BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1287 (McGuire) - Commercial fishing:  Dungeness crab
          
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          |Version: March 28, 2016         |Policy Vote: N.R. & W. 8 - 1    |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: April 25, 2016    |Consultant: Narisha Bonakdar    |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary: SB 1287 establishes the "Whale Protection and Crab Gear  
          Retrieval Act" which requires the Department of Fish and  
          Wildlife (department) to establish a crab trap retrieval  
          program, and includes additional provisions related to the  
          Dungeness crab fishery.


          Fiscal  
          Impact:   
           Unknown, but potentially significant costs to develop,  
            implement, and enforce the crab trap retrieval program.  These  
            costs may be offset by fees assessed on Dungeness crab vessel  
            operators whose traps are retrieved under the program. (See  
            staff comments)
           Unknown, but likely minimal, costs to issue waivers from the  
            biennial fee for each trap tag for participants who are unable  
            to fish due to mandatory military service. 


          Background:   The Dungeness crab task force (task force) was created by SB  







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          1690 (Wiggins, Chapter 727, Statutes of 2008) and "sunsetted" in  
          2011.  The task force was re-established by SB 369 (Evans,  
          Chapter 335, Statutes of 2011) later that same year.  SB 369  
          also established the tiered crab limit fishery.  The task force  
          was created to review and evaluate fishery issues, including the  
          tiered crab limit fishery.  It is also required to provide  
          recommendations to the Legislature, the department, and the Fish  
          and Game Commission.  The task force and related Dungeness crab  
          fishing statutory provisions all sunset on April 1, 2019.
          On January 15, 2016, the task force released a list of initial  
          recommendations.  These include, among others:


           Expressing concern about whale entanglements in Dungeness crab  
            gear.


           Establishing a statewide industry-funded program to retrieve  
            lost fishing gear (with departmental involvement).


           Allowing waivers from certain crab permit fees for  
            participants whose mandatory military service obligations will  
            not allow participation in the fishery for a season or  
            seasons.


           Allowing vessels containing traps with valid Oregon and  
            Washington trap tags to transit the state's waters without  
            state-required permits, if certain conditions are met. 


           Revising state law that prohibits commercial Dungeness crab  
            trap permitholders from fishing in multiple management areas  
            for 30 days when one management area opens for fishing after  
            another due to start-delaying conditions ("fair start"  
            provisions).


          Existing law regulating commercial fishing traps makes it  
          unlawful, except as specified, to willfully or recklessly  
          disturb, move, or damage any trap that belongs to another person  
          and that is marked with a buoy identification number.  Existing  
          law authorizes the department, in consultation with the task  








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          force, to develop regulations as necessary to provide for  
          retrieval of lost or abandoned commercial crab traps.


          Over the last two commercial Dungeness crab seasons, pilot  
          projects implementing voluntary lost fishing gear recovery  
          programs have operated statewide.  The department, in  
          collaboration with the National Marine Fisheries Service and the  
          Ocean Protection Council, has held public and stakeholder  
          meetings to explore how to reduce entanglements.  Task force  
          members have participated in these meetings.  Short-term  
          strategies to address entanglement included, among other things,  
          training fishermen, establishing a statewide lost gear retrieval  
          program, improving data collection, enhancing reporting,  
          potential gear modifications, and the development of best  
          practices.




          Proposed Law:  
             This bill establishes the "Whale Protection and Crab Gear  
          Retrieval Act" which, beyond the crab trap retrieval program,  
          includes additional provisions related to the Dungeness crab  
          fishery that are recommended by the task force.
          Specifically, the bill:


           Revises the department's existing requirement to develop  
            regulations for the retrieval of lost or abandoned commercial  
            Dungeness crab traps consistent with the following:


                     The establishment of a retrieval permit that allows  
                 the permitholder to retrieve lost or abandoned commercial  
                 Dungeness crab traps belonging to others during the  
                 closed season of the fishery.


                     The trap retrieval permit program must be fully  
                 funded by a fee levied on a Dungeness crab vessel  
                 permitholder for each trap owned by the permitholder  
                 retrieved through the trap retrieval program.  The fee  
                 must be set to cover the reasonable regulatory costs  








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                 associated with the program and to provide reasonable per  
                 trap compensation to a retrieval permitholder, as  
                 specified. 


                     The owner of the retrieved trap must pay the  
                 retrieval trap fee prior to having the trap returned, and  
                 the retrieved trap owner's Dungeness crab vessel permit  
                 cannot be renewed until any fees due under the retrieval  
                 permit program are paid.


                     The department must determine how retrieved traps  
                 will be stored and owners of the retrieved traps will be  
                 notified.  In addition, the department has the authority  
                 to adopt and implement any other necessary requirements  
                 for the trap retrieval permit program.


                     The department must provide the proposed program to  
                 the task force for review, and cannot implement the  
                 program until the task force has had at least 60 days to  
                 review and recommend changes, if any, to the program.  If  
                 the task force recommends it, the director may implement  
                 the program earlier.


           Revises the "fair start" provisions to apply to a person using  
            the same Dungeness crab vessel to take crab in specified  
            waters before moving to different areas where the opening has  
            been delayed, as specified.


           Provides that the department must waive the biennial fee for  
            trap tags for participants who are unable to fish due to  
            mandatory military service if the participant requests the  
            waiver at the same time the biennial crab trap limit permit is  
            renewed, as specified.  A waiver recipient may apply to fish  
            for crab during the 2nd year, but must pay the full biennial  
            cost of the tags.  There is no limit on the number of times  
            this waiver may be sought.


           Provides that a vessel may transit state waters carrying traps  








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            without California tags if the traps have Oregon or Washington  
            tags, no crab are onboard, and the traps are not deployed in  
            state waters.


           Makes legislative findings related to the retrieval program.


           All provisions in this bill sunset as of April 1, 2019, as  
            specified.




          Related Legislation:  
             
          AB 2363 (Chesbro, Chapter 546, Statutes of 2012) revised some of  
          the Dungeness crab fishery requirements and added the  
          requirement that the department develop regulations for a lost  
          gear program.



          Staff Comments: Staff notes that most of the costs associated  
          with the crab trap recovery program must be offset by the fee  
          assessed on crab vessel operators whose traps are retrieved  
          under the program.  

          SB 1287 requires the department to "establish a fee to be  
          charged to a Dungeness crab vessel permitholder for each trap  
          belonging to the permitholder that is retrieved through the  
          program. The department is required to set the fee at a level  
          sufficient to cover the reasonable regulatory costs associated  
          with the program and to provide reasonable compensation to a  
          retrieval permitholder on a per trap basis." 


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