BILL ANALYSIS 1
-----------------------------------------------------------------
| |
| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
| |
-----------------------------------------------------------------
BILL NO: AB 1052 HEARING DATE: July 6, 2009
AUTHOR: Caballero URGENCY: No
VERSION: July 1, 2009 CONSULTANT: Marie Liu
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Bay-Delta Sport Fishing Enhancement Stamp.
BACKGROUND AND EXISTING LAW
Section 7360 of the Fish and Game Code requires any person
fishing within the tidal waters of San Francisco Bay Delta and
the main stem of the Sacramento and San Joaquin Rivers below the
most downstream dam to hold a valid fishing license with a
Bay-Delta Sport Fishing Enhancement Stamp (Bay-Delta stamp). The
Bay-Delta stamp was created in 2003 in SB 692 (Kuehl) to succeed
the striped bass stamp. The stamp currently costs $6.30. In
2007-8, there was a total of $1.6 million deposited into the
Fund from the sale of Bay-Delta stamps.
Proceeds from the Bay-Delta Stamp are deposited in a separate
account in the Fish and Game Preservation Fund (Fund) and may
only be expended for the "long-term, sustainable benefit" of the
primary Bay-Delta sport fisheries including salmon, surf perch,
steelhead trout, striped bass, sturgeon, and black bass.
Expenditures must benefit sport fish populations in a manner
that is consistent with the California Endangered Species Act,
the federal Endangered Species Act, the ecosystem restoration
component of CalFed, and commission policies.
Section 7362 establishes a Bay-Delta Sport Fishing Enhancement
Stamp Fund Advisory Committee (advisory committee), consisting
of nine members that are selected by the DFG director from a
list of persons submitted by anglers and associations
representing Bay-Delta anglers. The advisory committee members
serve for no more than four years at the discretion of the
director. Members must have experience in "subjects of specific
value to the committee" and attempt to balance the perspective
of different anglers. The advisory committee is charged with
recommending to DFG projects and budgets for the expenditure of
the Bay-Delta stamp fund.
Additionally, under 7362, beginning this year, DFG is required
to submit to the advisory committee and the Legislature a report
accounting the following: the Bay-Delta stamp funds generated
and expended, the status of projects that are undertaken with
Bay-Delta stamp funds, and the rationale for any expenditure
that DFG undertakes that did not follow the recommendations of
the advisory committee. This year's report has not yet been
received by the Legislature.
The Bay-Delta stamp was originally set to sunset on January 1,
2009; however, AB 2162 (Mullin, Statutes of 2008) extended the
program for one year to 2010 in order to allow the Legislature
to review the findings of a pending audit. The State Auditor
submitted its audit on the program in October 2008.
PROPOSED LAW
This bill would codify recommendations from the state audit to
improve expenditures of the Bay-Delta Stamp Fund as well as
accounting of those expenditures. Specifically this bill would:
Extend the sunset of the Bay-Delta Stamp to January 1, 2012.
Require DFG, in consultation with the advisory committee, to
develop a spending plan by January 31, 2010, and to provide a
copy of the plan to the Legislature.
Require greater tracking and accountability of fund
expenditures.
Require DFG to correct inappropriate previous expenditures of
the Bay-Delta Stamp Fund.
Adds administrative expenditures to the information that must
be included in DFG's annual report.
Require DFG to put information on the funded projects on their
website.
Require DFG to establish a grant program that reflects
spending priorities for the fund as determined with the
advisory committee. The advisory committee will also be
required to review all applications and to provide
recommendations to DFG.
ARGUMENTS IN SUPPORT
The author states that the intent of this bill is to require DFG
to follow the State Auditor's recommendations to address
concerns with DFG's handling of stamp funds, including
inadequate monitoring of fish stamp project activity, incomplete
expenditure reports, and inappropriate charges funded from the
stamp program.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Findings of the 2008 State Audit of the Bay-Delta Stamp Program:
The auditor found that DFG has been slow in using revenues from
fish stamp sales and slow in identifying and approving projects.
As a result, as of June 2008, the fund had generated $8.6
million in revenue and interest, yet only 17 projects for a
total of $1.6 million have been authorized, leaving a surplus of
$7 million. The auditor found that DFG's accounting for project
activity or administrative expenditures was inadequate and, at
times, inaccurate. Periodic reports from DFG to the advisory
committee did not include project expenditures or detailed
information on project status. Additionally, the auditor found
that the advisory committee has been slow to identify and
recommend projects. The audit made a number of recommendations
to improve accounting, improve reporting, and correct charges to
the Bay-Delta Stamp fund and the General Fund. The requirements
that would apply to DFG in this bill closely mirror the
auditor's recommendations.
Technical amendment: The committee may wish to adopt an
amendment that would not limit the time that the advisory
committee receives to review a draft public solicitation notice.
SUGGESTED AMENDMENTS
AMENDMENT 1
On page 4, line 8, delete "10 days" and insert:
an opportunity
SUPPORT
Allied Fishing Groups (Sponsor)
California Sport Fishing Protection Alliance
OPPOSITION
None Received