BILL ANALYSIS Ó
SB 369
Page 1
SENATE THIRD READING
SB 369 (Evans)
As Amended August 15, 2011
Majority vote
SENATE VOTE :24-16
WATER, PARKS & WILDLIFE 7-4APPROPRIATIONS 12-5
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|Ayes:|Huffman, Blumenfield, |Ayes:|Fuentes, Blumenfield, |
| |Campos, Fong, Gatto, | |Bradford, Charles |
| |Roger Hernández, Yamada | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Halderman, Bill |Nays:|Harkey, Donnelly, |
| |Berryhill, Jones, Olsen | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Establishes a Dungeness crab trap limit program,
reestablishes the Dungeness crab taskforce and makes other
related changes. Specifically, this bill :
1)Requires the Department of Fish and Game (DFG) to adopt a
Dungeness crab trap limit program by July 1, 2012. Requires
the program to contain all of the following:
a) Seven tiers of trap limits based on California landings
between November 15, 2003, and July 15, 2008, ranging from
a maximum allocation of 500 traps for the highest landings
tier, to a maximum allocation of 175 traps for the lowest
tier;
b) Requires participants to pay a biennial fee, not to
exceed $5, for each trap tag issued, to pay a pro rata
share of program costs, and to purchase a biennial crab
trap limit permit for not more than $1,000 per two-year
period to pay for DFG's reasonable regulatory costs;
c) Prohibits leasing of a crab trap tag and allows transfer
of a tag only with the purchase of a California permitted
crab vessel;
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d) Requires each trap that is fished to have a tag fastened
to the main buoy and an additional tag provided by the
permit holder attached to the trap. Requires DFG to
mandate the information that is required to appear on both
the buoy and trap tags;
e) Requires DFG to provide an annual accounting of all
costs of the program, and requires excess funds collected
by DFG to be used to reduce the costs of the permit or tag
fees in subsequent years;
f) Authorizes permit holders to replace lost tags by
application to DFG and payment of a fee, not to exceed
DFG's reasonable costs, which fee may be waived or reduced
by DFG in the case of catastrophic loss of tags; and,
g) Authorizes an appeal of a trap tag allocation by July 1,
2013, to the DFG director on a permit-by-permit basis,
based on evidence California landings were reduced as a
result of unusual circumstances constituting an unfair
hardship. Requires DFG to initiate the appeal process
within 12 months of receiving an appeal request. Requires
the appeal to be heard before an administrative law judge
with the Office of Administrative Hearings whose decision
shall constitute a final administrative decision. Requires
the individual requesting the appeal to pay all expenses, a
nonrefundable filing fee, and DFG's reasonable costs.
2)Provides that a violation of the requirements of the program
may be subject to existing criminal penalties and authorizes
new civil penalties ranging from a fine of not less than $250
and not more than $1,000 per illegal trap for a first offense;
not less than $500 and not more than $2,500 per trap for a
second offense, plus a one year suspension of the permit; and
not less than $1,000 and not more than $5,000 per trap for a
third offense. The permit may also be permanently revoked
upon conviction of a third offense.
3)Provides that recommendations for changes in the program that
are supported by an affirmative vote of at least 15 of the
non-ex officio members of the Dungeness crab task force may be
transmitted to the DFG director or the Legislature.
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4)Requires DFG to submit a proposed program to the task force
for review and prohibits DFG from implementing the program
until the task force has had 60 days to review the program and
make recommendations. Authorizes DFG to modify the program
after consultation with the task force and after the task
force has had 60 days to review the proposed changes.
5)Requires the Ocean Protection Council (OPC) to make a grant,
upon appropriation by the Legislature, for development and
administration of a Dungeness crab taskforce. Provides that
the membership of the task force shall consist of 27 members,
including 2 members representing sport fishing interests, 2
representing crab processing interests, 1 representing
commercial passenger fishing vessel interests, 2 ex officio
members representing nongovernmental organizations, 1 ex
officio member representing Sea Grant, 2 ex officio members
representing DFG, and 17 members representing commercial
fishing interests elected by licensed Dungeness crab permit
holders from different ports, as specified.
6)Requires the Dungeness crab task force to review and evaluate
Dungeness crab management measures and make recommendations to
the Joint Committee on Fisheries and Aquaculture, DFG and the
Fish and Game Commission (FGC) no later than January 1, 2014,
with final recommendations no later than January 15, 2016.
Recommendations may be forwarded upon an affirmative vote of
at least two-thirds of the task force members.
7)Creates the Dungeness Crab Account in the Fish and Game
Preservation Fund and requires fees collected for crab trap
permits to be deposited in the account and used by DFG, upon
appropriation by the Legislature, for administering and
enforcing the crab trap limit program.
8)Authorizes DFG to borrow funds to cover initial program costs,
to be repaid within one year from collection of fees.
Requires OPC to give high priority to providing funds or
services to DFG, in addition to loans, to assist in
development of the program.
9)States legislative intent that DFG, OPC and the Dungeness crab
task force work with the Pacific States Marine Fisheries
Commission and the Tri-state Dungeness Crab Commission to
resolve issues pertaining to moving the fair start line south
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to the border of California and Mexico and including District
10 in the tri-state agreement, as specified.
10)Adds a sunset clause providing that the Dungeness crab trap
limit program created by this bill and authorization for the
Dungeness crab task force shall become inoperative on April 1,
2018, and be repealed as of January 1, 2019.
11)Extends the sunset on existing provisions of law, including
provisions authorizing DFG to order a delay in the opening of
the crab season, prohibiting commercial take of crab without a
vessel permit, and a Dungeness crab review panel, to continue
to be operative until April 1, 2018, and repealed effective
January 1, 2019. These sections will otherwise become
inoperative as of April 1, 2012, and be repealed effective
January 1, 2013.
12)Authorizes a crab vessel permit holder whose vessel is lost
or destroyed, upon approval of DFG, to transfer the permit to
another vessel owned by the permit holder within 2 years after
the original vessel is lost or destroyed. Provides that if
the permit is not so transferred within two years, the permit
shall be revoked.
13)Increases the penalties for fishing without a Dungeness crab
vessel permit or using a permit to fish illegally on another
vessel, to include, in addition to existing criminal
penalties, a fine of not more than $20,000 and, at DFG's
discretion, revocation of the person's fishing license and the
commercial boat registration license for up to five years.
EXISTING LAW :
1)Regulates the commercial Dungeness crab fishery by, among
other things, restricting the size of crabs that may be
harvested, requiring a crab vessel permit to take crab
commercially, limiting the number and type of vessels,
limiting the season, and regulating the type of gear used to
take crab.
2)Sets the crab season in Districts 6, 7, 8, and 9, for
Mendocino County north to extend from December 1 through July
15, and for all other districts south of Mendocino County from
November 15 through June 30. Authorizes DFG to delay the
opening of the season under certain circumstances.
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3)Sets forth requirements and restrictions on transfers of crab
vessel permits and authorizes a permit holder to temporarily
transfer a permit to a replacement vessel for up to six months
if the permitted vessel is seriously damaged, lost or
destroyed.
4)Provides for the Dungeness crab task force, which was funded
with a grant from the OPC, and consisted of members
representing Dungeness crab fishermen and others. The law
required the task force to review and make recommendations to
the Legislature on Dungeness crab management and related
objectives. The provision of law providing for the Dungeness
crab task force sunset on January 1, 2011.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)One-time costs over 2011-12 and 2012-13 to DFG, possibly
reaching around $700,000, to develop regulations and the
program, procure crab trap tags, develop a new permit within
DFG's automated permitting system and publicize requirement to
crab fishermen (Fish and Game Preservation Fund (FGPF)).
2)Ongoing annual costs of approximately $175,000 to DFG,
starting in 2012-13, to administer and oversee crab trap limit
program. (Dungeness Crab Account).
3)Ongoing annual costs of approximately $175,000 to DFG,
starting in 2012-13, to enforce crab trap limit program.
(Dungeness Crab Account.)
4)Ongoing annual costs of approximately $25,000 for staff to
support the work of the taskforce. (Dungeness Crab Account.)
5)Ongoing annual fee and permit revenue to DFG, starting in
2013-14, of an unknown amount but likely sufficient to cover
DFG's ongoing costs. (Dungeness Crab Account).
6)One-time costs during 2011-12 and 2012-13 in the range of
$50,000 to $200,000 to DFG to establish civil penalty program.
(FGPF.)
7)Potential annual ongoing civil penalty and fine revenue of an
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unknown amount. (General Fund).
8)Cost pressure on the OPC to make a grant of an unknown amount,
but likely in the tens of thousands of dollars, to fund
development and administration of the task force and DFG's
related staffing costs (Special fund).
COMMENTS : This bill extends the sunset date on the current
Dungeness crab limited entry program and establishes a new Crab
Trap Limits program. The author believes this bill will improve
the long term sustainability of the fishery and end the annual
increase of crab traps in the ocean that leads to a glut of crab
on the market early in the season and increased safety risks to
fishermen who compete in a derby type race to fish. The author
also believes this bill will reduce the amount of derelict gear
in the water, which will have increased safety and environmental
benefits, and protect California's crab fishery from unfair
competition from large out of state boats that are limited in
their own states. The author notes the Dungeness crab fishery
is a valuable state fishery that has an average ex-vessel price
for landed crabs of approximately $224.4 million per year. With
the reduction of the salmon fishery over the last few years, the
Dungeness crab fishery is now one of the most productive
fisheries in California.
SB 1690 (Wiggins), Chapter 727, Statutes of 2008, provided for
creation of a Dungeness crab task force, funded with a grant
from the OPC, and required the task force to make
recommendations to the Legislature on Dungeness crab management,
including options for pot limit restrictions. The task force
met and made recommendations for a tiered crab pot-limit pilot
program. The recommendations were incorporated into SB 1093
(Wiggins) of 2010 which was held in the Senate Appropriations
Committee due to concerns about costs of implementation.
The crab trap limits program established by this bill would be
paid for through trap and permit fees. The Dungeness crab task
force, which sunset on January 1, 2011, would be recreated and
paid for through a new grant from the OPC, and would be tasked
with reviewing the program and making recommendations to the
Legislature, DFG and FGC at two year intervals. The entire
program would be subject to a six year sunset.
The Environmental Defense Fund in support asserts this bill will
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greatly improve the long term sustainability of the Dungeness
crab fishery and protect the livelihood of fishermen who depend
on this resource. They note the task force was a diverse group
of fishermen elected from all major crab ports and representing
both large and small boats. The group met and came to consensus
on the need for a trap limit in the fishery. The Crab Boat
Owners Association of San Francisco also supports this bill
which they emphasize will ensure the long term sustainability of
the California crab fishery, give the state's fishermen the
ability to compete more fairly with out-of-state fishermen,
reduce the amount of derelict gear in the water, and resolve
other management issues.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN:
0002210