BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 165|
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THIRD READING
Bill No: AB 165
Author: Beth Gaines (R)
Amended: 7/8/13 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 6/11/13
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE APPROPRIATIONS COMMITTEE : 6-0, 7/1/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Steinberg
NO VOTE RECORDED: Padilla
ASSEMBLY FLOOR : 76-0, 5/9/13 - See last page for vote
SUBJECT : Commercial fishing: crayfish
SOURCE : Author
DIGEST : This bill allows commercial fishing of crayfish in
Lake Tahoe for the primary purpose of population reduction and
control of the signal crayfish.
ANALYSIS :
Existing law:
1. Prohibits the sale or purchase of crayfish taken from Lake
Tahoe or the Lake Tahoe Basin.
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2. Requires commercial fishing licenses, crayfish permits, and
commercial fishing vessel registration for commercial
crayfish harvest operations. Limits the size of crayfish
traps to three feet in greatest dimension and requires the
immediate return of other species taken in crayfish traps.
3. Confers authority to the Fish and Game Commission
(Commission) to set regulations for the taking and possession
of crayfish and to prohibit the use of crayfish traps that
will injure fish or create unnecessarily large amounts of
bycatch.
4. Prohibits by regulation the taking of crayfish for commercial
purposes from all lakes and reservoirs, and limits take in
certain California counties, including Placer and El Dorado
Counties, to areas west of Highway 49. Requires that
crayfish legally caught under a commercial license be used
only for human consumption or for aquaculture.
This bill:
1. Deletes the Fish and Game Code (FGC) Section barring the
sale or purchase of crayfish taken from Lake Tahoe or the
Lake Tahoe Basin.
2. Requires any allowance for the commercial taking of crayfish
in Lake Tahoe or in the Lake Tahoe Basin to be for the
primary purpose of population reduction and control of the
signal crayfish, as prescribed.
3. Allows for the commercial taking of crayfish only to the
extent that it is consistent with state goals for management
of invasive species and other environmental standards,
including an environmental analysis conducted by the Tahoe
Regional Planning Agency (TRPA) or another appropriate lead
agency for each proposed individual harvest operation.
4. Requires the Commission to ensure that its regulations for
the taking of crayfish from Lake Tahoe or the Lake Tahoe
Basin for commercial purposes be consistent with the Lake
Tahoe Region Aquatic Invasive Species Management Plan.
Background
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The signal crayfish is a thoroughly established nonnative
species to Lake Tahoe region. The crayfish was intentionally
introduced to the lake and region in the 1800s as a food source,
both for people and for introduced fish species. Today, there
are an estimated 220 million crayfish in Lake Tahoe.
Crayfish are a critical part of Lake Tahoe's ecosystem, though
of questionable value. They provide food to fish species,
including invasive bass. They also contribute to algae
production near shore, which diminishes Lake Tahoe's clarity.
Reduction of crayfish number, or their eradication, may have a
significant effect on the lakes' plant and animal life and
aesthetic quality.
In 2011, Nevada amended its regulations to allow for the
commercial take of crayfish from the Nevada-side of the lake.
At least five businesses have received commercial crayfish
permits from the Nevada Department of Wildlife and the TRPA.
FGC Section 1050 allows for the Commission to establish a fee
for the issuance of any license or permit, unless explicitly
prohibited statutorily. The fee must be sufficient to recover
all reasonable administrative and implementation costs of the
Department of Fish and Wildlife (DFW) and the Commission.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
One-time costs of $31,000 to the Fish and Game Preservation
Fund (special) to the DFW and the Commission for California
Environmental Quality Act costs and regulation development.
Ongoing costs of approximately $18,000 from the Fish and
Game Preservation Fund (special) for increased enforcement
and fishery monitoring.
SUPPORT : (Verified 7/8/13)
Tahoe Regional Planning Agency
ARGUMENTS IN SUPPORT : According to the author's office, this
bill will help control Lake Tahoe's invasive crayfish
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population. The author's office 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's office states that allowing the buying and selling of
crayfish from Lake Tahoe will help stimulate the state and local
economy. The author's office notes that, under existing law,
even California restaurants near Lake Tahoe must import crayfish
from out of the region or out of the state.
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.
ASSEMBLY FLOOR : 76-0, 5/9/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Torres, Wagner, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Holden, Logue, Waldron, Vacancy
RM:k 7/9/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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