BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           21 (Simitian)
          
          Hearing Date:  05/28/2009           Amended: 3/25/2009
          Consultant:  Brendan McCarthy   Policy Vote: NR&W 8-2














































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          SB 21 (Simitian)


          _________________________________________________________________ 
          ____
          BILL SUMMARY: SB 21 would require the Department of Fish and  
          Game and the Ocean Protection Council to reduce the impact of  
          derelict fishing gear in state and coastal waters, by collecting  
          information on the location of lost gear. This bill would also  
          require the Department and the Council to recommend a fund  
          source for future prevention and recovery activities. This bill  
          would also require the Council to prioritize existing derelict  
          fishing gear for future recovery.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2012-13     Fund
           Collecting information            $25         $50       Special  
          *

          Enforcement of reporting                                 
          $200Special **

          Providing tags for fishing gear                          
          UnknownSpecial ***     

          * Fish and Game Preservation Fund. (Currently these activities  
          are performed by a private organization funded, in part, with  
          state bond funds.)
          ** Fish and Game Preservation Fund.
          *** Fish and Game Preservation Fund, could be fully offset with  
          fee increases.
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: Suspense File. 

          SB 21 intends to reduce the impacts of derelict fishing gear in  
          state and coastal waters. By January 2011, this bill requires  
          the Department of Fish and Game and the Ocean Protection Counsel  
          to recommend a sustainable funding source for the prevention and  
          recovery of derelict fishing gear, as well as requiring the  
          department to publicize methods for fisherman to report lost  
          fishing gear. 

          By July 2012, this bill requires fisherman to report lost  
          fishing gear to the department and requires the department to  







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          SB 21 (Simitian)


          develop a database of derelict fishing gear. Staff notes that a  
          private organization currently maintains such a database,  
          supported in large part with state bond funds. Also, the  
          department states that an additional law enforcement position  
          will be required to ensure that found derelict gear was reported  
          to the department, as required.

          By July 2012, this bill requires that all traps and trawl nets  
          deployed in waters of the state be tagged in a manner prescribed  
          by the department, such that the owner of the gear can be  
          identified if it becomes derelict. Staff notes that the state of  
          Washington has a similar, but smaller program. Tags are provided  
          by the state, with the cost of about $1 per tag paid by licensed  
          fishermen. The number of traps and trawl nets used in California  
          is unknown. If the department were to distribute tags, it could  
          cause unknown cost pressures on the Fish and Game Preservation  
          Fund (although these cost pressures could be offset with  
          increased fee revenues). Staff recommends the bill be amended to  
          clarify whether the department would be responsible for  
          procuring and distributing tags and if so, the funding source  
          for doing so.

          By January 2013, and annually thereafter, this bill requires the  
          Council to prioritize derelict fishing gear for removal to  
          achieve reduction targets established by the Council. This bill  
          does not require either the department of the Council to  
          undertake projects to remove derelict fishing gear.

          This bill allows the department to accept outside funds for the  
          implementation these activities. The bill also allows the  
          department to contract with outside providers for services  
          required under the bill, if the department does not have  
          sufficient personnel to perform those duties.