BILL ANALYSIS Ó
AB 165
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CONCURRENCE IN SENATE AMENDMENTS
AB 165 (Beth Gaines)
As Amended July 8, 2013
Majority vote
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|ASSEMBLY: |76-0 |(May 9, 2013) |SENATE: |37-0 |(August 19, |
| | | | | |2013) |
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Original Committee Reference: W., P. & W.
SUMMARY : Repeals the statutory prohibition on sale or purchase
of crayfish taken from the Lake Tahoe Basin.
The Senate amendments rephrase legislative intent language
included in the Assembly version to:
1)Require that any allowance for commercial taking of crayfish
in Lake Tahoe or the Lake Tahoe Basin be for the primary
purpose of population reduction and control of the signal
crayfish, an invasive species, and to allow commercial taking
of the crayfish only to the extent that such taking is
consistent with state goals for management of invasive species
and other environmental standards.
2)Require that the taking be allowed only to the extent it is
consistent with an environmental analysis conducted by the
Tahoe Regional Planning Agency (TRPA) or another appropriate
lead agency for each proposed individual harvest operation.
EXISTING LAW :
1)Prohibits the sale or purchase of crayfish taken from Lake
Tahoe or the Lake Tahoe Basin.
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 to set
regulations for the take and possession of crayfish and to
prohibit the use of crayfish traps that will injure fish or
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create unnecessarily large amounts of bycatch.
4)Prohibits by regulation the take 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)One-time costs of $31,000 to the Fish and Game Preservation
Fund (special) to the Department of Fish and Wildlife (DFW)
and the Fish and Game Commission (FGC) for California
Environmental Quality Act (CEQA) costs and regulation
development.
2)Ongoing costs of approximately $18,000 from the Fish and Game
Preservation Fund (special) for increased enforcement and
fishery monitoring.
COMMENTS : The Senate amendments essentially rephrase language
that was included in the Assembly version in the form of
legislative intent, and instead state these conditions as
requirements. Specifically, commercial take of crayfish in Lake
Tahoe would be allowed for the primary purpose of population
reduction and control of the crayfish, and allowed only to the
extent that the commercial take is consistent with state goals
for management of invasive species and other environmental
standards. The Senate amendments also clarify that any
allowance for commercial take must be consistent with
environmental analysis conducted by TRPA or another appropriate
lead agency for each proposed individual harvest operation.
The signal crayfish was first introduced into the waters of Lake
Tahoe in the early 1900s. Current population estimates for the
lake range from 240 to 280 million crayfish. Crayfish are a
major food source for other non-native fish species, such as
largemouth bass, smallmouth bass and bluegill, and contribute to
the population growth of these species. Crayfish also excrete
nitrogen and phosphorus which stimulate algae production and
contribute to degradation of the water clarity of the lake. The
State of Nevada lifted their ban on commercial take of crayfish
in Lake Tahoe in 2011. The author of this bill believes it will
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help control Lake Tahoe's invasive crayfish population and also
provide economic benefits for the region. TRPA, the bi-state
planning and regulatory agency with jurisdiction over the Lake
Tahoe region, supports lifting the ban on commercial harvest
which may allow for control of this species by engaging the
private sector to accomplish what otherwise would be impossible
given limited public funding for invasive species control.
Passage of this bill does not by itself authorize commercial
crayfish harvesting in Lake Tahoe, which would be dependent on
regulatory action by the FGC.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0001443