BILL ANALYSIS
AB 408
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CONCURRENCE IN SENATE AMENDMENTS
AB 408 (Saldana)
As Amended August 20, 2010
Majority vote
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|ASSEMBLY: |43-27|(January 27, |SENATE: |23-11|(August 30, |
| | |2010) | | |2010) |
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Original Committee Reference: W., P. & W.
SUMMARY : Requires the payment of a $300 Lobster Management
Enhancement Supplement fee as a condition of taking lobster for
commercial purposes, to be used to fund projects to improve the
long-term sustainability and management of the California spiny
lobster fishery. Creates an advisory committee to advise the
Department of Fish and Game (DFG) on project expenditures and to
develop a plan for prioritizing expenditures.
The Senate amendments :
1)Add legislative findings that improving the sustainability of
the spiny lobster fishery and development of a fishery
management plan will require greater funding than the revenues
this bill would generate, that the revenues this bill would
generate constitute the contribution of lobster permittees to
improving the spiny lobster fishery, and that these revenues
will need to be augmented with additional funding to improve
management of the fishery.
2)State that nothing in this bill shall obligate the DFG to
engage in a particular scientific, policy or planning effort.
3)Cap DFG administrative overhead charges from the Lobster
Management Enhancement Account at 24% of the amount collected
annually in the account.
4)Require the Lobster Management Enhancement Advisory Committee
(LMEAC) created by this bill to meet only once a year, but
authorize DFG to call additional meetings of the LMEAC as
determined necessary.
5)Strike the list of examples of projects that could be included
in the expenditure plan developed by the LMEAC.
AB 408
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6)Require that three members of the LMEAC and their alternates
shall be appointed by the director of DFG from a list of at
least four persons submitted by the membership of the
California Lobster and Trap Fishermen's Association.
7)Strike provisions modifying the mandatory size and wiring
specifications for lobster traps.
EXISTING LAW :
1)Prohibits the taking of lobsters for commercial purposes
without a valid lobster permit issued annually by 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 overutilization 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 bycatch; and specify
record keeping requirements.
AS PASSED BY THE ASSEMBLY , this bill required payment of a $300
supplemental fee to take lobster commercially, and required that
these fee revenues be deposited in a new account created in the
Fish and Game Preservation Fund (FGPF) and used to fund projects
to improve lobster sustainability and management. This bill
also created an advisory committee consisting of five members,
including three members to be appointed by the California
Lobster and Trap Fishermen's Association. The advisory
committee would be tasked with recommending projects to DFG and
with preparing a plan for prioritizing expenditures on projects
AB 408
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and programs that support long-term sustainability or improved
management of the fishery. Projects and programs funded could
include, but were not limited to: obtaining Marine Stewardship
Council sustainability certification; coordinating and
collaborating within the fishery on new management approaches,
as specified; repaying loans; conducting research; and preparing
a fishery management plan.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, increased fee revenues of $61,000 in both 2011/2012
and 2012/13, with $46,000 for fishery management project
expenditures and up to $15,000 for program administrative costs.
Additional estimated administrative costs of $10,000 (FGPF).
COMMENTS : The Senate amendments are consistent with Assembly
action and do not change the major provisions of the bill. The
amendments expand the legislative findings, raise the cap on DFG
administrative costs that can be covered by the new fund, strike
some of the specificity on the types of projects to be funded,
and require that members of the advisory committee be appointed
by the director of DFG, with recommendations from the California
Lobster and Trap Fishermen's Association. The Senate amendments
also deleted provisions modifying the mandatory size and wiring
specifications for lobster traps, which were amended into
another pending bill, AB 291 (Saldana).
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0006604