BILL ANALYSIS
AB 571
Page 1
ASSEMBLY THIRD READING
AB 571 (Saldana)
As Amended April 15, 2009
Majority vote
WATER, PARKS & WILDLIFE 10-2APPROPRIATIONS 11-5
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|Ayes:|Huffman, Fuller, Chesbro, |Ayes:|De Leon, Ammiano, Charles |
| |Blumenfield, Caballero, | |Calderon, Krekorian, |
| |Krekorian, Bonnie | |Fuentes, Monning, |
| |Lowenthal, John A. Perez, | |John A. Perez, Price, |
| |Salas, Yamada | |Skinner, Solorio, |
| | | |Torlakson |
|-----+--------------------------+-----+---------------------------|
|Nays:|Anderson, Fletcher |Nays:|Nielsen, Duvall, Harkey, |
| | | |Miller, |
| | | |Audra Strickland |
| | | | |
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SUMMARY : Requires, for a period of five years beginning in
2010, the payment of a $300 surcharge for purchase of a lobster
permit, thereby increasing the base permit fee to $565, to fund
projects to improve long-term conservation and management of the
California spiny lobster fishery. Specifically, this bill :
1)Increases the base fee for a lobster permit from $265 to $565,
and provides that $300 of the fee shall be a surcharge and
shall be known as the Lobster Management Enhancement
Supplement. Requires that the surcharge revenues received by
the Department of Fish and Game (DFG) shall be deposited
monthly, along with any interest earned on the revenues, in
the Lobster Management Enhancement Account (LMEA) which this
bill would create within the Ocean Protection Trust Fund.
Requires the additional $300 fee to be collected from April 1,
2010 to March 31, 2015, after which time the permit fee would
revert back to $265.
2)Provides that monies in the LMEA created by this bill shall be
continuously appropriated to the Ocean Protection Council
(OPC) for projects to improve lobster conservation and
management, and prohibits moneys in the account from being
expended for a project or program unless the expenditure has
been approved by both the OPC Secretary and a majority of the
AB 571
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members of the Lobster Management Enhancement Advisory
Committee.
3)Requires the OPC to appoint a Lobster Management Enhancement
Advisory Committee consisting of five members, including one
member representing commercial lobster fishermen or
fisherwomen, two from the California Lobster Trap Fishermen's
Association, the Secretary of the OPC, and the Director of
DFG.
4)Allows funds from the LMEA to be used for specified purposes,
including but not limited to, purchasing lobster permits or
trap certificates to address overcapitalization, obtaining
Marine Stewardship Council sustainability certification,
implementing new management approaches, repaying loans for
lobster fishery management improvement projects, conducting
research, and developing a lobster fishery management plan.
Authorizes funds to be used for DFG and OPC administrative
costs, not to exceed one percent of annual account revenues.
5)Authorizes the OPC to contract with or offer grants to
nonprofit commercial fishery organizations, and to act as
fiscal agent for the advisory committee. Requires OPC to
prepare and submit an annual report to the Lobster Management
Enhancement Advisory Committee and to the Legislature.
6)Authorizes the OPC to deposit funds in the LMEA from sources
other than the sale of commercial lobster permits, including
federal funds, private foundation grants, court settlement
funds, and donations from individuals, if the source of the
funds designates in writing that the funds are intended solely
for deposit to that account.
7)Provides that provisions of this bill shall remain in effect
only until January 1, 2016 unless extended.
8)States various legislative findings and declarations regarding
the importance of California's spiny lobster fishery, the
values of having commercial and recreational lobster fishermen
and associations participate in development of new approaches
to manage lobster fishing, and the need for a steady source of
funds for long term conservation and management projects.
EXISTING LAW :
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1)Prohibits the taking of lobsters for commercial purposes
without a valid lobster permit issued annually by DFG, and
subject to regulations adopted by the 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. 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.
FISCAL EFFECT : Annual revenue of approximately $60,000 from
2010-11 through 2014-15 to the LMEA, which revenues are
continuously appropriated to the OPC. Minor costs to DFG to
administer surcharges and to OPC to support the Lobster
Management Enhancement Advisory Committee.
COMMENTS : The purpose of this bill is to generate a steady
source of funds for programs that support the spiny lobster
fishery. This bill would provide a self-funded revenue stream
through fees paid by lobster fishermen to fund projects to
support the fishery. Members of the California Lobster Trap
Fishermen's Association voted to pursue a legislatively mandated
requirement that all commercial lobster fishermen be required to
pay a fee to generate a steady source of funds to benefit the
lobster fishery and to support conservation and management of
lobsters. The commercial spiny lobster fishery in California is
a limited access fishery.
Supporters assert this bill is needed to ensure sustainability
and economic viability for the future of the lobster fishery in
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California, and to establish a reliable mechanism for collecting
assessments to fund projects to do so. Supporters note that
although there is a growing network of collaborative fisheries
and science projects in California that is increasing capacity
to sustainably manage marine resources, there is still a need
for a steady source of funds for programs to support the lobster
fishery. One of the priority needs which revenues generated by
this bill could help fund is development of a fishery management
plan for lobsters.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN:
0000493