BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2363| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2363 Author: Chesbro (D), et al. Amended: 8/24/12 in Senate Vote: 27 - Urgency SENATE NATURAL RESOURCES AND WATER COMM. : 9-0, 6/12/12 AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe, Padilla, Simitian, Wolk SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 69-1, 5/25/12 - See last page for vote SUBJECT : Commercial Fishing: Dungeness crab SOURCE : Pacific Coast Federation of Fishermens Associations DIGEST : This bill modifies the Fish and Game Commissions authority to approve bottom trawling in state waters, and makes changes to the vessel permits provisions of law. Senate Floor Amendments of 8/24/12 repeals the section of bill about the transfer of limited entry fishing permits, adds specifications that Dungeness crab landings for purposes of permitting must have been made in California, adds more details on the type of vessels that qualify for permit transfers, and requires the Department of Fish and Game (DFG) to develop regulations for the retrieval of lost or abandoned crab traps. There are also some CONTINUED AB 2363 Page 2 non-substantive technical and clean-up language changes. Specifically, these amendments remove changes the bill made to the ability of limited entry permits to be transferred upon the death of the permit holder. The clarifying changes about the type of vessel that qualifies for permit transfers in the Dungeness crab fishery should make it more difficult for this practice to be abused by larger vessels, as has happened in the past. The final substantive change requires DFG, in collaboration with the California Dungeness Crab Task Force (CDCTF), to develop regulations for the retrieval of lost or abandoned crab traps. Earlier the bill listed specific dates when lost or abandoned crab traps could be retrieved. Requiring DFG and the CDCTF to make these regulations will ensure the primary stakeholders are involved in the development of the regulations. The remaining amendments are technical and make no substantive changes. Senate Floor Amendments of 8/7/12 were technical. ANALYSIS : Existing law authorizes the Director of DFG to authorize one or more operators of commercial fishing vessels to take and land a limited number of Dungeness crab for the purpose of quality testing, as provided. Existing law prohibits the department from approving a testing program unless it is funded by the entity authorized to conduct the testing program and prohibits the sale of the crab taken for testing. Those provisions become inoperative on April 1, 2019, and are repealed on January 1, 2020. This bill deletes the above prohibitions, and, instead, would specifically authorize the sale of tested crab meat and the use of sale revenues for purposes of managing the testing program. The bill requires that the sale revenues be deposited in an account managed and overseen by the Pacific States Marine Fisheries Commission. The bill requires the department, in consultation with specified entities, to develop suggested guidelines for the management of the funds from the sale, among other guidelines. Existing law requires the Director to adopt a program, as provided, for Dungeness crab trap limits for all California CONTINUED AB 2363 Page 3 permits, that includes 7 tiers of Dungeness crab trap limits based on all California landings receipts under California permits, as specified. Existing law authorizes an individual to submit an appeal of a trap tag allocation by March 31, 2014, as provided. Existing law requires the individual requesting the appeal to pay all expenses, including a nonrefundable filing fee, as determined by the department, to pay for the department's reasonable costs associated with the appeal that is heard and decided by an administrative law judge. Those provisions become inoperative on April 1, 2019, and are repealed on January 1, 2020. This bill authorizes any Dungeness crab permitholder to apply to the administrative law judge for a waiver of these appeal fees. The bill authorizes the administrative law judge to consider certain factors when making this determination, including medical hardship. This bill requires the department to decide an appeal to revise downward a trap tag allocation. Existing law regulating the Dungeness crab fishery permits the owner of a vessel to whom a Dungeness crab vessel permit has been issued, upon the written approval of the department, to temporarily transfer the permit to another replacement vessel for which use in the Dungeness crab fishery is not permitted, for a period of not more than six months during the current permit year, under specified circumstances. Existing law also permits the transfer of a permit to another vessel in the event of loss or destruction of a permitted vessel, within two years after the loss or damage of the original vessel. This bill requires the