BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2363|
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                                 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 
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          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 

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          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 

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          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 

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          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, 

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            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

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