BILL ANALYSIS
AB 2376
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2376 (Huffman)
As Amended July 15, 2010
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |48-27|(June 2, 2010) |SENATE: |21-15|(August 31, |
| | | | | |2010) |
-----------------------------------------------------------------
Original Committee Reference: W., P. & W.
SUMMARY : 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 (DFG) and the Fish and Game Commission (FGC).
The Senate amendments :
1)Modify the scope of the committee's work to include
recommendations on improvements to the FGC in addition to DFG.
2)Delete the requirement that the committee to be created by
this bill seek funding from nonstate entities.
EXISTING LAW :
1)Establishes DFG as 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. 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
AB 2376
Page 2
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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required the Secretary of the Natural Resources Agency to
convene a committee to develop and submit to the Governor and
Legislature, a strategic vision for DFG and FGC by July 1,
2012. The committee would 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 United States Fish and
Wildlife Service and the National Marine Fisheries Service.
2)Called for the strategic vision to 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
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.
3)Required the Governor or the committee to appoint a "blue
ribbon" or citizen commission or task force, and a stakeholder
advisory group to assist in carrying out this task. The
committee was required to seek funding from non-state entities
to minimize the use of state funds, and provided that this
bill be implemented to the extent nonstate funds are available
for that purpose.
FISCAL EFFECT : According to the Senate Appropriations
Committee, estimated costs of $300,000 in 2011-12 (Special
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
AB 2376
Page 3
charged with conserving and restoring California's wildlife and
ecosystems. The author 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. While a number of 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 stakeholder advisory group. A process
similar to this approach was used to develop the Delta Vision
and strategic plan.
The Senate amendments are generally nonsubstantive. The
amendment deleting the requirement for the committee to seek
nonstate funds was taken in the Senate policy committee. The
policy committee analysis stated in part that "while this bill
represents an important step in focusing on ways to improve the
work of DFG and FGC,?the important role of the stakeholder
committee should not be dependent on private funding?The state
costs are admittedly minor, but the stakeholder process, which
is a required component of this bill, should not be dependent on
the identification of non-state funds."
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0006909