cogdill, Hollingsworth, Huff
NO VOTE RECORDED: Kehoe
SENATE APPROPRIATIONS COMMITTEE : 7-3, 8/2/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Ashburn, Emmerson, Wyland
NO VOTE RECORDED: Walters
ASSEMBLY FLOOR : 43-27, 1/27/10 - See last page for vote
SUBJECT : Commercial fishing: lobster management
enhancement
SOURCE : California Lobster & Trap Fishermens
Association
Environmental Defense Fund
DIGEST : This bill creates a new supplemental fee to be
paid by commercial spiny lobster fisherman. Proceeds from
the fee will be expended by the Department of Fish and Game
on projects to improve the sustainability of the spiny
lobster fishery. The bill also creates an advisory
committee to provide input to the Department on expenditure
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of the fee revenues.
ANALYSIS :
Existing law
1. Prohibits the taking of lobsters for commercial purposes
without a valid lobster permit issued annually by the
Department of Fish and Game (DFG), and subject to
regulations adopted by Fish and Game Commission (FGC).
2. Establishes a base fee of $265 for a lobster permit,
which with statutorily authorized adjustments for
inflation is currently $333.25.
3. Establishes seasons, minimum size limits, and conditions
on the use of traps for the taking of lobsters.
4. Provides for suspension of commercial lobster permits by
DFG for violations. Authorizes the FGC to limit the
number of permits issued for the take of lobsters when
necessary to prevent over-utilization of the resource or
to ensure efficient and economic operation of the
fishery.
5. FGC regulations: establish qualifications for
transferable lobster permits; set procedures, timelines
and limits on permit transfers; establish restricted
lobster fishing areas; establish requirements for
release of by catch; and specify record keeping
requirements.
This bill:
This bill establishes a $300 supplemental fee, to be
collected in addition to the existing permit fee. Revenues
from the supplemental fee will be deposited in a new
account within the Fish and Game Preservation Fund. DFG is
authorized to spend revenues from the supplemental fee,
upon appropriation of the Legislature and with input from a
new advisory board, for projects and programs to improve
lobster sustainability and management. The bill caps
administrative expenses at 24 percent of revenues.
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The bill establishes the Lobster Management Enhancement
Advisory Committee, to be made up of representatives of
commercial lobster fisherman, other anglers, and a
scientist appointed by the Director of DFG. The Advisory
Committee is required to develop a plan that prioritizes
expenditures that support long-term sustainability of the
spiny lobster fishery and to recommend projects and
programs to DFG for funding.
The new supplemental fee is expected to raise about $61,000
per year. DFG estimates that costs for collecting the
supplemental fee and providing staffing to support the
expenditure of funds from the new account will be about
$25,000 per year. The bill caps administrative costs at 24
percent of expenditures ($14,500 per year). This bill
requires the expenditure of funds from the Fish and Game
Preservation Fund, Non-dedicated account to cover the
shortfall of about $10,500 per year.
The bill sunsets on January 1, 2017.
The bill also makes minor, technical changes to the
standards for lobster traps used in state waters.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Fee revenues ($61) ($61)Special *
Fishery management $46 $46Special *
projects
Allowed program administration $15 $15Special *
Additional administration cost $10
$10Special **
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* Fish and Game Preservation Fund, new dedicated account.
** Fish and Game Preservation Fund, Non-dedicated account.
SUPPORT : (Verified 8/3/10)
California Lobster & Trap Fishermen's Association (source)
Environmental Defense Fund (source)
Avicena Network, Inc.
California Fisheries Fund
Ocean Conservancy
Seven UCSB scientific marine researchers
ARGUMENTS IN SUPPORT : Supporters believe this bill is
needed to ensure sustainability and economic viability for
the future of the lobster fishery in California, and assert
that this bill establishes a reliable mechanism for
collecting assessments to fund projects to do so. Although
there is a growing network of collaborative fisheries and
science projects in California that is increasing capacity
to sustainably manage marine resources, supporters assert
there is need for a steady source of funds for programs to
support the lobster fishery.
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Chesbro, Coto,
Davis, De La Torre, Eng, Evans, Feuer, Fong, Fuentes,
Furutani, Galgiani, Hayashi, Hernandez, Hill, Huber,
Huffman, Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza,
Monning, Nava, John A. Perez, Portantino, Ruskin, Salas,
Saldana, Skinner, Solorio, Swanson, Torres, Torrico,
Yamada
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Cook, DeVore, Emmerson, Fletcher, Fuller,
Gaines, Garrick, Gilmore, Hagman, Harkey, Jeffries,
Knight, Logue, Miller, Nestande, Niello, Nielsen, Silva,
Smyth, Audra Strickland, Tran, Villines
NO VOTE RECORDED: Charles Calderon, Carter, Conway, De
Leon, Hall, V. Manuel Perez, Torlakson, Bass
CTW:do 8/3/10 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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