owner of a vessel to whom a Dungeness crab vessel permit has been issued to have had California Dungeness crab landings made with trap gear documented on department landing receipts and to have had California Dungeness crab landings of not less than 5,000 pounds cumulative for the past two Dungeness crab seasons to translate the permit. The bill also requires the replacement vessel to be equivalent in size and capacity, as specified, to the vessel from which the permit is transferred. The bill requires specified proof of loss, theft, damage, mechanical breakdown, or destruction to be CONTINUED AB 2363 Page 4 submitted for a vessel permit to be transferred. This bill requires a vessel owner to sign an application for transfer and certify that the information included is true to the best of his or her information and belief. By expanding the definition of the crime of perjury, this bill would impose a state-mandated local program. Existing law regulating commercial fishing traps makes it unlawful, except as specified, to willfully or recklessly disturb, move, or damage any trap that belongs to another person and that is marked with a buoy identification number. This bill authorizes the department, in consultation with the Dungeness Crab Task Force, to develop regulations as necessary to provide for the retrieval of lost or abandoned commercial crab traps. Those provisions would become inoperative on April 1, 2019, and would be repealed on January 1, 2020. Existing law authorizes expenditures from the fish and wildlife propagation fund of any county to be made for specified purposes, including for reasonable administrative costs, as provided. Existing law defines "reasonable cost" as an amount that does not exceed three percent of the average amount received by the fund during the previous three-year period, or $3,000 annually, whichever is greater, as provided. This bill defines "reasonable cost" as an amount that does not exceed 15% of the average amount received by the fund during the previous three-year period, or $10,000 annually, whichever is greater. Existing law requires the department to charge a specified fee for each Dungeness crab vessel permit and for certain transfers of permits for the reasonable regulatory costs of the department. This bill provides for these fees for each transfer of a permit. Background Dungeness crab fishery . Dungeness crab Cancer magister was first taken commercially in California off the coast of San CONTINUED AB 2363 Page 5 Francisco around 1848. Since that time, the Dungeness crab fishery has expanded to cover ocean waters between San Luis Obispo County and the California-Oregon border. The Dungeness crab fishery has also become one of California's most valuable fisheries, bringing in an average of $30.4 million every year. Almost all of California's commercial Dungeness crab is captured in traps. Management of the commercial Dungeness crab fishery is by the Legislature, instead of the Fish and Game Commission who manages most of the other commercial fisheries. In 1992, in response to population declines, the Legislature started a restricted access program by requiring anyone landing Dungeness crab for commercial purposes to have an annual permit. In 1994, the program was reviewed and it was determined it was necessary to limit the number of vessels to protect the fishery. According to the 2012 California Legislative Fisheries Forum Report, there are currently less than 600 commercial Dungeness crab permits, although only about 395 of those are active. There is concern that an increase in the use of the inactive permits could cause over-fishing and worsen over-crowding on fishing grounds. In 2008, the Legislature designated a Dungeness Crab Task Force to review and evaluate Dungeness crab fishery management measures, including a new trap limits program for California permits, and provide its recommendations to the Joint Committee on Fisheries and Aquaculture, DFG, and the Fish and Game Commission. Membership of the Task Force includes sport and commercial fishing interests, and nonvoting members from DFG, non-governmental organizations, and SeaGrant. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/27/12) Pacific Coast Federation of Fishermen's Associations (source) Oceana ASSEMBLY FLOOR : 69-1, 5/25/12 AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Block, CONTINUED AB 2363 Page 6 Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, Garrick, Gatto, Gordon, Gorell, Hagman, Halderman, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Lara, Logue, Bonnie Lowenthal, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, V. Manuel Pérez, Portantino, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Yamada, John A. Pérez NOES: Beth Gaines NO VOTE RECORDED: Atkins, Bill Berryhill, Fletcher, Grove, Hall, Knight, Ma, Perea, Silva, Williams CTW:DLW:n 8/27/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED