BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 369|
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UNFINISHED BUSINESS
Bill No: SB 369
Author: Evans (D)
Amended: 9/2/11
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
SENATE FLOOR : 24-16, 5/9/11
AYES: Alquist, Calderon, Corbett, De León, DeSaulnier,
Evans, Hancock, Hernandez, Kehoe, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Vargas, Wolk, Wright, Yee
NOES: Anderson, Berryhill, Blakeslee, Cannella, Correa,
Dutton, Emmerson, Fuller, Gaines, Harman, Huff, La Malfa,
Runner, Strickland, Walters, Wyland
ASSEMBLY FLOOR : Not available
SUBJECT : Dungeness crab
SOURCE : Author
DIGEST : This bill establishes a Dungeness crab trap
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limit program, reestablishes the Dungeness crab taskforce
and makes other related changes.
Assembly Amendments (1) extend the deadline for the
Department of Fish and Game (DFG) to implement the crab
trap program required by this bill from July 1, 2012, to
March 31, 2013, and likewise change the deadline for
submittal of appeals of trap tag allocations from July 1,
2013, to March 31, 2014; (2) clarify that the ex officio
members of the crab advisory taskforce are nonvoting
members; (3) extend the sunset date from 2019 to 2020 for
various sections of law relating to Dungeness crab,
including sections governing the opening and delay of
opening of seasons, the existence of the Dungeness crab
task force (DCTF), the crab trap program to be created by
this bill, crab vessel permit and transfer requirements,
penalties for violations, the existence of the Dungeness
crab review panel, and fees for vessel permits; (4) extend
the deadline for the DCTF to make recommendations on
Dungeness crab management measures to the Joint Fisheries
and Aquaculture Committee, DFG and the Fish and Game
Commission, to January 15, 2015, for initial
recommendations and January 15, 2017, for final
recommendations, and extend to January 15, 2015, the
deadline for the task force to make other specified
recommendations related to the crab fishery; (5) authorize
the Ocean Protection Council to include in grant funding
monies to cover travel costs for the DFG representatives to
the DCTF; and (6) require the crab limit program to contain
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.
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 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;
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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:
1. Requires DFG to adopt a Dungeness crab trap limit
program by March 31, 2013. 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;
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;
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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
March 31, 2014, 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 nonvoting members of the DCTF may be transmitted
to the Direction of DFG or the Legislature.
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
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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 two members
representing sport fishing interests, two representing
crab processing interests, one representing commercial
passenger fishing vessel interests, two nonvoting
members representing nongovernmental organizations, one
nonvoting member representing Sea Grant, two nonvoting
members representing DFG, and 17 members representing
commercial fishing interests elected by licensed
Dungeness crab permit holders from different ports, as
specified. Authorizes the OPC to include in grant
funding monies to cover travel costs for the DFG
representatives to the DCTF.
6. Requires the DCTF to review and evaluate Dungeness crab
management measures and make initial recommendations to
the Joint Fisheries and Aquaculture Committee, DFG and
the Fish and Game Commission no later than January 15,
2015, with final recommendations no later than January
15, 2017. 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.
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9. States legislative intent that DFG, OPC and the DCTF
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 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 DCTF shall become inoperative on
April 1, 2019, and be repealed as of January 1, 2020.
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, 2019, and repealed effective January 1, 2020.
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 two 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.
Background
In 2008, the Legislature passed SB 1690 (Wiggins), Chapter
727, Statutes 2008, which directed the creation of the
DCTF. DCTF membership, representative of varied fishery
interests, was specified in the bill. The DCTF was
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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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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 (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)
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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 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)
SUPPORT : (Verified 9/6/11)
Crab Boat Owners Association 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 9/7/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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