BILL ANALYSIS
AB 2615
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Date of Hearing: April 13, 2010
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AB 2615 (Chesbro) - As Amended: April 6, 2010
SUBJECT : Ocean Resources: Fishing
SUMMARY : Encourages the Ocean Protection Council (OPC) to give
priority for assistance from the OPC to specified fishing
related priorities, and makes Legislative findings regarding
local sustainable fisheries. Specifically, this bill :
1) States Legislative intent that the OPC give priority for
Council assistance to:
a) Marketing and certification of California sustainable
seafood and promotion of seasonal locally caught seafood.
b) Establishment of fishery marketing commissions or
councils for single or multiple fish species.
c) Establishment of community fishing associations under a
federal limited access privilege program.
d) Development of fishing gear that minimizes bycatch.
e) Development of hook and line fishing gear that can be
operated without negatively affecting species of concern
within the federal Rockfish Conservation Zone and other
closed federal fishing zones.
f) Programs to minimize loss of and to retrieve lost
fishing gear.
g) Collaborative, cooperative research programs involving
fishing men and women and their vessels for research,
stock assessments and data collection related to Marine
Protected Areas.
h) Additional priorities established by the OPC, in
consultation with the Department of Fish and Game (DFG),
the Fish and Game Commission (FGC), and fishing fleet
representatives, to improve the state's commercial and
recreational fisheries. Requires OPC to invite tribal
fishery representatives to participate in priority
development.
2) Defines "small boat" for purposes of the California Ocean
Protection Act to mean a commercial vessel of 52 feet or less
in length.
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3) Makes Legislative findings and declarations:
a) Regarding the benefits of the ocean to the people of
California, the production and consumption of seafood in
the state, and the sustainable practices of California
fisheries.
b) That access to sustainable harvest of state fish stocks
may be restricted by lack of development of fishing gear
that minimizes bycatch and impacts to marine habitat, or
fosters high-value, low-volume commercial fisheries, and
federal fishery management plans that consolidate the
number of vessels and fishery participants and reduce
local community access to fish for local ports.
c) Declaring it is the policy of the state to: maintain
optimal fish and shellfish populations for sustainable
harvest and access to locally caught seafood; promote
development of fishing gear that reduces bycatch,
promotes small boats, and reduces lost fishing gear;
protect access of California ports to sustainably
harvested, locally caught and processed seafood; and
protect access to state fisheries by traditional fishery
participants, maximize employment opportunities within
the fisheries, and promote small fishing boat operations.
EXISTING LAW :
1) Establishes the OPC to coordinate activities of state
agencies related to protection and conservation of coastal
waters and ocean ecosystems to improve effectiveness of state
efforts to protect ocean resources, to coordinate scientific
data, and to identify changes in federal law and policy
necessary to improve, protect, conserve, and restore ocean
ecosystems.
2) Requires OPC to develop and implement a voluntary
sustainable seafood promotion program, including a protocol
for independent certification, a marketing assistance program,
a grant and loan program, and design of a label for
independently certified sustainable seafood caught in
California.
3) Establishes the Ocean Protection Trust Fund which can be
used for projects to, among other things, eliminate threats to
ocean ecosystems, improve fisheries management, foster
sustainable fisheries, encourage development and use of
AB 2615
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selective fishing gear, and improve coastal water quality.
4) Under the Marine Life Management Act (MLMA), requires state
fisheries to be managed with goal of sustainability to achieve
specified objectives, including, among other things:
long-term health of the resource and marine habitat; adaptive
management based on best available science; limit bycatch;
observe long-term interests of people dependent on fishing for
food, livelihood or recreation; consider local knowledge;
minimize adverse impacts on small scale fisheries, coastal
communities, and local economies; and strongly encourage
collaborative and cooperative approaches to management
involving fishery participants and other interested parties.
FISCAL EFFECT : Unknown
COMMENTS : The author indicates the purpose of this bill is to
set priorities for the OPC following passage of AB 1217 on
certification of California sustainable seafood, and to identify
a segment of the sustainable fishing fleet, in particular small
boats, that may be treated differently due to their lower
environmental impact. This bill also encourages the OPC to
focus on certain priorities that support sustainable fisheries,
with an emphasis on locally caught, smaller scale fisheries.
A number of the priorities highlighted by this bill are to an
extent already recognized in state law in the objectives of the
MLMA. For example, as described above, the goals of the MLMA
include that fisheries be sustainably managed while minimizing
impacts on small fisheries, coastal communities and local
economies, and encourage collaborative and cooperative
approaches to fishery management that include fishery
participants. However, the degree to which these objectives
have been realized in practice is questionable. A recent draft
report commissioned by the state entitled "MLMA: Lessons
Learned" acknowledged that after some initial early progress,
the MLMA has remained largely unimplemented, with only 3 fishery
management plans completed in over 15 years. The report also
found there was a general lack of trust between fishery
participants and state fishery agencies that impeded progress on
collaborative efforts.
The types of projects this bill would prioritize for OPC
assistance are generally within the authority of OPC and would
be authorized expenditures from the Ocean Protection Trust Fund,
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but may not currently be given highest priority by OPC. OPC's
current 5 year strategic plan identifies a number of key
objectives under six general categories of governance, research
and monitoring, water quality, habitat restoration, ecosystems,
and education. Under the ecosystem category, OPC has identified
several key objectives, including support for implementation of
the Marine Life Protection Act (MLPA), implementation of the
MLMA, market-based fisheries, including new fishing techniques
to reduce bycatch, and sustainable economic activity. Actions
under sustainable economic activity include preserving working
harbors through infrastructure investments such as small-scale
processing facilities. The OPC website indicates several such
projects are currently underway. The California Fisheries Fund
was created to provide financial support for just such purposes,
including loans to fishing associations, infrastructure loans
and business loans, including for fishing gear to reduce
bycatch, local port processing, and market assistance. The
OPC's program priorities document for 2009-10 provides further
detail on sustainable fisheries management and the types of
projects OPC has prioritized for funding, which include but are
not limited to market-based approaches to preserving
California's marine resources and fishing heritage, and
collaborative fisheries research. Thus, it appears the OPC is
currently engaged at least some extent in activities this bill
highlights.
The priority given by this bill for the state to engage in
collaborative research projects involving fishing men and women
and their vessels in research and data collection related to
marine protected areas has been implemented to a limited extent
by DFG with some contracts. This approach can both provide an
alternative employment opportunity for fishing participants
whose traditional fishing activities have been restricted, as
was the case with the salmon season closures the past two years,
and potentially provide the state with access to additional
resources and assistance for marine research at reduced costs to
the state.
REGISTERED SUPPORT / OPPOSITION :
Support
Pacific Coast Federation of Fishermen's Associations
Opposition
AB 2615
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None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096