Existing law establishes the Ocean Protection Council and prescribes the functions and duties of the council with respect to the protection and conservation of coastal waters and ocean ecosystems. Existing law requires the council to develop and implement a voluntary sustainable seafood promotion program.

This bill would require the council council, upon the appropriation of funding by the Legislature, to develop and implement a White Shark Population Monitoring and Beach Safety Program to award grants to academic institutions engaged institutions, public agencies, and nonprofit corporations engaged and experienced in, and local agencies assisting with, research regarding white sharks and to local agencies engaged in operations to promote public safety on Californias beaches. The bill would appropriate an unspecified amount from the General Fund to the Ocean Protection Council for these purposes.

Existing law establishes the Ocean Protection Council and prescribes the functions and duties of the council with respect to the protection and conservation of coastal waters and ocean ecosystems. Existing law requires the council to develop and implement a voluntary sustainable seafood promotion program.

This bill would require the council to develop and implement a White Shark Population Monitoring and Beach Safety Program to award grants to academic institutions engaged in, and local agencies assisting with, research regarding white sharks and to local agencies engaged in operations to promote public safety on Californias beaches. The bill would appropriate an unspecified amount from the General Fund to the Ocean Protection Council for these purposes.

ASSEMBLY THIRD READING

ATR Bill Id:AB 2191

Author:(O'Donnell)

As Amended Ver:April 17, 2018

Majority vote

SUBJECT: Ocean Protection Council: White Shark Population Monitoring and Beach Safety Program

SUMMARY: Requires the Ocean Protection Council (OPC) to develop and implement a program to award white shark research grants and public safety grants relating to white shark sightings on California's beaches. Specifically, this bill:

1. Requires the OPC to develop and implement a White Shark Population Monitoring and Beach Safety Program, upon appropriation by the Legislature, to award grants to the following entities:
   1. Academic institutions, public agencies, and nonprofit corporations engaged and experienced in, and local agencies assisting with, research regarding white sharks, including, but not limited to, the monitoring and tracking of white shark movement along the California coast.
   2. Local agencies engaged in operations to promote public safety on California's beaches as it relates to white shark sightings.
2. Makes findings and declarations relating to the importance of coastal and ocean ecosystems to California, increases in white shark sightings and interactions, and the need to better understand white shark behavior in order to improve public safety on California beaches.

EXISTING LAW:

1. Establishes the OPC, consisting of the Secretary of the Natural Resources Agency, the Secretary for Environmental Protection, the Chair of the State Lands Commission, and two members of the public appointed by the Governor.
2. Prescribes the functions and duties of the OPC with respect to the protection and conservation of coastal waters and ocean ecosystems.
3. Allows the OPC to award grants, enter into interagency agreements, and provide assistance to public agencies and nonprofit organizations in order to support efforts to coordinate the activities of state agencies with ocean or coastal management interests or regulatory authority, to improve the effectiveness of state efforts to protect ocean resources, and to establish policies to coordinate the collection and sharing of scientific data related to coastal and ocean resources.
4. Requires the OPC to give preference when allocating grants and assistance to public agencies that support state agencies' use and sharing of scientific and geospatial information for coastal- and ocean-relevant decision making.

FISCAL EFFECT: According to the Assembly Appropriations Committee, there are unknown annual cost pressures on the General Fund or special funds, likely in the millions of dollars, to fund the grant program. Administrative costs to the OPC will likely be 5% of the amount appropriated for grants.

COMMENTS:

Background and Purpose: This bill creates the White Shark Population Monitoring and Beach Safety Program, a grant program to support the work of organizations engaged in shark research. According to the author, the increases in the number of shark sightings in 2017 were so significant that the Shark Lab at California State University Long Beach ran out of resources to continue tagging sharks with tracking devices. This not only meant less data for research, but less information for those trying to ensure public safety on California's beaches.

In addition to grants for shark research, this bill would fund grants for local agencies to develop policies for shark sightings and incidents. These efforts could include programs to develop and implement emergency response protocols, as well as training programs for lifeguards, harbor patrol, state game wardens, and other water safety and wildlife protection personnel on how to identify and safely interact with white sharks. The OPC was formed for the protection of coastal waters and ocean ecosystem; it is not a law enforcement agency and does not have the expertise to issue public safety grants.

