BILL ANALYSIS
AB 571
Page 1
GOVERNOR'S VETO
AB 571 (Saldana)
As Amended August 17, 2009
2/3 vote
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|ASSEMBLY: |50-25|(May 26, 2009) |SENATE: |28-7 |(August 31, |
| | | | | |2009) |
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|ASSEMBLY: |50-24|(September 2, | | | |
| | |2009) | | | |
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Original Committee Reference: W., P. & W.
SUMMARY : Requires, for a period of six years beginning in 2010,
the payment of a $300 Lobster Management Enhancement Supplement
(LMES) fee as a condition of taking lobster for commercial
purposes, in addition to the purchase of a lobster permit.
Requires that revenues from the LMES be used to fund projects to
improve the long-term sustainability and management of the
California spiny lobster fishery, and establishes an advisory
committee to advise the Department of Fish and Game (DFG) on
project expenditures.
The Senate amendments modify the Assembly version as follows:
1)Revise the legislative findings to reference sustainability
rather than conservation.
2)Clarify that the $300 LMES fee required by this bill shall be
in addition to the $265 fee required for purchase of a lobster
permit under existing law.
3)Provide that the Implicit Price Deflator index that otherwise
applies to annual rates of increase or decrease in fish and
game license fees shall not apply to the LMES.
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4)Require that LMES revenues be deposited in the Lobster
Management Enhancement Account (LMEA) established by this
bill, which shall be an account within the Fish and Game
Preservation Fund.
5)Require that the funds in the LMEA shall be expended by DFG
exclusively for projects and programs to improve lobster
sustainability and management. Requires DFG to maintain
internal accountability and provide to the advisory committee
created by this bill an annual accounting of LMEA
expenditures, and to make the accounting available to the
public.
6)Require the advisory committee to develop a plan to prioritize
expenditures that support long-term sustainability or improved
management of the lobster fishery, and modify the types of
projects that may be funded by deleting reference to purchase
of lobster permits or trap certificates as an authorized
expenditure, and by including coordination and collaboration
within the fishery on new management approaches.
7)Delete the requirement for expenditures to be approved by the
Secretary of the Ocean Protection Council (OPC) and a majority
of the committee, and instead prohibit DFG from funding any
project the DFG director determines is inconsistent with the
priorities identified in this bill.
8)Limit DFG administrative overhead to 15% of annual account
expenditures.
9)Create an advisory committee known as the Lobster Management
Enhancement Committee and modify the makeup of the advisory
committee to include:
a) One member appointed by the DFG director who is a
representative of commercial lobster fishermen and
fisherwomen, or a biological scientist actively involved in
lobster research affiliated with a college or university in
California, chosen from a list of licensed lobster
permittees and scientists who have submitted their names
for consideration;
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b) Three members appointed by the California Lobster & Trap
Fishermen's Association; and,
c) The DFG director or their designee.
10)Require that all five members of the advisory committee or
their alternates shall be required to be present in order for
a vote of the advisory committee to be valid.
11)Delete the requirement for an annual report to the
Legislature.
12)Make other conforming amendments replacing references to the
OPC with the DFG.
13)Extend the effective period of the bill to 2016.
14)Establish detailed trap specifications for taking of spiny
lobsters.
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 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
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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 increased the base fee for
a lobster permit from $265 to $565, and provided that the
additional $300 of the fee would be a surcharge known as the
Lobster Management Enhancement Supplement. The surcharge
revenues would be required to be deposited in the LMEA which the
bill would create within the Ocean Protection Trust Fund.
Monies in the LMEA would be continuously appropriated to the OPC
for projects to improve lobster conservation and management, and
moneys in the account would be prohibited from being expended
for a project or program unless the expenditure was approved by
both the OPC Secretary and a majority of the members of the
Lobster Management Enhancement Advisory Committee. The Advisory
Committee would be appointed by the OPC, and consist of one
member representing commercial lobster fishermen and
fisherwomen, two members from the California Lobster and Trap
Fishermen's Association, the Secretary of the OPC, and the
director of DFG.
FISCAL EFFECT : According to the Senate Appropriations
Committee, annual increased fee revenues of $31,000 in the first
year, and $62,000 per year in subsequent years (dedicated
funds). Because this bill caps administrative costs at 15% of
expenditures ($9,000 per year), and administrative costs are
estimated at $40,000 per year, this bill would require
expenditure of non-dedicated funds in the FGPF to cover the
balance of administrative costs.
COMMENTS : This bill requires commercial lobster fishermen and
fisherwomen to pay an annual $300 supplemental fee as a
condition of taking lobsters. This bill is sponsored by
commercial lobster fishermen who are proposing to pay this fee
as a means of raising funds for projects and programs to support
long-term sustainability and enhancement of the lobster fishery.
This bill also specifies the types of projects that would be
eligible for funding, and establishes an advisory committee to
advise the DFG on fund expenditures. The main changes made in
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the Senate were to shift administration of the program from the
OPC to the DFG, and the addition of detailed specifications for
lobster trap requirements.
GOVERNOR'S VETO MESSAGE :
"This bill would establish a Lobster Management Enhancement
Supplement fee of $300 that commercial lobster fishermen and
women would be required to pay, in addition to their annual
lobster permit of $333. This supplement fee would be used to
assist the Department of Fish
and Game (Department) for lobster management activities and
would sunset on March 31, 2015.
"In addition to increasing by almost 90 percent the cost of a
commercial lobster permit, thereby potentially driving some
permitees out of the fishery, the bill would also impose new
mandates and obligations upon the Department that still would
not be adequately funded. For these reasons, I am unable to
sign this bill."
Analysis Prepared by: Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0003335