BILL ANALYSIS �
AB 2402
Page 1
ASSEMBLY THIRD READING
AB 2402 (Huffman)
As Amended May 25, 2012
Majority vote
WATER, PARKS & WILDLIFE 9-3
APPROPRIATIONS 12-5
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|Ayes:|Huffman, Blumenfield, |Ayes:|Fuentes, Blumenfield, |
| |Campos, Fong, Williams, | |Bradford, Charles |
| |Roger Hern�ndez, Hueso, | |Calderon, Campos, Davis, |
| |Lara, Yamada | |Gatto, Ammiano, Hill, |
| | | |Lara, Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Halderman, Beth Gaines, |Nays:|Harkey, Donnelly, |
| |Jones | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Renames the Department of Fish and Game (DFG) as the
Department of Fish and Wildlife; articulates state policies
regarding the DFG's and the Fish and Game Commission's (FGC's)
use of ecosystem-based management, credible science, and
partnerships; requires establishment of an independent
scientific advisory panel to assist DFG and the FGC; shifts
certain fee authorities from the Legislature to DFG and the FGC;
and makes other changes to the Fish and Game Code.
Specifically, this bill :
1)States legislative findings and declarations regarding a
strategic visioning process for DFG and the FGC that the
Natural Resources Agency facilitated over the past year
pursuant to AB 2376 (Huffman), Chapter 424, Statutes of 2010,
and which involved appointment of an executive committee,
stakeholder advisory group, and blue ribbon citizens
commission, and a public process for development of
recommendations for improving and enhancing the capacity of
DFG and the FGC to protect and manage California's fish and
wildlife.
2)Renames DFG as the Department of Fish and Wildlife, and
provides that no existing supplies, forms, insignias, signs,
logos, uniforms, or emblems shall be destroyed or changed as a
AB 2402
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result of changing the name, and that those materials shall
continue to be used until exhausted or unserviceable.
3)States that it is the policy of the state that DFG and the FGC
use ecosystem-based management, informed by credible science,
in all resource management decisions to the extent feasible,
and that scientific professionals at DFG and the FGC be
governed by a scientific quality assurance and integrity
policy, follow established scientific protocols, and
incorporate adaptive management into resource management
decisions to the extent possible. Defines ecosystem-based
management, credible science, and adaptive management.
4)States legislative intent that DFG and the FGC seek to create,
foster, and actively participate in effective partnerships and
collaborations with other agencies and stakeholders to achieve
shared goals and to better integrate fish and wildlife
resource conservation and management with the natural resource
management responsibilities of other agencies. Encourages DFG
and the FGC to participate in interagency coordination
processes that facilitate consistency and efficiency in review
of projects involving multiple permits.
5)Requires establishment of an independent science advisory
panel to provide advice and recommendations to DFG and the
FGC, and to assist DFG and the FGC in establishing an
independent and objective view of the scientific issues
underlying policy decisions. Provides that the members of the
panel shall serve without state compensation. Provides that
the duties of the panel shall include providing oversight of
scientific research, providing best available independent
scientific information and advice to guide and inform
decisions, promoting and facilitating independent scientific
peer review, promoting science-based adaptive management, and
ensuring scientific integrity and transparency. Provides that
for purposes of marine fisheries and other marine resources,
DFG may utilize the California Ocean Science Trust for these
purposes.
6)Requires DFG to impose and collect entry pass fees for
visitors engaging in non-consumptive uses at state wildlife
refuges and other lands managed by DFG that are open to the
public, and to make the entry passes available for purchase
onsite where feasible and cost effective. Requires DFG to
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modify its online processes for purchase of entry passes and
warden stamps to make these systems user-friendly for
non-consumptive users. Defines non-consumptive uses as
compatible uses other than hunting or fishing.
7)Requires DFG by January 1, 2015, to modify its Automated
License Data System (ALDS) to include information on Fish and
Game violations, and for electronic field equipment utilized
by fish and game wardens to be modified to provide wardens
with access to ALDS information in the field.
8)Authorizes the FGC to adjust statutory fees for certain
licenses and permits, including life time hunting licenses,
abalone cards, marine aquaria collector permits, guide
licenses and kelp harvesting licenses, as necessary, to fully
recover, but not exceed, all reasonable administrative and
implementation costs relating to those license or permits.
Similarly authorizes DFG to adjust statutory fees as necessary
for scientific collector permits.
9)States legislative findings and declarations regarding the
impacts of poaching and other fish and game violations, and
states legislative intent that the Uniform Bail and Penalty
Schedule be updated as necessary to include references to Fish
and Game Code provisions not included in the Bail and Penalty
Schedule currently.
