BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: AB 165 HEARING DATE: June 11, 2013
AUTHOR: Beth Gaines URGENCY: No
VERSION: January 23, 2013 CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Commercial fishing: crayfish.
BACKGROUND AND EXISTING LAW
Adopted in 1970, Fish and Game Code section 8490 prohibits the
sale or purchase of crayfish taken from Lake Tahoe or the Lake
Tahoe Basin.
Regulations of the California Fish and Game Commission (FGC)
require commercial fishing licenses, crayfish permits, and
commercial fishing vessel registration for commercial crayfish
harvest operations. These regulations also limit bycatch, limit
the size of crayfish traps to three feet in greatest dimension,
require the immediate return of other species taken in crayfish
traps among other provisions.
PROPOSED LAW
This bill would lift the ban on sale and purchase of crayfish
taken from Lake Tahoe or the Lake Tahoe Basin. It includes an
intent section that states that any "allowance" for commercial
crayfish operations shall have the primary purpose of reducing
the population of the signal crayfish, an invasive species, and
that commercial taking of crayfish shall be consistent with the
state goals for management of invasive species as set forth in
the Lake Tahoe Region Aquatic Invasive Species Management Plan.
The bill also states that the taking of crayfish shall be
subject to regulations of the FGC, which although not stated in
the bill, would presumably trigger a review pursuant to the
California Environmental Quality Act.
ARGUMENTS IN SUPPORT
According to the author, this bill will help control Lake
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Tahoe's invasive crayfish population. The author argues that
reducing the number of crayfish in Lake Tahoe will in turn help
address concerns over lake clarity. In addition to environmental
benefits, the author states that allowing the buying and selling
of crayfish from Lake Tahoe will help stimulate the state and
local economy. The author notes that, under current law, even
California restaurants near Lake Tahoe must import crayfish from
out of the region or out of the state.
The Tahoe Regional Planning Agency (TRPA), a bi-state planning
and regulatory agency with jurisdiction over the Lake Tahoe
region, supports lifting California's current statutory ban on
commercial harvest of crayfish. TRPA states that commercial
crayfish harvesting from Lake Tahoe "may allow the control of
this species by engaging the private sector to accomplish what
otherwise would not be possible given the limited public
funding" for controlling invasive species. TRPA also states that
it will "conduct an environmental analysis on the commercial
boating associated with each individual harvest operation" in
order to ensure that any resulting commercial operation is
consistent with its standards and ordinances.
ARGUMENTS IN OPPOSITION
None received
COMMENTS
According to research done by the science and technology fellow
at the Assembly Water Parks and Wildlife Committee, the signal
crayfish (Pacifastacus leniusculus) is native to freshwaters
within the Pacific Northwest coast. The Truckee watershed was
first seeded with crayfish in the early 1900s. Some of the
crustaceans were planted by anglers to provide food for the
trout deposited in Lake Tahoe in the late 1800's, and some were
most likely planted as a food source for locals.
For years, crayfish were a dietary staple for nonnative trout
and kokanee salmon in Tahoe, and the signal crayfish population
was kept relatively under control. In the 1960's, researchers
from UC Davis estimated that there were 56 million crayfish in
Lake Tahoe. However, around the same time as the crayfish
controversy and the resulting ban on commercial crayfish
harvesting, a species of shrimp (Mysis relicta) was released
into Lake Tahoe. With the opportunity for easier prey, the fish
began feeding on the shrimp instead of the newly protected
crayfish. In 2001, a different group of scientists estimated
that the crayfish population had increased to 220 million.
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How many crayfish is too many? The author's background materials
estimate that there are now 240 million crayfish in Lake Tahoe,
and news articles have placed this number as high as 280
million. The dramatic crayfish population growth over the past
half century has been attributed to decreased predation due to
the shift in the lake trout's diet. Climate warming may also be
driving crayfish production.
Crayfish are still a major food resource for invasive, warm
water fish species, such as smallmouth bass, largemouth bass,
and bluegill species. The increasing numbers of crayfish are
believed to contribute to the population growth of these
species. Crayfish have also been found to excrete nitrogen and
phosphorus, which are important stimulators of algae production.
Thus, crayfish are believed to contribute to the degradation of
water clarity in the lake.
Commercial Crayfish in Nevada : On the Nevada side of Lake Tahoe,
commercial crayfish harvesting is authorized. Nevada had a
statewide ban on the take of crayfish for commercial purposes
until very recently. In 2011, the Nevada Board of Wildlife
Commissioners amended its regulations to permit commercial take
of crayfish from Lake Tahoe for an annual permit fee of $500,
provided that the Nevada Department of Wildlife approves the
time, place, and manner of the operation and determines that the
operation "is not deleterious to fish or other wildlife
indigenous or planted or propagated in those waters at public
expense." The Nevada Board of Wildlife Commissioners amended its
regulations again in 2012 to explicitly allow the commercial
sale of crayfish from Lake Tahoe, both by a permit holder to a
food wholesaler or restaurant and by a food wholesaler to a
restaurant. At least five businesses have received both
commercial crayfish permits from the Nevada Department of
Wildlife and commercial permits from the Tahoe Regional Planning
Agency (TRPA). These businesses must also work with the U.S.
Army Corps of Engineers and the Nevada Division of State Lands
to obtain appropriate clearances. At this time, one business,
the Tahoe Lobster Company, is harvesting crayfish from Lake
Tahoe.
Related Legislation : This bill is substantially similar to AB
2504 (Gaines) from 2012 which was held by the author because of
an Appropriations Committee amendment that imposed a provision
requiring a reasonable fee.
Staff would note that such a fee provision is no longer
necessary since SB 1148 (Pavley) in 2012 conferred authority on
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the commission to recover the costs of various hunting and
fishing permits through a generic fee provision that would seem
to apply.
Staff Note : The Lake Tahoe Region Aquatic Invasive Species
Management Plan was finished in 2009 and is theoretically
subject to 5 year updates. As stated in the report, "At a
minimum, the Plan will be reviewed once a year and revised every
five years ? to ensure Plan objectives, strategies and actions
continue to identify and address relevant?issues in a timely
manner. Individual components of the Plan (e.g. rapid response
plans, monitoring plans, vessel inspection protocols) may be
updated more frequently to fully address changing needs in the
Lake Tahoe Region." It will be important for the updates to be
made in a timely manner in order to help gauge the effect of the
commercial crayfish harvest. Applicants for permits as well as
the FGC are invited to inform the relevant policy committees in
the Legislature if the updates are not developed.
The following amendment is intended to be largely technical. It
converts the intent section into operational language and
codifies the TRPA provision (contained in its support letter)
about an environmental review of permit applications.
SUGGESTED AMENDMENTS
AMENDMENT 1
On page 2, lines 12-18, rephrase as follows: The commercial take
of crayfish in Lake Tahoe or in the Lake Tahoe Basin shall be
for the primary purpose of population reduction and control of
the signal crayfish, an invasive species, and the commercial
taking of crayfish may be allowed only to the extent that it is
consistent with state goals for management of invasive species
and other environmental standards, including but not limited to
an environmental analysis of proposed individual harvest
operations conducted by the Tahoe Regional Planning Agency.
AMENDMENT 2
Add Bigelow and Dahle as co-authors.
SUPPORT
Tahoe Regional Planning Agency
OPPOSITION
None Received
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