BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 2376
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          AB 2376 (Huffman)
          As Amended  May 28, 2010
          Majority vote 

           WATER, PARKS & WILDLIFE      9-2APPROPRIATIONS      12-5        
          |Ayes:|Huffman, Arambula,        |Ayes:|Fuentes, Ammiano,         |
          |     |Blumenfield, Caballero,   |     |Bradford,                 |
          |     |Ruskin,                   |     |Charles Calderon, Coto,   |
          |     |Bonnie Lowenthal, Salas,  |     |Davis, Monning, Ruskin,   |
          |     |Yamada, Fong              |     |Skinner, Solorio,         |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
          |Nays:|Fuller, Tom Berryhill     |Nays:|Conway, Harkey, Miller,   |
          |     |                          |     |Nielsen, Norb             |
           SUMMARY  :   Requires the Secretary of the Natural Resources  
          Agency (NRA) to convene a committee to develop and submit to the  
          Governor and Legislature, a strategic vision for the Department  
          of Fish and Game (DFG) and the Fish and Game Commission (FGC).   
          Specifically,  this bill  :  

          1)Directs the Secretary of NRA to convene a committee to develop  
            and submit to the Legislature, by July 1, 2012, a strategic  
            vision for DFG and FGC.

          2)Provides that the committee shall include the Secretary, the  
            Director of DFG, the President of the FGC, the Chair of the  
            California Energy Commission, a representative of the  
            University of California, and representatives of the U.S Fish  
            and Wildlife Service and the National Marine Fisheries  

          3)Requires that the strategic vision address specified matters  
            relating to fish and game management, including but not  
            limited to:  biodiversity management and ecosystem functions;  
            permitting and regulatory functions; opportunities for  
            recreational and commercial harvest; scientific capacity;  
            relations with the public, landowners, nonprofits and other  
            land management agencies; reforms necessary to address  
            challenges of the 21st Century; use of technology and data  


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            systems; clarification of the roles of DFG and FGC; and  
            strategies for identifying other stable funding options to  
            reduce DFG's dependence on the General Fund.

          4)Directs the committee to seek input from other entities and  
            interested parties, and review existing reports and other  
            state models.

          5)Requires the Governor or the committee to appoint a "blue  
            ribbon" or citizen commission or task force, a stakeholder  
            advisory group and any other group the Governor or committee  
            deems necessary or desirable to assist in carrying out this  
            task.  Requires that a stakeholder advisory group appointed  
            shall be broadly constructed to represent a diverse range of  
            interests as specified.

          6)Requires the committee to seek funding from non-state entities  
            to minimize the use of state funds, and provides that this  
            bill shall be implemented only to the extent that nonstate  
            funds are available for that purpose.

          7)Provides that this section shall sunset after the strategic  
            vision is submitted or January 1, 2015, whichever date is  
            later.  Requires that the strategic vision be submitted in  
            compliance with Government Code Section 9795.   

           EXISTING LAW  :  

          1)Establishes DFG as a department of the NRA, administered  
            through the director, with responsibility for managing and  
            conserving the state's fish and wildlife and their habitat.   
            Provides that the fish and wildlife resources of the state are  
            held in trust for the people of the state by and through DFG.

          2)Establishes in the state constitution, Article IV, Section 20,  
            the FGC, composed of five members appointed by the Governor,  
            subject to Senate confirmation.  Authorizes the Legislature to  
            delegate to the FGC such powers relating to the protection and  
            propagation of fish and game as the Legislature sees fit.  The  
            Legislature has delegated to the FGC and to DFG various  
            responsibilities for the protection, management and regulation  
            of fish and game and their habitats.

          3)Provides that the FGC shall formulate general policies for the  


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            conduct of DFG, and provides that the DFG director is to be  
            guided by those policies and responsible to the FGC for  
            administering DFG in accord with those policies.    

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee, potential one-time costs in 2011-12 of an unknown  
          amount, but likely in the range of several hundred thousand  
          dollars, the equivalent of at least three positions, to convene  
          the committee called for by this bill, fully covered by private  

           COMMENTS  :   The mission of DFG is to manage California's fish,  
          wildlife and plants, and the habitats upon which they depend,  
          for their ecological values and for their use and enjoyment by  
          the public.  In addition to its traditional role of managing  
          fish and game activities, DFG is the state's lead public trustee  
          charged with conserving and restoring California's wildlife and  
          ecosystems. DFG's broad responsibilities have expanded and  
          become increasingly more complex over time. Today California is  
          the most populous and biologically diverse state in the nation.  
          As a result of population growth and associated development  
          pressures, and competing demands for finite natural resources,  
          California's environment has experienced unparalleled stressors  
          and resource conservation challenges. In addition, new  
          challenges such as the need to adapt to climate change and to  
          site renewable energy projects, has increased the work load of  

          The author has introduced this bill with the long term goal of  
          improving and enhancing DFG's capacity and effectiveness in  
          fulfilling its public trust responsibilities for protection and  
          management of the state's fish and wildlife, for their  
          ecological values and for the benefit of the people of the  
          state.  Numerous past reports and studies, including reports by  
          the Legislative Analyst's Office, the State Auditor, the Little  
          Hoover Commission and others have highlighted the need for  
          reform of DFG.   The Assembly Water, Parks & Wildlife Committee,  
          on February 9, 2010, held a day-long informational oversight  
          hearing on DFG during which the committee reviewed DFG's many  
          mandates and emerging challenges, identified areas where  
          improvements are needed, and received recommendations on ways  
          that DFG's capacity, effectiveness and accountability could be  
          enhanced.  A number of common themes emerged from the hearing,  
          including:  the need for a dedicated, stable funding source; the  


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          need for new models to manage wildlife in an era of scarcity and  
          multiple threats; the importance of ensuring DFG has capacity to  
          fulfill its mission in light of the state's legal public trust  
          responsibility under the constitution to protect fish and  
          wildlife; the need for greater conservation planning efforts  
          statewide, including for monitoring and data collection; the  
          need for greater clarity between the roles of DFG and FGC; the  
          need to expedite, prioritize and incentivize the permitting  
          process for voluntary habitat restoration, including on private  
          lands; the need for increased on the ground game warden  
          enforcement capacity; the need to strengthen DFG's in-house  
          science capacity and partnerships with other academic  
          institutions, like UC and CSU; and the importance of database  
          system modernization, standardization, management, coordination  
          and public access.

          While these and other common themes emerged from the hearing, it  
          was clear given the complexities, that a comprehensive review  
          and strategic analysis is needed.  This bill provides a pathway  
          for developing that strategic vision, through creation of a  
          state agency-level committee that can look in depth at the  
          issues, with assistance of a blue ribbon or citizen commission  
          and other advisory groups.  A process similar to this approach  
          was used to develop the Delta Vision and strategic plan.

           Analysis Prepared by :    Diane Colborn / W., P. & W. / (916)  

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