10)Requires that funds remaining in various dedicated accounts
that were previously consolidated into the Big Game Management
Account be transferred to the Big Game Management Account, and
requires DFG to provide recommendations to the Legislature for
consolidation of additional accounts within the Fish and Game
Preservation Fund if consolidation would serve to reduce
administrative costs to DFG and enhance its ability to meet
current needs while preserving the purpose of the dedicated
accounts.
EXISTING LAW :
1)Establishes DFG in the Natural Resources Agency and provides
that wildlife resources are held in trust by DFG for the
people of the state, and generally charges DFG with
administration and enforcement of the Fish and Game Code.
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2)Establishes the FGC in the Constitution and authorizes the
Legislature to delegate to the FGC powers relating to the
protection and propagation of fish and game. The Legislature
has delegated by statute to the FGC the power to regulate the
taking or possession of birds, mammals, fish, amphibians and
reptiles in accordance with prescribed laws.
3)Provides in the Fish and Game Code for various licenses and
permits, the fees for which are in some cases set in statute
and in other cases set by DFG or the FGC. Most of the fees
set in statute are subject to annual adjustments based on the
Implicit Price Deflator index.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)One-time costs during 2012-13 and 2013-14 to DFG in excess of
$150,000 to update its Information Technology (IT) systems to
account for change in the department's name (Fish and Game
Preservation Fund (FGPF)). (Despite this bill's call for the
department to continue to use existing supplies until gone or
unusable, DFG reports costs in the hundreds of thousands of
dollars. According to DFG, these costs result from thousands
of hours needed to revise Web site and domain name data,
modify IT infrastructure and redesign templates. DFG
estimates the cost of these efforts to range from $300,000 to
$400,000.)
2)One-time costs in 2014-15 and 2015-16 to DFG of an unknown,
but substantial amount (in the hundreds of thousands of
dollars), to modify ALDS and make data available to wardens in
the field Fish and Game Preservation Fund (FGPF).
3)Minor costs to DFG, in the tens of thousands of dollars
annually, to establish and support the scientific advisory
committee, the members of which, presumably, will not be
compensated by DFG, and provide administrative support to it
(FGPF).
4)Increased annual revenue beginning in 2013-14 to DFG of an
unknown but substantial amount, likely in millions of dollars,
resulting from adjustments to various license fees (FGPF).
5)One-time costs in 2012-13 and 2013-14 to DFG of an unknown,
AB 2402
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but potentially substantial amount (possibly in the hundreds
of thousands of dollars) to develop and implement a method to
collect fees from nonconsumptive users of DFG-managed
facilities (FGPF).
6)Annual revenue, beginning in 2013-14, to DFG of an unknown
amount, but likely well in excess of related one-time and
ongoing costs, from nonconsumptive use fees (FGPF).
COMMENTS : This bill enacts recommendations coming out of a
strategic visioning process for DFG and the FGC initiated as a
result of the passage of AB 2376 (Huffman), Chapter 424,
Statutes of 2010. Pursuant to AB 2376, the State Natural
Resources Agency Secretary appointed a state executive
committee, a blue ribbon citizen's commission (BRCC), and a
broad-based stakeholder advisory group (SAG), and facilitated a
year-long public process of meetings and collaboration to
develop recommendations on ways to enhance the capacity and
effectiveness of DFG and the FGC in protecting and managing
California's fish and wildlife for the benefit and use by the
people of the state. A final report was approved by the
Executive Committee and released in April 2012. The author of
this bill, as chair of the Assembly policy committee with
primary jurisdiction over fish and wildlife matters, and the
chair of the Senate Natural Resource and Water Committee, have
introduced companion measures to serve as vehicles to implement
various recommendations coming out of the strategic vision
process.
The policy statements on ecosystem-based management and credible
science contained in this bill were among the primary
recommendations of the final SAG and Strategic Vision reports.
The recommendations also included a strong emphasis on the need
for enhancing the scientific capacity of DFG, including
independent peer reviewed science, and the importance of
ensuring scientific integrity and transparency. Information
provided by staff of DFG and the FGC also emphasized the need
for financial stability, and the difficulty both entities face
with unfunded mandates. In particular, DFG and the FGC noted
that 57% of the fees for licenses and permits in the Fish and
Game Code require legislative action to change them. This bill
begins the process of correcting that problem by shifting
authority from the Legislature to the FGC and DFG to make
adjustments in specified fees as necessary to recover reasonable
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administrative and implementation costs relating to particular
licenses or permits.
Supporters, which include organizations that participated in the
strategic vision process as members of the stakeholder advisory
group, emphasize this bill would further the objectives of that
effort to ensure a positive future for DFG and the FGC and their
critical public trust stewardship responsibilities.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0003990