AB 497

Bill Subjects

Abstract

(1) Existing law requires the Fish and Game Commission to form a marine resources committee from its membership consisting of at least one commissioner and requires the committee to report to the commission from time to time on its activities, to make recommendations on all marine resource matters considered by the commission, and to have the committee or its designee, to the extent practicable, attend meetings of the Department of Fish and Wildlife's staff, including meetings of the department staff with interested parties, in which significant marine living resource management documents are being developed. This bill would require the commission to form a wildlife resources committee from its membership consisting of at least one commissioner, to report to the commission from time to time on its activities, to make recommendations on all nonmarine resource matters considered by the commission, and to have the committee or its designee, to the extent practicable, attend meetings of the department staff, including meetings of the department staff with interested parties, in which significant wildlife resource management documents are being developed. (2) The California Constitution creates the Fish and Game Commission. Existing law establishes the commission in the Natural Resources Agency to perform specified functions. Existing law requires the commission to hold no fewer than 10 regular meetings per year, if the commission has adequate funding for related travel, including funding for department travel, with no more than 3 regular meetings to be held in Sacramento per year. Existing law requires the commission to cause the notice of the schedule for regular meetings, and notice of any change in the date and location of a meeting, to be disseminated to the public in a manner that will result in broad dissemination, including, but not limited to, electronic distribution, mailings to interested parties, and publication in local newspapers of the affected communities. This bill would reduce the number of regular meetings required per year to 8 and would delete the limitation that no more than 3 regular meetings be held in Sacramento per year. The bill would also delete the requirement that the broad dissemination of the notices regarding meetings be achieved in a specific manner but would require the commission to disseminate notices regarding meetings to the public in a manner that complies with specified provisions of the Administrative Procedure Act. (3) Existing law requires the commission, except for emergency regulations, to consider and adopt regulations at a series of no fewer than 3 meetings and requires that these meetings, whether regular or special meetings, be duly noticed to the public in accordance with specified provisions of state law. Existing law provides that at the 3rd meeting the commission may choose to hear additional public discussion regarding the regulations it intends to adopt and requires that either at that meeting or within 20 days after that meeting, the commission add, amend, or repeal regulations relating to any recommendation received at the initial meeting it deems necessary to preserve, properly utilize, and maintain each species or subspecies. This bill would delete the 20-day period after the 3rd meeting during which the commission would have been authorized to add, amend, or repeal. (4) Existing law authorizes the commission to annually adopt regulations, as specified, pertaining to migratory birds to conform with or to further restrict the rules and regulations prescribed pursuant to the Migratory Bird Treaty Act. Existing law provides that migratory game birds may be taken in conformity with federal laws and regulations and the regulations of the commission, as specified, and, if no regulations are prescribed by the proper federal agency, authorizes the commission to determine and fix the area or areas, the seasons and hours, the species, the bag and possession limits, and the total number that may be taken during any open season for the taking of migratory game birds, under such rules and regulations as the commission may prescribe. This bill would add similar provisions that would authorize the commission to establish by regulation an automatic process to conform its sport fishing regulations to federal regulations and would require the Department of Fish and Wildlife to provide public notice of any conforming action implemented pursuant to this provision. (5) Existing law, until April 1, 2019, authorizes the Director of the Department of Fish and Wildlife to order a delay in the opening of the Dungeness crab fishery after December 1 in Districts 6, 7, 8, and 9 in any year and prohibits the delay in the opening from being later than January 15 of any year. Under existing law, if the director orders this delay, the opening date of the Dungeness crab fishery in those districts is required to be preceded by a 36-hour gear setting period, as ordered by the director. This bill instead would require a 64-hour gear setting period. (6) Existing law requires the director, if requested on or before November 10 of any year, to consult with the Dungeness crab industry and to specify by public announcement on or before November 20 of that year when crab traps may be set and baited prior to the opening date of the Dungeness crab season in Districts 6, 7, 8, and 9. This bill would eliminate the above requirements and instead would authorize crab traps to be set and baited 64 hours prior to the opening date of the Dungeness crab season in Districts 6, 7, 8, and 9.