BILL ANALYSIS �
SB 317
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Date of Hearing: June 28, 2011
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
SB 317 (Rubio) - As Amended: May 31, 2011
SENATE VOTE : 30-5
SUBJECT : Kings River Fisheries Management Plan:
reauthorization
SUMMARY : Allows continued Department of Fish and Game (DFG)
participation and cost-sharing in the Kings River Fisheries
Management Program (KRFMP). Specifically, this bill :
1)Permanently reinstates the Legislature's authorization of
DFG's role in the KRFMP and any future amendments to that
agreement.
2)Reauthorizes DFG to continue to contribute up to 50 percent of
any capital costs incurred by local partners under the
program.
3)Requires DFG funding of the KRFMP to be, upon appropriation by
the Legislature, from the Hatchery and Inland Fisheries Fund.
EXISTING LAW
1)Authorizes DFG to enter into contracts for fish and wildlife
habitat preservation, restoration, and enhancement with public
and private entities whenever DFG finds that the contracts
will assist in meeting the department's duty to preserve,
protect, and restore fish and wildlife.
2)Establishes the Hatchery and Inland Fisheries Fund and
requires 33 1/3 % of all fishing license fees, with the
exception of those collected for abalone stamps, to be
deposited in that Fund.
FISCAL EFFECT : According to Senate Appropriations Committee
Staff, over the last ten years DFG has spent about $100,000 per
year from the General Fund for its contribution to the program.
Senate Appropriations Committee amendments limited the source of
program funding to a non-General Fund source, the Hatchery and
Inland Fisheries Fund.
SB 317
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COMMENTS :
DFG is the trustee for the state's fish and wildlife resources.
Fish and Game Code Sections 1501 and 1501.5 allow DFG to make
expenditures and enter into contracts for fish and wildlife
habitat preservation, restoration, and enhancements.
In 1954, the United States Army Corps of Engineers constructed
Pine Flat Dam on the Kings River for flood control and
irrigation water supply. The Kings River Conservation District
(KRCD) is the local agency responsible for the operation and
maintenance of Pine Flat Dam both for flood control and for
electrical power generation. The Kings River Water Association
(KRWA), which consists of 28 public and private agencies that
hold water rights on the Kings River, is responsible for
allocating the natural flow of the Kings River and the storage
space within Pine Flat Reservoir to its members.
Prior to the construction of the dam, the lower Kings River (the
river stretch below the dam) supported a year-round,
self-sustaining fishery. But no protections for these fisheries
were established until the DFG and the KRWA signed an agreement
in 1964. That agreement, however, proved insufficient as
illustrated by the public trust complaint filed with the State
Water Resources Control Board in 1991 by fishing groups who were
seeking flows, temperature compliance measures, monitoring and
other actions to protect trout and salmonids.
On May 1999, DFG, KRWA, and KRCD reached a new agreement, the
KRFMP, setting out a comprehensive framework for the management
and enhancement of the fishery, as well as protection of water
rights. The agreement was updated on June 2009. SB 1704
(Costa, 2000) codified DFG's commitment to the framework
agreement and allowed DFG to contribute up to 50% of any capital
costs incurred by local agencies from the Fish and Game
Preservation Fund. The Assembly analysis of SB 1704 stated that
the Program Framework Agreement between the state, the KRWA, and
the KRCD, "implements a comprehensive fisheries management
program on the Kings River in Fresno County. The Program is the
result of a decade of study, analysis, and negotiation between
DFG, water users, local agencies and interested local and
statewide fishery organizations. This is a voluntary program
that was initiated at the local level, with all interested
parties contributing funds or in-kind work." A sunset of
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January 1, 2011 was added in response to uncertainty about
program costs. This sunset was not extended, thus these
provisions were repealed on January 1 of this year.
This bill reauthorizes the DFG to participate in the KRFMP under
the agreement originally entered into by the state and amended
on June 26, 2009. This bill limits the DFG's contributions to
50 percent of any capital costs of the program.
Supporting Arguments : According to the author, the KRFMP is the
culmination of a successful partnership between KRWA, KRCD, DFG,
and members of the public. Decisions and technical efforts are
consensus-based and have resulted in cooperation among the
parties to implement a number of voluntary actions which will
enhance the river's habitat and environment including increased
flows, temperature management devices, spawning gravels and
other physical improvements.
This bill has no known opposition.
REGISTERED SUPPORT / OPPOSITION :
Support
Kings River Conservation District (sponsor)
Kings River Water Association (sponsor)
Opposition
None on file.
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096