BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: SB 539 HEARING DATE: April 28, 2009
AUTHOR: Wiggins URGENCY: No
VERSION: April 2, 2009 CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Salmon and steelhead trout: California Ocean Protection
Trust Fund.
BACKGROUND AND EXISTING LAW
The California Ocean Protection Council (OPC) was established by
the Ocean Protection Act (Act) that was passed in 2004. The OPC
is directed to coordinate the activities of the many state
entities that are involved in ocean-related activities and
conservation efforts. It consists of the Secretary of Resources,
the Secretary of Cal-EPA, the chair of the State Lands
Commission, and two public members appointed by the Governor. A
legislator from each house serves as an ex officio member.
The central roles of the council are to establish ocean policy,
coordinate the activities of various state agencies that
implement policies that affect the ocean, and approving grants
of bond funds for scientific research.
The Act also established the Ocean Protection Trust Fund. The
eligible uses of the trust fund include, but are not limited to,
expenditures that would result in water quality improvements,
habitat protection, the promotion of sustainable fisheries, and
other activities consistent with the Ocean Protection Act.
The Council was formed as a reaction to the Pew Oceans
Commission report and other national reports that called for a
coordinated state effort to address ocean and coastal resource
needs.
Since its inception, the Act directed the OPC to "foster
sustainable fisheries, [promote] value-added wild fisheries to
offset economic losses attributable to reduced fishing
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opportunities, and [create] revolving loan programs for the
purpose of implementing sustainable fishery projects."
In 2007, the Act was amended by AB 1280 (Laird) to add
eligibility for the Ocean Protection Trust Fund to make grants
or loans for the development and implementation of fishery
management plans developed pursuant to the Marine Life
Management Act of 1998.
The OPC is funded almost entirely through resource bond funds.
PROPOSED LAW
This bill would further expand the eligible uses of the Ocean
Protection Trust Fund to include grants and loans to public
agencies or private entities that would assist in the
restoration of the native populations of salmon and steelhead
trout and the restoration of the state's salmon fishery.
These projects are specified in the bill and include:
Removing dams for the purpose of restoring salmon and
steelhead populations, including, but not limited to, dams on
the Klamath River, the San Clemente Dam on the Carmel River, the
Matilija Dam on the Ventura River, and the Rindge Dam on Malibu
Creek.
Removing blockages to fish passage in all of the 100 highest
priority streams, as identified in the CalFish database, a
cooperative multi-agency effort that includes California
Department of Fish and Game, National Marine Fisheries Service,
Department of Water Resources, CalTrans, the Coastal
Conservancy, and the Natural Resources Agency.
Characterizing streamflow requirements for the 100 highest
priority rivers and creeks for salmonid production and
enforcing, in these highest priority streams, adequate in-stream
flows for salmonid spawning, rearing, and fish passage on rivers
and creeks including actions to stop unlawful diversions,
adjudication of water rights, and ensuring sufficient resource
flows.
Characterizing the groundwater resources needed to ensure
adequate streamflows and authorizing the grantees and donors to
acquire land and water rights in key groundwater basins to
reestablish flows.
Implementing water conservation technologies and developing
new water supplies, including, but not limited to, desalination,
offstream storage, and water reclamation in the highest priority
groundwater basins.
ARGUMENTS IN SUPPORT
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According to the author, while the Ocean Protection Council has
engaged in fisheries management issues, it has not yet focused
much attention on the collapse of California's salmon which is
not only a commercial disaster but indicative of a water-related
environmental disaster as well.
A recent report by CalTrout authored in part by Dr. Peter Moyle
from UC Davis said that the state's native salmonids are in
unprecedented decline and are teetering towards the brink of
extinction - an alarm bell that signals the deteriorating health
of the state's rivers and streams that provide drinking water to
millions of Californians.
The report concluded that:
If present trends continue, 65% of native salmon, steelhead,
and trout species will be extinct within 100 years.
Sixty-five percent of the species headed towards extinction
are found only in California.
Of the state's 22 anadromous fish species (which spawn in
freshwater and live most of their adult lives in the ocean), 59%
are in danger of extinction.
All of the species studied in the report support, or have
previously supported, major recreational and commercial
fisheries and provide enormous economic and cultural value to
Californians. And as shown in a report released in January 2008
by CalTrout, direct spending by anglers in the state on
fishing-related items and activities comes to over $2 billion
each year.
ARGUMENTS IN OPPOSITION
None received
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COMMENTS
While the Committee may determine that it is appropriate to add
salmon and steelhead restoration to the list of eligible
activities that the OPC may undertake or fund, the list of
activities now included in the text of the bill seems overly
broad and could potentially involve the OPC in regulatory
activities that have not been a part of the Ocean Protection Act
or the OPC workload. Simply adding salmon restoration as an
eligible activity at the OPC may be sufficient and would allow
the OPC to use its existing grant-making processes to consider
applications from interested applicants.
SUGGESTED AMENDMENTS
AMENDMENT 1
Page 4, line 16, delete "including projects"
Page 4, Delete lines 17-39
Page 5, Delete lines 1-2.
SUPPORT
Pacific Coast Federation of Fishermen's Associations
OPPOSITION
None Received
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