BILL ANALYSIS
AB 1052
Page 1
ASSEMBLY THIRD READING
AB 1052 (Caballero)
As Introduced February 27, 2009
Majority vote
WATER, PARKS & WILDLIFE 12-0
APPROPRIATIONS 17-0
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|Ayes:|Huffman, Fuller, |Ayes:|De Leon, Nielsen, Ammiano, |
| |Anderson, Chesbro, | | |
| |Blumenfield, Caballero, | |Charles Calderon, Davis, |
| |Fletcher, Krekorian, | |Duvall, Fuentes, Hall, |
| |Bonnie Lowenthal, | |Harkey, Miller, |
| |John A. Perez, Salas, | |John A. Perez, Price, |
| |Yamada | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
|-----+--------------------------+-----+---------------------------|
| | | | |
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SUMMARY : Repeals the sunset on provisions of existing law
authorizing expenditure of funds from the Bay-Delta Sport
Fishing Enhancement Stamp Account for projects to benefit
Bay-Delta sport fisheries, and providing for a Stamp Advisory
Committee. Specifically, this bill :
1)Repeals the sunset on provisions of existing law authorizing
expenditure of funds from the Bay-Delta Sport Fishing
Enhancement Stamp account for projects to benefit Bay-Delta
sport fisheries and providing for a Stamp Advisory Committee,
allowing these provisions to continue indefinitely, but
retains the January 1, 2010 sunset on the requirement to
purchase the stamp.
2)Requires the Department of Fish and Game (DFG) to implement
recommendations of the state auditor contained in an October
2008 audit of the Bay-Delta Sport Fishing Enhancement Stamp
program, and requires DFG to report to the Legislature by an
unspecified date on compliance status, including development
of a plan for expenditure of available stamp revenues.
EXISTING LAW :
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1)Until January 1, 2010, requires the purchase of a Bay-Delta
Sport Fishing Enhancement Stamp to sport fish in the tidal
waters of the San Francisco Bay-Delta and the main stem of the
Sacramento and San Joaquin Rivers, including major
tributaries, below the most downstream dam. Requires fee
revenue from sale of the stamps to be deposited in a separate
account within the Fish and Game Preservation Fund, and to be
spent for the long-term sustainable benefit of the primary
Bay-Delta sport fisheries, including but not limited to
striped bass, sturgeon, black bass, halibut, salmon, surf
perch, steelhead trout and American shad. Requires
expenditures to benefit sport fishing populations, sport
fishing opportunities, and anglers within that geographic
area, consistent with endangered species laws and the
ecosystem restoration component of CALFED. Funds are to be
used to augment and not replace funding that would otherwise
be allocated to Bay-Delta sport fisheries from other sources.
2)Requires the DFG director to appoint a Bay-Delta Sport Fishing
Enhancement Stamp Fund Advisory Committee consisting of nine
members representing Bay-Delta anglers, which shall make
recommendations to DFG for projects and budgets. Requires DFG
to give full consideration to the committee's recommendations.
3)Requires DFG to give an annual accounting to the Legislature
on the fund and projects.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, continued expenditure of $7 million remaining in the
Bay-Delta Sport Fishing Enhancement Stamp Account, beyond the
current sunset date of January 1, 2010. Minor, absorbable costs
to DFG to report to the Legislature on compliance with this
bill.
COMMENTS : The Bay-Delta Sport Fishing Enhancement Stamp
replaced the prior Striped Bass Stamp in 2003. Sales of the
stamp have generated over $8 million dollars of revenue intended
for use on projects for the long-term sustainable benefit of
Bay-Delta sport fisheries. The State Auditor conducted an audit
of the program in 2008 at the request of the Legislature. The
auditor's review of DFG's administration of the Bay-Delta Stamp
program included the following findings: 1) DFG's use of the
money collected from fish stamp sales has been limited, and DFG
and the fish stamp advisory committee have been slow in
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identifying and approving projects; 2) as of June 30, 2008, the
fish stamp account had an unspent balance of over $7 million,
although a portion of this amount was committed to approved
projects that had not yet been funded; 3) DFG does not have an
accurate accounting of either its administrative expenditures or
individual project expenditures for the program, and periodic
reports DFG provides to the committee do not include all the
required information; and, 4) during fiscal years 2005-06
through 2007-08 DFG spent an estimated $201,000 in fish stamp
funds to pay for payroll costs and goods and services unrelated
to fish stamp activities.
The audit included a number of specific recommendations to
address these deficiencies which are spelled out in this bill.
The DFG Director, in a written response to the audit agreed with
many of the audit recommendations and indicated DFG was in the
process of implementing changes. The author has introduced this
bill to ensure DFG follows the recommendations of the audit, and
to extend the operative date on the sections of law authorizing
expenditure of the monies in the fund and the existence of the
advisory committee, which would otherwise sunset at the end of
this year. This bill, as currently drafted, does not extend the
sunset on the requirement for purchase of the stamp.
Multiple fish species in the Delta have recently experienced
precipitous declines, including native species such as Delta
smelt and Central Valley Chinook salmon, but other sport fish
species such as striped bass and American shad are also in
decline. Multiple factors and stressors are suspected to be
contributing to these declines, including overall deteriorating
conditions in the Bay-Delta and its tributaries, pesticides and
other water quality pollutants, increased pumping of fresh water
from the Delta, invasive species and ocean conditions. Revenue
from the Bay-Delta Sport Fishing Enhancement Stamp provides one
source of funds, paid for by sport fishing men and women, for
projects that may help provide some long-term sustainable
benefit to these sport fish species.
The Legislature previously approved AB 2162 (Mullin), Chapter
637, Statutes of 2008, which extended the effective date of the
Bay-Delta stamp from January 1, 2009 to January 1, 2010.
AB 1052
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Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0001191