Bill Text: CA SB539 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Salmon and steelhead trout: California Ocean Protection

Sponsorship: Partisan Bill (Democrat 1)

Status: (Engrossed - Dead) 2009-07-08 - Set, first hearing. Hearing canceled at the request of author. [SB539 Detail]

Download: California-2009-SB539-Amended.html

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BILL NUMBER: SB 539	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Wiggins

                        FEBRUARY 27, 2009

   An act  to amend Section 35650 of the Public Resources Code,
  relating to salmon and steelhead trout.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 539, as amended, Wiggins.  Ocean Protection Council:
report on salmon and steelhead trout.   Salmon and
steelhead trout: California Ocean Protection Trust Fund. 
    The California Ocean Protection Act establishes the Ocean
Protection Council in state government and provides that the council
consists of the Secretary of the Natural Resources Agency, the
Secretary for Environmental Protection, the Chair of the State Lands
Commission, and 2 public members appointed by the Governor. The act
requires the council, among other things, to coordinate activities of
state agencies that are related to the protection and conservation
of coastal waters and ocean ecosystems, and to establish policies to
coordinate the collection and sharing of scientific data related to
coast and ocean resources between agencies.  The act also
establishes the California Ocean Protection Trust Fund and authorizes
moneys in the trust fund to be expended, upon appropriation by the
Legislature, and upon authorization by the council, for grants or
loans to public agencies,   nonprofit corporations, or
private entities for, and direct expenditures on, various projects
and activities related to the protection of coastal and ocean
resources.  
   This bill would additionally include among the projects and
activities eligible for funding from the trust fund specified
projects and activities related to restoration of native salmon and
steelhead trout populations and restoration of the state's salmon
fishery.  
   This bill would require the council, by April 1, 2010, to prepare
and submit a report to the Legislature regarding the costs of
restoring native salmon and steelhead trout populations and restoring
the health of the state's salmon fishery, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 35650 of the   Public
Resources Code   is amended to read: 
   35650.  (a) The California Ocean Protection Trust Fund is
established in the State Treasury.
   (b) Moneys deposited in the fund may be expended, upon
appropriation by the Legislature, for both of the following:
   (1) Projects and activities authorized by the council consistent
with Chapter 3 (commencing with Section 35600).
   (2) Upon authorization by the council, for grants or loans to
public agencies, nonprofit corporations, or private entities for, or
direct expenditures on, projects or activities that do one or more of
the following:
   (A) Eliminate or reduce threats to coastal and ocean ecosystems,
habitats, and species.
   (B) Improve the management of fisheries through grants or loans
for the development and implementation of fishery management plans
pursuant to Part 1.7 (commencing with Section 7050) of Division 6 of
the Fish and Game Code, a part of the Marine Life Management Act of
1998, that promote long-term stewardship and collaboration with
fishery participants to develop strategies that increase
environmental and economic sustainability. Eligible projects and
activities include, but are not limited to, innovative
community-based or cooperative management and allocation strategies
that create incentives for ecosystem improvement. Eligible
expenditures include, but are not limited to, costs related to
activities identified in subdivisions (a), (b), and (d) of Section
7075 of the Fish and Game Code, fishery research, monitoring, data
collection and analysis to support adaptive management, and other
costs related to the development and implementation of a fishery
management plan developed pursuant to this subparagraph.
   (C) Foster sustainable fisheries, including grants or loans for
one or more of the following:
   (i) Projects that encourage the development and use of more
selective fishing gear.
   (ii) The design of community-based or cooperative management
mechanisms that promote long-term stewardship and collaboration with
fishery participants to develop strategies that increase
environmental and economic sustainability.
   (iii) Collaborative research and demonstration projects between
fishery participants, scientists, and other interested parties.
   (iv) Promotion of value-added wild fisheries to offset economic
losses attributable to reduced fishing opportunities.
   (v) The creation of revolving loan programs for the purpose of
implementing sustainable fishery projects.
   (D) Improve coastal water quality.
   (E) Allow for increased public access to, and enjoyment of, ocean
and coastal resources, consistent with sustainable, long-term
protection and conservation of those resources.
   (F) Improve management, conservation, and protection of coastal
waters and ocean ecosystems.
   (G) Provide monitoring and scientific data to improve state
efforts to protect and conserve ocean resources.
   (H) Protect, conserve, and restore coastal waters and ocean
ecosystems, including any of the following:
   (i) Acquisition, installation, and initiation of monitoring and
enforcement systems.
   (ii) Acquisition from willing sellers of vessels, equipment,
licenses, harvest rights, permits, and other rights and property, to
reduce threats to ocean ecosystems and resources.
   (I) Address coastal water contamination from biological pathogens,
including collaborative projects and activities to identify the
sources of pathogens and develop detection systems and treatment
methods.
   (J) (i) Provide funding for adaptive management, planning,
coordination, monitoring, research, and other necessary activities to
minimize the adverse impacts of climate change on California's ocean
ecosystem, including, but not limited to, the effects of sea level
rise, changes in ocean productivity, and ocean acidification on
coastal and ocean habitat, wildlife, fisheries, chemistry, and other
key attributes of ocean ecosystems and to increase the state's
understanding of the ocean's role in carbon sequestration. Adaptive
management strategies, planning, research, monitoring, or other
activities shall be designed to improve the management of coastal and
ocean resources or aid the state to adapt to climate change impacts.

