BILL ANALYSIS Ó
AB 2363
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CONCURRENCE IN SENATE AMENDMENTS
AB 2363 (Chesbro)
As Amended August 24, 2012
2/3 vote. Urgency
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|ASSEMBLY: |69-1 |(May 25, 2012) |SENATE: |35-0 |(August 29, |
| | | | | |2012) |
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Original Committee Reference: W., P., & W.
SUMMARY : Modifies requirements for quality testing of Dungeness
crab meat; changes the criteria governing transfers of Dungeness
crab vessel permits, and modifies law regulating Dungeness crab
trap tag allocations.
The Senate amendments :
1)Add further adjustments to the Fish and Game Code relating to
quality control testing of Dungeness crab.
2)Strike provisions expanding the circumstances under which, and
the persons to whom, a limited entry fishing permit may be
transferred upon the death of the permit holder.
3)Clarify that it is a Dungeness crab permit holder that has
standing to appeal a trap tag allocation, that the appeal is
to the director of the Department of Fish and Game (DFG), and
that any appeal to revise upward a trap tag allocation must be
based on evidence of an unfair hardship.
4)Authorize a Dungeness crab permit holder to apply to the
administrative law judge (ALJ) for a waiver of trap tag
allocation appeal fees. Authorize the ALJ in determining the
waiver request to only consider medical hardship and military
service occurring during the period of November 15, 2003,
through July 15, 2008. Provide that an appeal to revise
downward a trap tag allocation shall be decided by DFG.
5)Eliminate requirement that DFG's approval of certain vessel
permit transfers be based upon recommendations of the
Dungeness crab review panel.
6)Modify the criteria for temporary transfer of Dungeness crab
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vessel permits from vessels that are damaged to require that
the vessel from which the permit is being transferred must
have had crab landings made with trap gear documented on DFG
landing receipts in an amount not less than 5,000 pounds
cumulative for the last two Dungeness crab seasons, and to
require that the replacement vessel be one which is not
already permitted for Dungeness crab, is of equivalent size
and capacity as the originally permitted vessel, and is no
greater than 10 feet longer overall than the originally
permitted vessel. Only the permittee at the time of the loss
may apply for the permit transfer.
7)Require proof of the loss or destruction of the vessel to be
documented with copy of a report filed with the United States
Coast Guard or other law enforcement or fire agency that
investigated the loss, and require that cost repair estimates
be provided in the case of mechanical breakdowns. Permit
transfers in the case of fraud would be prohibited. Add
similar requirements with regard to requests for permanent
transfers of Dungeness crab vessel permits in cases of loss or
damage rendering a vessel inoperable.
8)With regard to renewable permit transfers in the event of the
death or incapacity of a permit holder, authorize the estate
of the permit holder to renew the permit, and to transfer the
permit no later than two years from the death of the permit
holder.
9)Require a vessel owner to sign and certify the truth of
information contained in an application for a permit transfer.
10)Require existing vessel permit transfer fees to apply to all
transfers of permits.
11)Adjust the "reasonable cost" amount for secretarial service,
travel, and postage by a county fish and wildlife commission.
The fee would be adjusted from 3% of the average amount
received by the fund during the previous three-year period, or
$3,000 annually, whichever is greater, to 15% of the average
amount received by the fund during the previous three-year
period, or $10,000 annually, whichever is greater.
12)Delete proposed authorization for retrieval of lost or
abandoned crab traps and instead require DFG, in consultation
with the Dungeness Crab Task Force, to develop regulations as
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necessary to provide for retrieval of lost or abandoned
commercial crab traps.
13)Add an urgency clause.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required a limited entry fishery permit to be transferred,
upon application, to a parent, spouse, child, sibling,
domestic partner, or other natural person who is an heir of a
permit holder whose death occurred after January 1, 2010.
Required that the application for the transfer be submitted on
or before July 1, 2013, or not more than one year after the
death of the permittee, whichever is later.
2)Authorized the DFG director to authorize another person, when
requested by the new permittee, to serve in the place of the
new permittee and to fish under the limited entry permit for
not more than one year from the date of the permit transfer.
3)Narrowed the conditions under which Dungeness Crab vessel
permits may be temporarily transferred by requiring that the
permit holder who is seeking to transfer the permit must have
had Dungeness crab landings of not less than 5,000 pounds
cumulative over the past two years, and requiring that the
vessel to which the permit is to be temporarily transferred be
of equivalent size and capacity, and no greater than 10 feet
longer in length. Required as a condition of a permanent
transfer of a Dungeness crab vessel permit in the event of a
loss or destruction or serious damage rendering a vessel
inoperable, that the replacement vessel be of an equivalent
size and capacity.
4)Authorized any person with a commercial fishing license to
retrieve and bring to shore Dungeness Crab traps that are lost
or abandoned, or are present in ocean waters in Districts 6,
7, 8, 9 or 10, more than 96 hours after the closure of the
season in that district and before 96 hours prior to the
opening of the next season. Provided that this authority
shall not apply to recreational crab traps. Required DFG to
establish regulations as necessary to implement and enforce
this provision, including notification to owners of the traps,
any retrieval fee, and sale or auction of retrieved traps.
Included a sunset clause providing that this provision shall
become inoperative on April 1, 2019.
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FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : The Senate amendments, among other things, make
changes to the quality testing of Dungeness crab such that the
meat extracted from the test may be sold by the entity approved
by DFG and revenues from the sale used for managing the testing
program. Revenues from the sale would be required to be
deposited in an account managed by the Pacific States Marine
Fisheries Commission. Guidelines for the testing program are to
be developed in consultation with representatives of the
California Dungeness crab industry, including California
delegates to the Tri-State Dungeness Crab Commission, members of
the California Dungeness Crab Task Force, or both. The
guidelines are to include suggestions for the management of
funds received from the sale of the crab meat extracted during
the quality testing, guidelines for the testing program, and
measures to track crab caught for the purpose of the testing
program.
The Senate amendments also clarify the criteria for appeal of a
trap tag allocation and authorize a permit holder to apply to
the ALJ for a waiver of appeal fees.
The Senate amendments also modify the criteria for transfers of
Dungeness crab vessel permits where vessels are damaged,
including requirements for proof of loss and signed
certifications.
An urgency clause was added on the basis that improved ability
for Dungeness crab quality testing should commence prior to the
2012-13 crab season, which may begin November 15, 2012.
According to the author, this improved testing will provide the
Director of DFG vital information that was lacking during the
2011-12 crab season. Without this improved testing, the crab
season could be prematurely opened or unnecessarily closed.
Analysis prepared by : Mandy Arens and Diane Colborn / W., P.
& W. / (916) 319-2096
FN: 0005734
AB 2363
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