A shark incident is defined as any documented case where a shark approached and touched a person in the water, or touched a person's surfboard, kayak, paddleboard, etc. Data compiled by the Department of Fish and Wildlife (DFW) shows 178 documented shark incidents in California waters from 1950 through 2017, with the majority of those incidents involving white sharks. Most incidents have occurred in a 150-mile zone in Northern California that stretches from Monterey to Bodega Bay, out to the Farallon Islands. Of those 178 incidents, there have been 13 fatal injuries, 98 non-fatal injuries, and 67 incidents without injury. Incidents with non-fatal or fatal injuries have remained fairly constant since the 1980s. Incidents with no injuries have increased over time.

Documented shark incidents do not include shark sightings where no contact occurred. Data on shark sightings is more difficult to collect than shark incident data, but anecdotal evidence indicates that sightings have been increasing in recent years. In 2017, shark sightings at California beaches had significant fiscal impacts for responders, including law enforcement, water safety, and research personnel.

Related Legislation:

The Budget Act of 2017 [AB 97 (Ting), Chapter 14, Statutes of 2017] appropriated $2 million [Item 6440-001-0001; 2.5(c)] to the University of California for grants administered by the Wildlife Health Center at the Davis Campus to address whale and marine mammal entanglement.

SB 1319 (Burton), Chapter 719, Statutes of 2004, created the Ocean Protection Council to coordinate activities of state agencies that are related to the protection and conservation of coastal waters and ocean ecosystems, to improve the effectiveness of state efforts to protect ocean resources within existing fiscal limitations, to establish policies to coordinate the collection and sharing of scientific data related to coast and ocean resources between agencies, and to identify and recommend to the Legislature and the Governor changes in law and policy needed to meet the above goals.

Analysis Prepared by: Keith Cialino / W., P., & W. / (916) 319-2096 FN: 0003085

Date of Hearing: May 9, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2191

Author:(O'Donnell) – As Amended Ver:April 17, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Ocean Protection Council (OPC), upon appropriation by the Legislature, to develop and implement a White Shark Population Monitoring and Beach Safety Program for the purpose of providing the following:

1. Grants to academic institutions, public agencies, and nonprofit corporations engaged and experienced in research regarding white sharks, including, but not limited to, the monitoring and tracking of white shark movement along the California coast.
2. Grants to local agencies assisting with research conducted by academic institutions and engaged in specified qualified operations to promote public safety on California’s beaches as it relates to white shark sightings.

FISCAL EFFECT:

Unknown annual cost pressures, likely in the millions of dollars, to fund the grant programs (GF or special fund). OPC administrative costs will likely be 5% of the amount appropriated for grants.

COMMENTS:

1. Purpose. According to the author, the increases in the number of shark sightings in 2017 were so significant that the Shark Lab at California State University Long Beach ran out of resources to continue tagging sharks with tracking devices. This not only meant less data for research, but less information for those trying to ensure safety on California’s beaches.

This bill creates the White Shark Population Monitoring and Beach Safety Program, a grant program to support the work of academic institutions and their partners engaged in shark research.

1. Background. A shark incident is defined as any documented case where a shark approached and touched a person in the water, or touched a person’s surfboard, kayak, paddleboard, etc. Data compiled by the Department of Fish and Wildlife (DFW) shows 178 documented shark incidents in California waters from 1950 through 2017, with the majority of those incidents involving white sharks. The majority of incidents have occurred in a 150-mile zone in Northern California that stretches from Monterey to Bodega Bay, out to the Farallon Islands.

Of those 178 incidents, there have been 13 fatal injuries, 98 non-fatal injuries, and 67 incidents without injury. Incidents with non-fatal or fatal injuries have remained fairly constant since the 1980s. Incidents with no injuries have increased over time.

Documented shark incidents do not include shark sightings where no contact occurred. Data on shark sightings is more difficult to collect, but anecdotal evidence indicates that sightings have been increasing in recent years. According to the author. In 2017, shark sightings at California beaches had significant cases for responders, including law enforcement, water safety, and research personnel.

1. Ocean Protection Council and Public Safety.

This bill would fund grants for local agencies to develop policies for shark sightings and incidents. These efforts could include programs to develop and implement emergency response protocols, as well as training programs for lifeguards, harbor patrol, state game wardens, and other water safety and wildlife protection personnel on how to identify and safely interact with white sharks.

