BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1287|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 1287
          Author:   McGuire (D), et al.
          Amended:  5/31/16  
          Vote:     21 

           SENATE NATURAL RES. & WATER COMMITTEE:  8-1, 4/12/16
           AYES:  Pavley, Allen, Hertzberg, Hueso, Jackson, Monning,  
            Vidak, Wolk
           NOES:  Stone

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/27/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           SUBJECT:   Commercial fishing:  Dungeness crab


          SOURCE:    Author


          DIGEST:  This bill establishes the "Whale Protection and Crab  
          Gear Retrieval Act" that includes, beyond the retrieval program,  
          additional provisions related to the Dungeness crab fishery.


          ANALYSIS:  


          Existing law:


           1) Provides for the regulation of the Dungeness crab fishery.










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           2) Establishes the Dungeness crab task force as a forum for  
             diverse industry interests to review and evaluate Dungeness  
             crab fishery issues and make management recommendations to  
             the Legislature, the Department of Fish and Wildlife  
             (Department) and the Fish and Game Commission (commission).


           3) Establishes certain requirements for participation in the  
             state's Dungeness crab fishery.  The Dungeness crab fishery  
             is a restricted fishery, and the ability to purchase  
             appropriate permits to participate in the fishery is limited  
             to those who meet certain criteria.


              a)    The criteria include limits on the number of traps  
                each permit holder may obtain and biennial fees for these  
                traps including a crab trap limit permit (of not more than  
                $1,000) and trap tags (of not more than $5 per trap).  The  
                state has a tiered crab trap limit fishery where, based  
                upon historical landings, a certain number of traps are  
                authorized for each permit holder in a given tier, as  
                specified.


           4) Prohibits a person from using any vessel to take Dungeness  
             crab for commercial purposes without a Dungeness crab vessel  
             permit. Additionally, it prohibits a person from taking  
             Dungeness crab for commercial purposes from a vessel in  
             specified ocean waters for 30 days after the opening of the  
             Dungeness crab fishing season if the opening of the season  
             has been delayed in those waters and that person has taken,  
             possessed, or landed Dungeness crab in other specified waters  
             prior to that opening. (This is a "fair start" provision.)


           5) Regulates commercial fishing traps and 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.


           6) Authorizes the Department, in consultation with the  
             Dungeness crab task force to develop regulations as necessary  
             to provide for the retrieval of lost or abandoned commercial  







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             crab traps.


           7) Sunsets the Dungeness crab task force, the tiered crab trap  
             program, the vessel permit requirement to take Dungeness  
             crab, the season opening crab fishing restrictions and the  
             Department's authorization to develop regulations to retrieve  
             lost or abandoned commercial crab traps on April 1, 2019.


          This bill establishes the "Whale Protection and Crab Gear  
          Retrieval Act" that includes, beyond the retrieval program,  
          additional provisions related to the Dungeness crab fishery  
          recommended by the Dungeness crab task force and to close  
          fisheries to protect public health.  Specifically, this bill:


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


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


              b)    The trap retrieval permit program shall be funded by a  
                fee levied on a Dungeness crab vessel permit holder for  
                each trap owned by the permit holder retrieved through the  
                trap retrieval program, as specified.  The owner of the  
                retrieved trap must pay the fee in order to have the trap  
                returned and cannot renew his or her Dungeness crab vessel  
                permit until any fees due under the trap retrieval program  
                are paid.  The Department is directed to set fees to  
                recover the reasonable regulatory costs of the program.   
                The program shall be cost-effective and efficient and the  
                Department may receive help from non-governmental  
                organizations to implement it.


              c)    The Department shall determine certain aspects of the  
                retrieval program and shall provide the proposed retrieval  







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                program to the Dungeness crab task force to review, as  
                specified.


           2) 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.


           3) Provides that the Department shall waive the biennial fee  
             for trap tags for participants who are unable to fish due to  
             mandatory military service, as specified.


           4) Provides that a vessel may transit state waters carrying  
             traps without California tags if the traps have Oregon or  
             Washington tags, no crab are onboard and the traps are not  
             deployed in state waters.


           5) Makes legislative findings related to the retrieval program.


           6) Sunsets this bill's provisions related to the Dungeness crab  
             fishery on April 1, 2019, as specified.


          Background


          The Dungeness crab task force was created in 2008, briefly  
          sunsetted in 2011 and was re-established in revised form later  
          that same year.  The task force continues to review and evaluate  
          fishery issues, including the tiered crab limit fishery and is  
          required to provide recommendations to the Legislature by  
          January 1, 2017.  On January 15, 2016, the task force released a  
          list of initial recommendations.  These include, among others:


          1)Expressing concern about whale entanglements in Dungeness crab  
            gear.









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          2)Establishing a statewide industry-funded program to retrieve  
            lost fishing gear with the Department's involvement.


