BILL NUMBER: AB 2146 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 23, 2004
AMENDED IN SENATE AUGUST 18, 2004
AMENDED IN SENATE JUNE 16, 2004
AMENDED IN ASSEMBLY MAY 20, 2004
AMENDED IN ASSEMBLY APRIL 12, 2004
AMENDED IN ASSEMBLY MARCH 22, 2004
INTRODUCED BY Assembly Member Leno
FEBRUARY 18, 2004
An act to amend Sections 8280 , 9004, and 12002
of, and to add Sections 8276.1 and 8280.8 to, the Fish and Game
Code, relating to Dungeness crab , and making an
appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 2146, as amended, Leno. Dungeness crab.
(1) Existing law generally regulates the commercial Dungeness crab
fishery in order to protect the fishery by, among other things,
restricting the number and type of vessels that may take crab,
limiting the crab fishing season, and the type of gear used on
vessels to take crab.
This bill would permit the Fish and Game Commission to adopt
regulations as may reasonably be necessary to ensure the protection
of the Dungeness crab resources and to provide for an orderly
Dungeness crab fishery , except in specified districts
. The bill would authorize the commission to establish a
Dungeness Crab Advisory Committee to advise the commission and the
Department of Fish and Game on the establishment and implementation
of the plan, and to make recommendations for any necessary changes
that should be instituted to better regulate the fishery. The bill
would prescribe the membership of the committee.
The bill would, for the period November 15, 2005, to June 30,
2007, inclusive, prohibit a person operating a vessel for the
commercial take of Dungeness crab from utilizing more than 250 traps
during a season, except in designated districts. The bill would
require the commission, on or after March 15, 2007, but not later
than August 30, 2007, to consider recommendations from the department
and Dungeness crab vessel permit holders on whether to extend the
operation of the 250-trap limit, to increase or decrease that trap
limit, or to make any other modification to the operation of that
trap limit. The bill would require the commission, after
consultation with the department and Dungeness crab vessel permit
holders, to adjust the permit fee for persons taking crab in and
south of District 10, or to establish a landing fee or vessel stamp,
as the commission determines necessary, to cover the reasonable costs
of administering and enforcing the Dungeness crab trap limitation.
The bill would make a violation of that prohibition punishable by a
fine of not more than $5,000, imprisonment in the county jail for not
more than 6 months, or both. The bill would provide that a 2nd
violation would result in a permanent revocation of the Dungeness
crab permit and a revocation of a commercial fishing license for a
period of not less than 5 years.
Existing law requires that every trap be raised, cleaned,
serviced, and emptied at intervals, not to exceed 96 hours, weather
conditions at sea permitting, and prohibits any trap from being
abandoned in the waters of the state.
This bill would exempt traps used for the taking of Dungeness crab
from those requirements, and would, instead, require that those
traps be removed from the ocean not more than 96 hours after the
close of crab season, weather conditions at sea permitting, and would
prohibit the abandonment of those traps in the waters of the state,
or in federal waters adjacent to the boundaries of the waters of the
state.
(2) Existing law continuously appropriates the moneys in
the Fish and Game Preservation Fund to the department and the
commission to carry out the Fish and Game Code.
Because this bill would impose new duties on the department and
the commission, the bill would make an appropriation.
(3) Existing law makes a violation of the provisions of
the Fish and Game Code a crime.
Because this bill would impose new requirements on the commercial
Dungeness crab fishery, a violation of which would be a crime, and
because the bill would also create a new crime, the bill would impose
a state-mandated local program.
(4)
(3) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: yes no
. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8276.1 is added to the Fish and Game Code, to
read:
8276.1. (a) The commission may adopt regulations as may
reasonably be necessary to ensure the protection of the Dungeness
crab resource and to provide for an orderly crab fishery ,
except in Districts 6, 7, 8, and 9. .
(b) The commission may establish a Dungeness Crab Advisory
Committee to advise the commission and the department on the
establishment and implementation of the Dungeness crab fishery
regulations authorized to be adopted pursuant to subdivision (a), and
shall make recommendations for any necessary changes that should be
instituted to better regulate the fishery. The advisory committee
shall consist of not less than five members who are permitted to fish
for Dungeness crab pursuant to Section 8280.1, and who represent the
geographic range of the Dungeness crab fishery in the state. The
director shall appoint members to the committee from a list of
individuals submitted to the department of organizations representing
Dungeness crab fishermen.
SEC. 2. Section 8280 of the Fish and Game Code is amended to read:
8280. (a) The Legislature finds and declares that the Dungeness
crab fishery is important to the state because it provides a valuable
food product, employment for those persons engaged in the fishery,
and economic benefits to the coastal communities of the state.
(b) The Legislature further finds that, in order to protect the
Dungeness crab fishery, it is necessary to limit the number of
vessels participating in that fishery to take Dungeness crab and it
may be necessary to limit the quantity and capacity of the fishing
gear used on each vessel to take Dungeness crab.
