BILL ANALYSIS
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THIRD READING
Bill No: AB 2376
Author: Huffman (D)
Amended: 7/15/10 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 6-3, 6/29/10
AYES: Pavley, Kehoe, Lowenthal, Padilla, Simitian, Wolk
NOES: Cogdill, Hollingsworth, Huff
SENATE APPROPRIATIONS COMMITTEE : 10-0, 8/2/10
AYES: Kehoe, Alquist, Ashburn, Corbett, Emmerson, Leno,
Price, Wolk, Wyland, Yee
NO VOTE RECORDED: Walters
ASSEMBLY FLOOR : 48-27, 6/2/10 - See last page for vote
SUBJECT : Fish and wildlife: strategic vision
SOURCE : Author
DIGEST : This bill requires the Secretary of the Natural
Resources Agency to convene a committee to develop and
submit to the Governor and Legislature, a strategic vision
for the Department of Fish and Game and the Fish and Game
Commission.
ANALYSIS : Existing law:
1.Establishes the Department of Fish and Game (DFG) as a
department of the Natural Resources Agency, administered
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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 Fish and Game Commission (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 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.
This bill:
1.Directs the Secretary of the Natural Resources Agency 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, by both DFG
and the FGC, 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
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management agencies; reforms necessary to address
challenges of the 21st Century; use of technology and
data 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.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.
Background
DFG is a department of the State Natural Resources Agency,
administered through the director, with responsibility for
managing and conserving the state's fish and wildlife and
their habitat. The California Fish and Game Code states
that the fish and wildlife resources of the state are held
in trust for the people of the state by and through DFG.
Among its many activities are: conducting biological and
field investigations, operation of fish hatcheries,
licensing for hunting and fishing, wildlife disease
investigation, review of CEQA documents that affect
streambed alterations or wildlife habitat, review of timber
harvest plans, land management for lands under its
jurisdiction, habitat planning and management, enforcement
of wildlife protection and hunting and fishing laws, and
oil spill planning, enforcement, and response.
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The state constitution, Article IV, Section 20, created the
FGC, composed of five members appointed by the Governor,
subject to Senate confirmation. Section 200 of the Fish
and Game Code delegated to the FGC powers relating to the
protection and propagation of fish and game. Elsewhere,
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. For
example, the FGC is generally granted the power to regulate
hunting and fishing seasons.
State law provides that the FGC shall formulate general
policies for the 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 : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Staff support & expenses $300 Special*
*Fish and Game Preservation Fund
SUPPORT : (Verified 8/31/10)
Green California
California Fish and Game Commission
Audubon California
California Coastkeeper Alliance
California Council of Land Trusts
California Trout
Defenders of Wildlife
Monterey Bay Aquarium
Pacific Coast Federation of Fishermen's Associations
The Nature Conservancy
The Sportfishing Conservancy
Trout Unlimited
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Trust for Public Land
OPPOSITION : (Verified 8/31/10)
Association of California Water Agencies
ARGUMENTS IN SUPPORT : Defenders of Wildlife states that
DFG's previous reliance on hunting and fishing revenues is
inadequate for its contemporary tasks and that the result
of a strategic planning process could help both DFG and FGC
again be leaders in natural resource protection and
stewardship.
California Council of Land Trusts notes that California is
home to approximately 110,000 species of plants and
animals, of which more than 350 are threatened or
endangered. Additionally, the state's extensive waterways,
wilderness areas, and other public lands are an integral
part of the state's infrastructure and deserve the best
management and oversight that can be provided.
ARGUMENTS IN OPPOSITION : The Association of California
Water Agencies (ACWA) believes that DFG should be supported
with increased general fund revenues and that the search
for other DFG funding sources could result in higher fees
paid by its members, which ACWA would oppose.
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De
Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani, Hall,
Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, V. Manuel Perez,
Portantino, Ruskin, Salas, Saldana, Skinner, Solorio,
Swanson, Torlakson, Torres, Torrico, Yamada, John A.
Perez
NOES: Adams, Anderson, Bill Berryhill, Blakeslee, Conway,
Cook, DeVore, Emmerson, Fletcher, Fuller, Gaines,
Garrick, Gilmore, Hagman, Harkey, Jeffries, Knight,
Logue, Miller, Nestande, Niello, Nielsen, Norby, Silva,
Smyth, Tran, Villines
NO VOTE RECORDED: Tom Berryhill, Galgiani, Lieu, Audra
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Strickland
CTW:nl 8/31/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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