The OPC was formed for the protection of coastal waters and ocean ecosystem; it is not a law enforcement agency and does not have the expertise to issue public safety grants.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 24, 2018

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Eduardo Garcia, Chair

ABPCA Bill Id:AB 2191 (

Author:O'Donnell) – As Amended Ver:April 17, 2018

SUBJECT: Ocean Protection Council: White Shark Population Monitoring and Beach Safety Program

SUMMARY: Requires the Ocean Protection Council (OPC) to develop and implement a program to award grants for research regarding white sharks and to promote public safety on California’s beaches relating to white shark sightings. Specifically, this bill:

1. Requires the OPC to develop and implement a White Shark Population Monitoring and Beach Safety Program upon appropriation by the Legislature to award grants to the following entities:
   1. Academic institutions, public agencies, and nonprofit corporations engaged and experienced in, and local agencies assisting with, research regarding white sharks, including, but not limited to, the monitoring and tracking of white shark movement along the California coast.
   2. Local agencies engaged in operations to promote public safety on California’s beaches as it relates to white shark sightings.
2. Makes findings and declarations relating to the importance of coastal and ocean ecosystems to California, increases in white shark sightings and interactions, and the need to better understand white shark behavior in order to improve public safety on California beaches.

EXISTING LAW:

1. Establishes the OPC, consisting of the Secretary of the Natural Resources Agency, the Secretary for Environmental Protection, the Chair of the State Lands Commission, and two members of the public appointed by the Governor.
2. Prescribes the functions and duties of the OPC with respect to the protection and conservation of coastal waters and ocean ecosystems.
3. Allows the OPC to award grants, enter into interagency agreements, and provide assistance to public agencies and nonprofit organizations in order to support efforts to coordinate the activities of state agencies with ocean or coastal management interests or regulatory authority, to improve the effectiveness of state efforts to protect ocean resources, and to establish policies to coordinate the collection and sharing of scientific data related to coastal and ocean resources.
4. Requires the OPC to give preference when allocating grants and assistance to public agencies that support state agencies’ use and sharing of scientific and geospatial information for coastal- and ocean-relevant decision making.

FISCAL EFFECT: Unknown

COMMENTS: This bill requires the OPC to develop and implement a program to award grants for research regarding white sharks and to promote public safety on California’s beaches relating to white shark sightings.

Author’s Statement:

During the last 10 years, there has been a substantial increase in the number of shark sightings off of California’s coast. Estimates based on sightings from 2006-2008 put the White Shark population off California’s southern coast above 2,000. These numbers reflect improvements in California’s air quality, water quality, and fishery management. While this has been a positive environmental development, it has also created new opportunities and challenges.

Of the increases in shark sightings over the last decade, 2017 was an especially significant year. Increases in 2017 were so significant that the Shark Lab at California State University Long Beach ran out of resources to continue tagging sharks with tracking devices. This not only meant less data for research, but less information for those trying to ensure safety on California’s beaches. In order to ensure the continued health of marine ecosystems as well as the safety of California beachgoers, we must understand the factors that cause sharks to congregate at one beach over another. Researchers and their partners need more resources to continue monitoring, studying, and educating the public about sharks. AB 2191 provides this needed funding by creating the White Shark Population Monitoring and Beach Safety Program, a grant program to support the work of academic institutions and their partners engaged in shark research.

Background: White Sharks. There are currently multiple estimates of the Northeast Pacific White Shark population ranging from just a few hundred to greater than 3,000 individuals, with the higher estimates more likely to be correct. All current estimates involve some degree of uncertainty, as there are significant gaps in the understanding of white shark movements, reproductive biology, and mating behaviors. On June 4, 2014, consistent with the recommendation of the Department of Fish and Wildlife (DFW), the California Fish and Game Commission determined that based on the best available science, listing the Northeastern Pacific population of white shark as a threatened or endangered species under CESA is not warranted.

White sharks play a crucial role in the marine ecosystem by feeding on pinniped populations, such as seals and sea lions. The only real threats to white sharks are humans and the occasional killer whale. Increasing population numbers may be due to increasing pinniped populations, regulatory protections primarily enacted in the 1990s, including state and federal prohibitions on take of white sharks, and progressively restrictive regulations on gillnet gear over the same time. White sharks must be immediately released if caught accidentally. Some incidental catch in commercial gillnet and seine fisheries is allowed.

