BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2615
                                                                  Page  1

          Date of Hearing:   April 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2615 (Chesbro) - As Amended:  April 6, 2010 

          Policy Committee:                              Water, Parks and  
          Wildlife     Vote:                            9-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill encourages the Ocean Protection Council (OPC) to give  
          priority for OPC assistance to specified fishing related  
          activities.  Specifically, this bill:

          1)States legislative intent that OPC give priority for  
            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.
             c)   Establishment of community fishing associations under  
               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 fishing gear.
             g)   Collaborative, cooperative 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. 

          2)Requires OPC to invite tribal representatives to participate  








                                                                  AB 2615
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            in consultations and to coordinate if a tribal fishery may be  
            affected.

          3)Defines "small boat" for purposes of the California Ocean  
            Protection Act to mean a commercial vessel of 52 feet or less  
            in length.

           FISCAL EFFECT  

             1)   Minor direct costs, if any.

             2)   Cost pressures of an unknown amount (bond funds).  This  
               is because, although existing law authorizes OPC undertake  
               the activities described by this bill, the bill would  
               require OPC to prioritize those activities.  The effect  
               might be to deemphasize other activities that OPC would  
               otherwise assist, thereby creating pressure to secure  
               additional funds to assist those latter activities.

           COMMENTS  

           1)Rationale  .  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. 
             
           2)Background  .  

             a)   Ocean Protection Council.   OPC is composed of the  
               Secretary of the Natural Resources Agency, the Secretary  
               for Environmental Protection, the Chair of the State Lands  
               Commission, and two public members appointed by the  
               governor.  Existing law directs OPC to coordinate  
               activities of state agencies related to protection and  
               conservation of coastal waters and ocean ecosystems, and to  
               improve the effectiveness of the state's efforts to protect  
               ocean resources.  
           
              b)   Ocean Protection Trust Fund.   OPC projects are funded  
               from the Ocean Protection Trust Fund (OPTF).  Priority  
               projects include development of scientific data needed to  
               adaptively manage the state's marine resources and  
               reserves, including the development of marine habitat maps,  








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               the development and implementation of projects to foster  
               sustainable fisheries using loans and grants, and the  
               development and implementation of projects to conserve  
               marine wildlife.  Funds in OPTF are mainly bond proceeds.   
               The types of projects this bill would prioritize are  
               generally within the authority of OPC and would be  
               authorized expenditures from the Ocean Protection Trust  
               Fund, but may not currently be given highest priority by  
               OPC.   

          3)Related Legislation.   AB 1217, Monning (Chapter 279, Statutes  
            of 2009) requires the OPC to establish a voluntary program to  
            assist California fisheries in becoming certified for  
            sustainable seafood based on internationally accepted  
            standards adopted by the Food and Agriculture Organization of  
            the United Nations.  The program includes development of a  
            protocol, adopted through a public process, to guide entities  
            in becoming certified, a market assistance program, and a  
            competitive grant and loan program to assist fishing entities  
            in qualifying for certification.  The program also includes  
            development of a label to identify and market seafood caught  
            in California that is sustainably certified to internationally  
            accepted standards.  

          4)Support.   This bill is supported by Pacific Coast Federation  
            of Fishermen's Associations.  

          5)There is no registered opposition to this bill .  
           
           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081