          3)Allowing waivers from certain crab permit fees for those whose  
            mandatory military service obligations bar participation in  
            the fishery for a season or seasons.


          4)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.


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


          There were 61 whale entanglements in fishing gear off the U.S.  
          west coast reported in 2015.  This is the highest total since  
          records started being kept in 1982.  Engtangled whales include  
          those, such as the humpback, that are protected under the  
          Endangered Species Act and/or the Marine Mammal Protection Act.   
          It is not known what factors have contributed to the steep rise  
          in reported entanglements.  At least 11 entanglements were  
          associated with the Dungeness crab fishery.


          Recent crab fishery closure.  In late 2015, domoic acid levels  
          in certain crab species, including Dungeness crab, reached  
          levels that posed a public health risk.  The Office of  
          Environmental Health Hazard Assessment, in collaboration with  
          the Department of Public Health, notified the Department  
          director who then sought to close relevant fisheries through  
          emergency regulations approved at an emergency meeting of the  
          commission.  The fisheries were officially closed when emergency  
          regulations went into effect some weeks later.  The Department  
          had asked fishing efforts to stop as soon as the public health  
          risk was identified.  Regular monitoring of domoic acid  
          concentrations continued and the crab fisheries were slowly  
          reopened across the state.  In early February, Governor Brown  
          requested federal declarations of a fishery disaster and a  







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          commercial fishery failure due to the domoic acid-forced closure  
          in an effort to obtain economic assistance.  According to the  
          task force, the state's commercial Dungeness crab fishery is one  
          of the most productive fisheries, by value, in the state with an  
          average value of almost $50 million per vessel per calendar  
          year.  As of late May, the commercial and recreational Dungeness  
          crab fishery was open statewide.


          FISCAL EFFECT:   Appropriation:    No         Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee:



           Approximately $500,000 annually for staffing and equipment  
            costs.  This cost may be significantly reduced by the use  
            third parties to administer the program, and may be in part or  
            entirely funded by fees assessed on Dungeness crab vessel  
            operators whose traps are retrieved under the program.  

           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. 


          SUPPORT:   (Verified5/27/16)


          California Lieutenant Governor Gavin Newsom
          Blue Fisheries
          California Coastkeeper Alliance
          Californians Against Waste
          Cap'n Zach's Crabhouse Inc. - FV Miss Phyllis
          Center for Biological Diversity
          Crescent City Commercial Fishermen's Association
          Del Norte County Board of Supervisors
          Earthjustice
          FV Corregidor
          Golden Gate Fishermen's Association
          Golden Gate Salmon Association
          Half Moon Bay Groundfish Marketing Association/Half Moon Bay  







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          Commercial Fisheries Trust
          Humboldt Area Saltwater Anglers, Inc.
          Marine Mammal Center
          Monterey Bay Aquarium
          Morro Bay Commercial Fishermen's Organization, Inc.
          Natural Resources Defense Council
          Northcoast Environmental Center
          Oceana
          Ocean Conservancy
          Pacific Coast Federation of Fishermen's Associations
          Sierra Club California
          Surfrider Foundation
          Trinidad Bay Fishermen's Marketing Association, Inc.


          OPPOSITION:   (Verified5/27/16)


          None received



          ARGUMENTS IN SUPPORT:   According to the Trinidad Bay  
          Fishermen's Marketing Association, Inc., the SB 1287 crab trap  
          retrieval program is needed because "[t]his problem has existed  
          since crab fishing began.  Some of the gear left behind is stuck  
          and abandoned.  Some of the gear has been moved around by rough  
          ocean, floating kelp, etc. and is truly lost."  They continue to  
          describe their success participating in one of the pilot gear  
          recovery programs and state that "our goal now, through this  
          bill, is to establish a program with the help of the  
          [department] that accomplishes the same great results.  The  
          difference being it will be funded by mandatory fees charged to  
          the owners of the retrieved gear. [?] The fees will provide  
          financial incentive for boats to retrieve gear that has been  
          left after the end of the season.  More importantly, this will  
          motivate the owners to take care of much of their derelict gear  
          before the season ends to avoid the mandatory fees."  "We have  
          not seen a bad winter in a lot of years, but one will come, and  
          there will be thousands of derelict pots, instead of hundreds,  
          to retrieve.  Instead of having a big mess and no good way to  
          deal with it, we will have the solution to the problem in place  
          (SB 1287).  No matter what kind of winter we have, this program  
          will always be necessary."  "We feel it is our duty to leave the  







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          ocean environment free from derelict crab gear.  This will  
          reduce entanglement hazards for marine mammals, gear that is  
          actively being fished, and other mariners." 


          Prepared by:Katharine Moore / N.R. & W. / (916) 651-4116
          6/1/16 10:00:12


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