Juvenile white sharks are commonly found in Southern California waters. The Pacific Ocean off the coast of Southern California is a good nursery for white sharks, with warm water temperatures and high populations of grunion, a small prey fish. The juvenile sharks are found close to shore in summer and fall, and typically migrate from the warm summer waters off Southern California to Baja California for the winter. From what marine biologists understand, juvenile white sharks do not like water temperatures below 60 degrees. These young sharks also do not like it too warm, leaving an area or moving to deeper, cooler water if the water temperature gets higher than 84 degrees. Mature white sharks typically move into deeper water, or cooler waters near San Francisco, where they pursue full-size sea lions, seals, otters, sea turtles, and whales.

Incidents. A shark incident is defined as any documented case where a shark approached and touched a person in the water, or touched a person’s surfboard, kayak, paddleboard, etc. Data compiled by the DFW shows 178 documented shark incidents in California waters from 1950 through 2017, with the majority of those incidents involving white sharks. The majority of incidents have occurred in a 150-mile zone in Northern California that stretches from Monterey to Bodega Bay, out to the Farallon Islands.

Of those 178 incidents, there have been 13 fatal injuries, 98 non-fatal injuries, and 67 incidents without injury. Incidents with non-fatal or fatal injuries have remained fairly constant since the 1980s. Incidents with no injuries have increased over time. A paper published in Frontiers in the Ecology and the Environment (Ferretti et al. 2015) found the risk of a white shark bite in California decreased by 91 percent from 1950 to 2013.

California Shark Incident Statistics (Updated November 2017)

Source: https://www.wildlife.ca.gov/Conservation/Marine/White-Shark

Sightings. Documented shark incidents do not include shark sightings where no contact occurred, incidents where sharks approached boats, or cases where hooked sharks caused injury or damage. Data on shark sightings is more difficult to collect, but anecdotal evidence indicates that sightings have been increasing in recent years. In 2017, shark sightings at California beaches had significant fiscal impacts for responders, including law enforcement, water safety, and research personnel.

Public Safety. This bill would fund grants for local agencies to develop policies for shark sightings and incidents. These efforts could include programs to develop and implement emergency response protocols, as well as training programs for lifeguards, harbor patrol, state game wardens, and other water safety and wildlife protection personnel on how to identify and safely interact with white sharks.

Ferretti et al. (2015) found that an analysis of attack statistics for shark species and auxiliary data on ocean use may reveal spatial and temporal patterns of attack rates, determine whether bite risk has increased or decreased, investigate possible causes, and inform management strategies to address public safety and risk perception by the public (e.g. through ocean user associations such as scuba diving or surfers’ organizations, and natural resource management agencies). Nonlethal methods recommended by Curtis et al. (2012) for minimizing the risk of shark incidents include: beach closures; shark barriers; shark spotters and aerial surveys; research, including electronic tags; and education, outreach, and preparedness efforts.

OPC Grant Programs. White shark research in California may be eligible for funding under existing OPC grants. The OPC administers several grant programs through competitive and needs-based processes, including grants focused on marine ecosystem health. Funding from Proposition 1, Proposition 84, and the Environmental License Plate Fund has been utilized for these grants in the past. Additional funding may be available for similar grants if voters approve Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 [SB 5 (De León), Chapter 852, Statutes of 2017] in June 2018.

Considerations. Under this bill, grants would be available through the OPC for local agencies to develop public safety programs on California’s beaches related to white shark sightings. However, the OPC does not work on public safety issues. The author may wish to consider having an agency with a public safety mandate, such as the Department of Parks and Recreation, administer grants for public safety programs on beaches.

Prior and Related Legislation:

The Budget Act of 2017 [AB 97 (Ting), Chapter 14, Statutes of 2017] appropriated $2 million [Item 6440-001-0001; 2.5(c)] to the University of California for grants administered by the Wildlife Health Center at the Davis Campus to address whale and marine mammal entanglement.

SB 1319 (Burton), Chapter 719, Statutes of 2004, created the Ocean Protection Council to coordinate activities of state agencies that are related to the protection and conservation of coastal waters and ocean ecosystems, to improve the effectiveness of state efforts to protect ocean resources within existing fiscal limitations, to establish policies to coordinate the collection and sharing of scientific data related to coast and ocean resources between agencies, and to identify and recommend to the Legislature and the Governor changes in law and policy needed to meet the above goals.

Arguments in Support: Those in support argue that better knowledge about shark populations will allow for better management of ocean ecosystems and better protection of beach users.

Arguments in Opposition: None on file.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Harbor Masters and Port Captains

City of Long Beach

Sierra Club California

Opposition

None on file

Analysis Prepared by: Keith Cialino / W., P., & W. / (916) 319-2096