BILL ANALYSIS
AB 2615
Page 1
ASSEMBLY THIRD READING
AB 2615 (Chesbro)
As Amended April 6, 2010
Majority vote
WATER, PARKS & WILDLIFE 9-3
APPROPRIATIONS 10-5
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|Ayes:|Huffman, Arambula, |Ayes:|Fuentes, Ammiano, Coto, |
| |Blumenfield, Caballero, | |Davis, Bonnie Lowenthal, |
| |Ruskin, Bonnie Lowenthal, | |Hall, Skinner, Solorio, |
| |Salas, Yamada, Fong | |Torlakson, Hill |
| | | | |
|-----+---------------------------+-----+-------------------------|
|Nays:|Fuller, Tom |Nays:|Conway, Harkey, Miller, |
| |Berryhill,Fletcher | |Nielsen, Norby |
| | | | |
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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;
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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; and,
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.
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; and,
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 :
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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 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 : According to Assembly Appropriations Committee
analysis, minor direct costs, if any, and unknown cost pressures
(bond funds).
COMMENTS : The author indicates the purpose of this bill is to set
priorities for the OPC following passage of AB 1217 (Monning),
Chapter 279, Statutes of 2009, 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
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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, 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, but may not
currently be given highest priority by OPC. OPC's current five
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 Web
site 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
to some extent in activities this bill highlights.
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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.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0004078