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