BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 571|
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THIRD READING
Bill No: AB 571
Author: Saldana (D)
Amended: 8/17/09 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 7-2, 7/6/09
AYES: Pavley, Kehoe, Leno, Padilla, Simitian, Wiggins,
Wolk
NOES: Benoit, Hollingsworth
NO VOTE RECORDED: Cogdill, Huff
SENATE APPROPRIATIONS COMMITTEE : 8-1, 8/17/09
AYES: Kehoe, Cox, Corbett, Denham, Leno, Oropeza, Wolk,
Yee
NOES: Walters
NO VOTE RECORDED: Hancock, Price, Runner, Wyland
ASSEMBLY FLOOR : 50-25, 5/26/09 - See last page for vote
SUBJECT : Commercial fishing: lobster management
enhancement
SOURCE : Environmental Defense Fund
California Lobster and Trap Fishermens
Association
DIGEST : This bill creates a new supplemental fee to be
paid by commercial spiny lobster fishermen. Proceeds from
the fee will be expended by the Department of Fish and Game
on projects to improve the sustainability of the spiny
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AB 571
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lobster fishery. The bill also creates an advisory
committee to provide input to the Department of Fish and
Game on expenditure of the fee revenues.
ANALYSIS : Section 8253 of the Fish and Game Code
requires that a person hold a permit for the taking of
spiny lobsters for commercial purposes. The base price for
commercial permits costs $265 ($33.25 adjusted for
inflation) and a crew member permit is $125 ($157.90
adjusted for inflation). The Department of Fish and Game
(DFG) may limit the number of commercial lobster permits to
prevent over utilization or to ensure efficient and
economic operation of the fishery.
It is illegal under Section 8253 of the Fish and Game Code
to pickle, can or otherwise preserve any spiny lobster
except for freezing. Spiny lobsters may be cooked for
consumption in the "fresh state."
This bill:
1.Adds, commencing April 1, 2010 and sunsetting March 31,
2015, a $300 supplemental commercial permit fee to be
deposited into the Lobster Management Enhancement
Account (LEMA) within the Fish and Game Preservation
Fund.
2.Suggest as potential uses of the LMEA, the obtaining of
Marine Stewardship Council sustainability certification
and the preparation of a lobster fishery management
plan.
3.Creates the Lobster Management Enhancement Advisory
Committee (advisory committee) which would consist of
the Director of DFG or his/her designee, one
representative of the state's commercial lobster
fishermen who is a biological scientist active in
lobster research, and three representatives for
commercial lobster fishermen.
4.Requires the advisory committee to develop a plan that
prioritizes expenditures on projects and programs that
support long-term sustainability or improved management,
or both, of the California spiny lobster fishery.
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5.Requires that all five members of the advisory committee
be present for a vote to be valid.
6.Restricts DFG overhead to 15 percent of the account's
annual expenditures.
7.Allows the LMEA to also receive deposit of grants from
the federal government, private foundations, court
settlements, and donations.
8.Requires money in the account, upon appropriation by the
Legislature, be expended by DFG exclusively for projects
and programs to improve lobster sustainability and
management.
9.Requires DFG to maintain the internal accountability
necessary to ensure that expenditure of funds from the
account is consistent with the requirements and purposes
of this bill.
10.Requires DFG to annually provide to the advisory
committee a full accounting of expenditures from the
account and make that information available to the
public.
11.Sunsets the whole article relating to the management of
the commercial lobster fishery on January 1, 2016.
12.Revises the prescribed dimensions of wire lobster traps,
and adds provisions relating to the use of a wire to
hold the escape gap in place.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Fee revenues ($31) ($62)
($62) Special*
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Fee administration $ 5 $ 9
$ 9 Special*
Fishery management $26 $53
$53 Special*
Projects
Program management $15 $30
$30 Special**
& other administration
*Fish and Game Preservation Fund, new dedicated account.
**Fish and Game Preservation Fund,, non-dedicated account.
SUPPORT : (Verified 8/17/09)
Environmental Defense Fund (co-source)
California Lobster and Trap Fishermen's Association
(co-source)
American Albacore Fishing Association
Avicena Network, Inc.
California abalone Association, Inc.
California Fisheries Fund
Dana Cove Commercial Fisherman's Association
The Nature Conservancy
Ocean Conservancy
SB Seafood
ARGUMENTS IN SUPPORT : The author's office states,
"California lobster fishermen are interested in engaging in
and funding projects that would promote the long-term
conservation of the fishery while increasing fishing
profitability. A significant obstacle to doing so is the
fishermen's ability to establish a reliable mechanism for
collecting assessments to fund these projects on their own.
To address this problem, members of the commercial lobster
fishermen's trade group - the California Lobster and Trap
Fishermen's Association - vetoed in summer 2008 to pursue a
new, legislatively-required stamp on commercial lobster
permits, which would generate a steady source of funds to
be used for programs that support the lobster fishery."
ASSEMBLY FLOOR :
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AYES: Ammiano, Arambula, Beall, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Coto, Davis, De La Torre, De Leon, Eng,
Evans, Feuer, Fong, Fuentes, Fuller, Furutani, Galgiani,
Hall, Hayashi, Hernandez, Hill, Huffman, Jones,
Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, John A. Perez, Portantino, Price, Ruskin, Salas,
Saldana, Skinner, Solorio, Swanson, Torlakson, Torres,
Torrico, Yamada
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Cook, DeVore, Fletcher, Gaines, Garrick,
Gilmore, Hagman, Huber, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Nielsen, Silva, Smyth, Audra
Strickland, Tran, Villines
NO VOTE RECORDED: Duvall, Emmerson, Harkey, V. Manuel
Perez, Bass
JJA:cm 8/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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