BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1287 (McGuire) - Commercial fishing: Dungeness crab ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: March 28, 2016 |Policy Vote: N.R. & W. 8 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 25, 2016 |Consultant: Narisha Bonakdar | | | | ----------------------------------------------------------------- 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 SB 1287 (McGuire) Page 1 of ? 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 SB 1287 (McGuire) Page 2 of ? 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 SB 1287 (McGuire) Page 3 of ? 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 SB 1287 (McGuire) Page 4 of ? 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." -- END -- SB 1287 (McGuire) Page 5 of ?