BILL ANALYSIS Ó ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2011-2012 Regular Session | | | ----------------------------------------------------------------- BILL NO: SB 369 HEARING DATE: April 12, 2011 AUTHOR: Evans URGENCY: No VERSION: As Introduced CONSULTANT: Katharine Moore DUAL REFERRAL: No FISCAL: Yes SUBJECT: Dungeness crab. BACKGROUND AND EXISTING LAW The California Dungeness crab fishery is a valuable state resource - approximately $24 million of crab are landed annually - and is one of the most profitable fisheries remaining in the state. The optimal long-term management strategy for the fishery is a contentious issue due to the competing interests of the multiple stakeholders. Sections 8275 - 8284 of the Fish and Game Code (FGC) contain much of the statutory language relevant to California's Dungeness crab fishery. Existing law: Permits the director (director) of the Department of Fish and Game (DFG) to delay the opening of the fishery in certain circumstances, regulates certain preparations for the fishery's opening, and regulates the taking of crab during these delays; Establishes eligibility criteria to obtain a commercial Dungeness crab vessel permit and requires this permit to land crab; Establishes the necessary criteria to transfer and/or revoke a Dungeness crab vessel permit; Establishes fees for the permit; and Requires the director to convene a Dungeness crab review panel for the purpose of reviewing permits and application transfers. The sunset date for these provisions is April 1, 2012. In 2008, the Legislature passed SB 1690 (Wiggins, c.727, Stats. 2008) which directed the creation of the Dungeness Crab Task 1 Force (DCTF). DCTF membership, representative of varied fishery interests, was specified in the bill. The DCTF was required to address certain issues of concern to the Dungeness crab fishery and to report its recommendations for management of the fishery to the Legislature, DFG and the Fish and Game Commission in early 2010. DCTF submitted its findings in two reports that contained multiple management objectives and recommendations for the fishery. The proposed management objectives focus primarily on reducing the threat of unsustainable expansion to the commercial fishery. The recommendations describe specific actions necessary to support these management objectives, including, in particular, a pilot program to assess the value of limiting the number of crab pots available to each permit holder based upon previously reported catch. Both Washington and Oregon have recently implemented similar "tiered" programs to limit total crab pot deployment. Last year, SB 1093 (Wiggins) sought to implement many of the DCTF's recommendations. This committee supported SB 1093 twice with votes of 5 - 3 and 6 - 3. SB 1093 ultimately failed on the Senate Floor the last night of session. PROPOSED LAW This bill would extend the sunset date for multiple sections of the FGC governing the commercial crab fishery by three years to April 15, 2015. There are additional minor proposed changes in statute for clarity. ARGUMENTS IN SUPPORT According to the author, SB 369 "is seen by crab fishermen and processers as vitally important to the state's crab industry. First of all, the bill in its current form extends Ýthe sunset in existing law from] next year to 2015, thereby allowing the current Dungeness Crab permitting program to continue without disruption. Secondly, it provides the platform for ongoing work with Crab Fishery stakeholders to craft a bill that will help conserve the resource, meet the regulatory requirements of the Department of Fish and Game, keep unneeded gear out of the water, and put a halt to the annual cross border race for crabs that threatens the livelihoods of our fishermen." The Crab Boat Owners of San Francisco offer additional "enthusiastic support for SB 369, a bill that will ensure the long-term sustainability of the California crab fishery" and "strongly support Senator Evans' leadership" on the issue "to protect and enhance both the resources and the industry that depends on it." They emphasize that SB 369 "will implement a number of recommendations of the Dungeness Crab Task Force. 2 These revisions will be again driven by consensus within a stakeholder group made up of a variety of fishing interestÝs]." The Environmental Defense Fund echoes these remarks and points out that the crab fishery is the "economic foundation for many coastal communities" and a "critical natural resource". ARGUMENTS IN OPPOSITION None received COMMENTS SB 369 is a work in progress . This bill extends the sunset dates for the statutory requirements governing California's crab fishery which are set to expire next year. However, the author also intends to use this bill as a vehicle to implement the DCTF's recommendations, although it does not do so yet. The committee may wish to request that the author bring this bill back before this committee should substantial amendments occur. SUPPORT Environmental Defense Fund Crab Boat Owners of San Francisco Pacific Coast Federation of Fishermen's Associations OPPOSITION None Received 3