(c) The Legislature further finds and declares that to limit the
number of vessels in the Dungeness crab fishery, it is necessary to
require that the owner of each vessel participating in the fishery
obtain and possess a permit for that vessel and that the initial
issuance of permits shall be limited to those persons owning vessels
qualifying under Section 8280.1.
(d) The Legislature further finds and declares that, to ensure the
long-term sustainability of the Dungeness crab fishery, it is
necessary that limitations be placed on the number of traps used by
the fishery, particularly in Fish and Game District 10 and south of
that district. Those limitations on the number of traps are
necessary to ensure the safety of crabbing operations, ensure that
the resource is more equitably shared among participants, increase
the economic value of the resource, and make more fresh crab
available to consumers during most or all of the crab fishing season.
The Legislature further finds and declares that the average
number of traps that an individual is generally able to bait, set,
and empty in a normal fishing day is approximately 250. Therefore,
it is the intent of the Legislature that a trap limit of 250 should
be made applicable until another limit on the number of traps is
established by the commission.
SEC. 3. Section 8280.8 is added to the Fish and Game Code, to
read:
8280.8. (a) For the period November 15, 2005, to June 30, 2007,
inclusive, no person operating a vessel pursuant to Section 8280.1
for the commercial take of Dungeness crab shall utilize more than 250
traps during a season, except in Districts 6, 7, 8, and 9 where the
limitation on the number of Dungeness crab traps shall not apply.
(b) No owner of a vessel permitted pursuant to Section 8280.1
shall utilize that permit for the take of Dungeness crab on board a
vessel owned by another person that is also permitted pursuant to
Section 8280.1 for the take of Dungeness crab.
(c) On or after March 15, 2007, but not later than August 30,
2007, the commission shall consider recommendations from the
department and Dungeness crab vessel permit holders, based on the
experience of operating with a 250-trap limit, on whether to take any
of the following actions:
(1) Extend the operation of the 250-trap limit beyond June 30,
2007.
(2) Increase or decrease the trap limit.
(3) Make any other modifications of the operation of the 250-trap
limit.
(d) The commission shall, after consultation with the department
and Dungeness crab vessel permit holders, either adjust the crab
vessel permit fee for persons taking crab in and south of District
10, or establish a landing fee or vessel stamp, as the commission
determines necessary, to cover all reasonable costs incurred by the
department in administering and enforcing the provisions of this
section. In adjusting or establishing fees or vessel stamps pursuant
to this subdivision, the commission shall take into account the
permit fees currently paid by crab vessel owners pursuant to Section
8280.1.
SEC. 4. Section 9004 of the Fish and Game Code is amended to read:
9004. (a) Every trap, except those used for the taking of
Dungeness crab, shall be raised, cleaned, serviced, and emptied at
intervals, not to exceed 96 hours, weather conditions at sea
permitting, and no trap shall be abandoned in the waters of this
state.
(b) Traps used for the taking of Dungeness crab shall be removed
from the ocean not more than 96 hours after the close of the crab
season, weather conditions at sea permitting, and no Dungeness crab
trap shall be abandoned in the waters of this state, or in the
federal waters adjacent to the boundaries of the waters of the state.
SEC. 5.
SEC. 4. Section 12002 of the Fish and Game Code is amended
to read:
12002. (a) Unless otherwise provided, the punishment for a
violation of this code that is a misdemeanor is a fine of not more
than one thousand dollars ($1,000), imprisonment in the county jail
for not more than six months, or both the fine and imprisonment.
(b) The punishment for a violation of any of the following
provisions is a fine of not more than two thousand dollars ($2,000),
imprisonment in the county jail for not more than one year, or both
the fine and imprisonment:
(1) Section 1059.
(2) Subdivision (d) of Section 4004.
(3) Section 4600.
(4) Paragraph (1) or (2) of subdivision (a) of Section 5650.
(5) A first violation of Section 8670.
(6) Section 10500.
(7) Section 3005.9.
(8) A violation of commission regulations that is discovered
pursuant to Section 3005.91 or 3005.92.
(9) Unless a greater punishment is otherwise provided, a violation
subject to subdivision (a) of Section 12003.1.
(c) Except as specified in Sections 12001 and 12010, the
punishment for a violation of Section 3503, 3503.5, 3513, 3800, or
8280.8 is a fine of not more than five thousand dollars ($5,000),
imprisonment in the county jail for not more than six months, or both
that fine and that imprisonment. A second violation of Section
8280.8 shall result in the permanent revocation of a Dungeness crab
permit issued pursuant to Section 8280.1 and a revocation of a
commercial fishing license for a period of not less than five years.
(d) (1) A license or permit issued pursuant to this code to a
defendant who fails to appear at a court hearing for a violation of
this code, or who fails to pay a fine imposed pursuant to this code,
shall be immediately suspended. The license or permit shall not be
reinstated or renewed, and no other license or permit shall be issued
to that person pursuant to this code, until the court proceeding is
completed or the fine is paid.
(2) This subdivision does not apply to any violation of Section
1052, 1059, 1170, 3005.9, 3005.91, 3005.92, 5650, 5653.9, 6454, 6650,
or 6653.5.
SEC. 6.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.