BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 369| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 369 Page 2 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 SB 369 Page 3 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 SB 369 Page 4 SUPPORT/OPPOSITION: SEE ABOVE **** END ****