BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 369|
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                                 THIRD READING


          Bill No:  SB 369
          Author:   Evans (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE NATURAL RES. & WATER COMMITTEE  :  5-2, 4/12/11
          AYES:  Pavley, Evans, Kehoe, Padilla, Wolk
          NOES:  Cannella, Fuller
          NO VOTE RECORDED:  La Malfa, Simitian

           SENATE APPROPRIATIONS COMMITTEE  :  6-3, 5/2/11
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Emmerson, Runner


           SUBJECT  :    Dungeness crab

           SOURCE  :     Author


          DIGEST  :    This bill extends until 2015 the sunset of 
          several code sections governing the commercial harvest of 
          Dungeness crab, including a section imposing a regulatory 
          fee on commercial Dungeness crab fishing vessels.

           ANALYSIS  :    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:

          1. Permits the Director of the Department of Fish and Game 
             (DFG) to delay the opening of the fishery in certain 
             circumstances, regulates certain preparations for the 
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             fishery's opening, and regulates the taking of crab 
             during these delays;

          2. Establishes eligibility criteria to obtain a commercial 
             Dungeness crab vessel permit and requires this permit to 
             land crab;

          3. Establishes the necessary criteria to transfer and/or 
             revoke a Dungeness crab vessel permit;

          4. Establishes fees for the permit; and  

          5. 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.

          This bill extends until 2015 the sunset of several code 
          sections governing the commercial harvest of Dungeness 
          crab, including a section imposing a regulatory fee on 
          commercial Dungeness crab fishing vessels.

           Background
           
          In 2008, the Legislature passed SB 1690 (Wiggins), Chapter 
          727, Statutes 2008, which directed the creation of the 
          Dungeness Crab Task 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 







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          to limit total crab pot deployment.  Last year, SB 1093 
          (Wiggins) sought to implement many of the DCTF's 
          recommendations.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions              2011-12     2012-13     
           2013-14   Fund  

          Fee revenues                ($170)     ($170)     Special 
          *

          Enforcement                 Minor costs            
          Special *

          * Fish and Game Preservation Fund.

           SUPPORT  :   (Verified  5/3/11)

          Crab Boat Owners of San Francisco
          Environmental Defense Fund
          Pacific Coast Federation of Fishermen's Associations

           ARGUMENTS IN SUPPORT  :    According to the author, this bill 
          "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."


          CTW:kc  5/3/11   Senate Floor Analyses 







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                         SUPPORT/OPPOSITION:  SEE ABOVE

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