   (ii) Information or activities developed under clause (i), to the
extent appropriate, shall provide guidance to the State Air Resources
Board for the adoption of early action measures for the elimination
or reduction of emissions from sources or categories of sources
pursuant to the California Global Warming Solutions Act (Division
25.5 (commencing with Section 38500) of the Health and Safety Code).

   (K) Restore native salmon and steelhead trout populations or
restore the health of the state's salmon fishery, including projects
or activities that do one or more of the following:  
   (i) Remove 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.  
   (ii) Remove blockages to fish passage in all of the 100 highest
priority streams, as identified in the CalFish database.  
   (iii) Characterize streamflow requirements for the 100 highest
priority rivers and creeks for salmonid production, as identified by
the Department of Fish and Game.  
   (iv) Enforce adequate in-stream flow required for salmonid
spawning, rearing, and passage on rivers and creeks described in
clause (iii), including actions to stop unlawful diversions,
adjudicate water rights, and ensure sufficient resource flows
pursuant to statute.  
   (v) Characterize groundwater resources needed to ensure
streamflows and the impact of establishing groundwater management in
high-priority groundwater basins.  
   (vi) Acquire land and water rights in key groundwater basins to
reestablish flows.  
   (vii) Implement water conservation technologies and develop new
water supplies, including, but not limited to, desalination,
offstream storage, and water reclamation in the highest priority
groundwater basins. 
   (c) Grants or loans may be made to a private entity pursuant to
this section only for projects or activities that further public
purposes consistent with Sections 35510 and 35515.
   (d) Consistent with the purposes specified in Section 35515, and
in furtherance of the findings in Sections 7059 and 7060 of the Fish
and Game Code, the council, in authorizing grants or loans for
projects or expenditures pursuant to this section, shall promote
coordination of state programs and activities that protect and
conserve ocean resources to avoid redundancy and conflicts to ensure
that the state's programs and activities are complementary. 
  SECTION 1.    (a) On or before April 1, 2010, the
Ocean Protection Council shall prepare a report analyzing the costs
of infrastructure, enforcement, monitoring, and scientific analysis
related to both of the following:
   (1) Restoration of native salmon and steelhead trout populations
to pre-1988 levels within five years.
   (2) Restoration of the health of the state's salmon fishery.
   (b) The report shall include, but shall not be limited to, the
costs of all of the following:
   (1) Removal of dams on the Klamath River, the removal of the San
Clemente Dam on the Carmel River, the removal of the Matilija Dam on
the Ventura River, and the removal of the Rindge Dam on Malibu Creek.

   (2) Removal and restoration of blockages to fish passage in all of
the one hundred highest priority streams, as identified in the
CalFish database.
   (3) Characterization of streamflow requirements for the 100
highest priority rivers and creeks for salmonid production, as
identified by the Department of Fish and Game.
   (4) Enforcement of adequate in-stream flow required for salmonid
spawning, rearing, and passage on rivers and creeks described in
paragraph (3). The analysis shall include, but shall not be limited
to, costs of actions to stop unlawful diversions, adjudicate water
rights, and ensure sufficient resource flows pursuant to statute, and
costs of adequately staffing the Department of Fish and Game, the
State Water Resources Control Board, and the office of the Attorney
General for these purposes.
   (5) Characterization of groundwater resources needed to ensure
streamflows and the impact of establishing groundwater management in
high priority groundwater basins.
   (6) Acquisition of land and water rights in key groundwater basins
to reestablish flows.
   (7) Implementation of water conservation technologies and the
development of new water supplies, including, but not limited to,
desalination, off-stream storage, and water reclamation in the
highest priority groundwater basins.
   (8) Development of a collaborative research program that employs
fishermen and fisherwomen.
   (c) On or before April 1, 2010, the council shall submit the
report to all of the following:
   (1) The Joint Legislative Budget Committee.
   (2) The Joint Committee on Fisheries and Aquaculture.
   (3) The Senate Committee on Natural Resources and Water.
   (4) The Assembly Committee on Natural Resources.
   (5) The Assembly Committee on Water, Parks and Wildlife.