BILL ANALYSIS
AB 2376
Page 1
ASSEMBLY THIRD READING
AB 2376 (Huffman)
As Amended May 28, 2010
Majority vote
WATER, PARKS & WILDLIFE 9-2APPROPRIATIONS 12-5
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|Ayes:|Huffman, Arambula, |Ayes:|Fuentes, Ammiano, |
| |Blumenfield, Caballero, | |Bradford, |
| |Ruskin, | |Charles Calderon, Coto, |
| |Bonnie Lowenthal, Salas, | |Davis, Monning, Ruskin, |
| |Yamada, Fong | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Fuller, Tom Berryhill |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norb |
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SUMMARY : Requires the Secretary of the Natural Resources
Agency (NRA) to convene a committee to develop and submit to the
Governor and Legislature, a strategic vision for the Department
of Fish and Game (DFG) and the Fish and Game Commission (FGC).
Specifically, this bill :
1)Directs the Secretary of NRA to convene a committee to develop
and submit to the Legislature, by July 1, 2012, a strategic
vision for DFG and FGC.
2)Provides that the committee shall include the Secretary, the
Director of DFG, the President of the FGC, the Chair of the
California Energy Commission, a representative of the
University of California, and representatives of the U.S Fish
and Wildlife Service and the National Marine Fisheries
Service.
3)Requires that the strategic vision address specified matters
relating to fish and game management, including but not
limited to: biodiversity management and ecosystem functions;
permitting and regulatory functions; opportunities for
recreational and commercial harvest; scientific capacity;
relations with the public, landowners, nonprofits and other
land management agencies; reforms necessary to address
challenges of the 21st Century; use of technology and data
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systems; clarification of the roles of DFG and FGC; and
strategies for identifying other stable funding options to
reduce DFG's dependence on the General Fund.
4)Directs the committee to seek input from other entities and
interested parties, and review existing reports and other
state models.
5)Requires the Governor or the committee to appoint a "blue
ribbon" or citizen commission or task force, a stakeholder
advisory group and any other group the Governor or committee
deems necessary or desirable to assist in carrying out this
task. Requires that a stakeholder advisory group appointed
shall be broadly constructed to represent a diverse range of
interests as specified.
6)Requires the committee to seek funding from non-state entities
to minimize the use of state funds, and provides that this
bill shall be implemented only to the extent that nonstate
funds are available for that purpose.
7)Provides that this section shall sunset after the strategic
vision is submitted or January 1, 2015, whichever date is
later. Requires that the strategic vision be submitted in
compliance with Government Code Section 9795.
EXISTING LAW :
1)Establishes DFG as a department of the NRA, administered
through the director, with responsibility for managing and
conserving the state's fish and wildlife and their habitat.
Provides that the fish and wildlife resources of the state are
held in trust for the people of the state by and through DFG.
2)Establishes in the state constitution, Article IV, Section 20,
the FGC, composed of five members appointed by the Governor,
subject to Senate confirmation. Authorizes the Legislature to
delegate to the FGC such powers relating to the protection and
propagation of fish and game as the Legislature sees fit. The
Legislature has delegated to the FGC and to DFG various
responsibilities for the protection, management and regulation
of fish and game and their habitats.
3)Provides that the FGC shall formulate general policies for the
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conduct of DFG, and provides that the DFG director is to be
guided by those policies and responsible to the FGC for
administering DFG in accord with those policies.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potential one-time costs in 2011-12 of an unknown
amount, but likely in the range of several hundred thousand
dollars, the equivalent of at least three positions, to convene
the committee called for by this bill, fully covered by private
funds.
COMMENTS : The mission of DFG is to manage California's fish,
wildlife and plants, and the habitats upon which they depend,
for their ecological values and for their use and enjoyment by
the public. In addition to its traditional role of managing
fish and game activities, DFG is the state's lead public trustee
charged with conserving and restoring California's wildlife and
ecosystems. DFG's broad responsibilities have expanded and
become increasingly more complex over time. Today California is
the most populous and biologically diverse state in the nation.
As a result of population growth and associated development
pressures, and competing demands for finite natural resources,
California's environment has experienced unparalleled stressors
and resource conservation challenges. In addition, new
challenges such as the need to adapt to climate change and to
site renewable energy projects, has increased the work load of
DFG.
The author has introduced this bill with the long term goal of
improving and enhancing DFG's capacity and effectiveness in
fulfilling its public trust responsibilities for protection and
management of the state's fish and wildlife, for their
ecological values and for the benefit of the people of the
state. Numerous past reports and studies, including reports by
the Legislative Analyst's Office, the State Auditor, the Little
Hoover Commission and others have highlighted the need for
reform of DFG. The Assembly Water, Parks & Wildlife Committee,
on February 9, 2010, held a day-long informational oversight
hearing on DFG during which the committee reviewed DFG's many
mandates and emerging challenges, identified areas where
improvements are needed, and received recommendations on ways
that DFG's capacity, effectiveness and accountability could be
enhanced. A number of common themes emerged from the hearing,
including: the need for a dedicated, stable funding source; the
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need for new models to manage wildlife in an era of scarcity and
multiple threats; the importance of ensuring DFG has capacity to
fulfill its mission in light of the state's legal public trust
responsibility under the constitution to protect fish and
wildlife; the need for greater conservation planning efforts
statewide, including for monitoring and data collection; the
need for greater clarity between the roles of DFG and FGC; the
need to expedite, prioritize and incentivize the permitting
process for voluntary habitat restoration, including on private
lands; the need for increased on the ground game warden
enforcement capacity; the need to strengthen DFG's in-house
science capacity and partnerships with other academic
institutions, like UC and CSU; and the importance of database
system modernization, standardization, management, coordination
and public access.
While these and other common themes emerged from the hearing, it
was clear given the complexities, that a comprehensive review
and strategic analysis is needed. This bill provides a pathway
for developing that strategic vision, through creation of a
state agency-level committee that can look in depth at the
issues, with assistance of a blue ribbon or citizen commission
and other advisory groups. A process similar to this approach
was used to develop the Delta Vision and strategic plan.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0004694