BILL ANALYSIS
AB 2146
Page 1
Date of Hearing: March 23, 2004
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Joseph E. Canciamilla, Chair
AB 2146 (Leno) - As Amended: March 22, 2004
SUBJECT : Dungeness crab
SUMMARY : Revises the statutes that govern the Dungeness crab
fishery. Specifically, this bill :
1)Permits the taking of Dungeness crab in Districts other than
6, 7, 8, and 9, only between the Saturday that falls before
the final Thursday in November and June 30 of the following
year in 2005, 2006, 2007, and 2008.
2)Authorizes the Fish and Game Commission (Commission) to adopt
regulations to protect the Dungeness crab resource and provide
for an orderly crab fishery, with specified regulations that
may be included.
3)Authorizes the Commission to establish a Dungeness Crab
Advisory Committee (Advisory Committee) to advise the
Commission and the Department of Fish and Game (DFG) on the
establishment and implementation of the plan.
4)Prohibits a person operating a vessel for the commercial take
of Dungeness crab from utilizing more than 250 traps during a
season, with certain exceptions.
5)Requires DFG, upon request, to issue up to 250 tags to be
affixed to each crab trap.
6)Authorizes DFG to adopt regulations to carry out provisions
requiring tags to be affixed to each trap.
7)Exempts traps used for the taking of Dungeness crab from
existing requirements for the care and servicing of traps.
8)Requires that traps used for the taking of Dungeness crab be
removed from the ocean not more than 96 hours after the close
of crab season and prohibits the abandonment of traps in the
waters of the state or in adjacent federal waters.
EXISTING LAW generally regulates the Dungeness crab fishery.
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Existing law allows the take of Dungeness crab for commercial
purposes in Districts 6, 7, 8, and 9 only between December 1 and
July 15. Dungeness crab may be taken for commercial purposes in
all other districts only between November 15 and June 30.
FISCAL EFFECT : This bill will impose costs on the Commission
and DFG for establishing the Advisory Committee and adopting a
Dungeness crab fishery management plan. The bill would also
impose costs on the Commission and DFG for developing and
promulgating regulations and enforcing those regulations, as
well as the requirements of the bill. The bill does not
identify a funding source other than the general fund to cover
the costs.
COMMENTS : The commercial fishery for Dungeness crab occurs in
two areas: northern and central California. The dividing line
is the southern border of Mendocino County. Central California
fishing areas include Avila-Morro Bay, Monterey, and San
Francisco-Bodega Bay. San Francisco has always been the center
and major port in the central California Dungeness crab fishery.
The northern California Dungeness crab fishery extends from Fort
Bragg to the Oregon border. The prime area is between Eureka
and Crescent City.
Currently, the Dungeness crab season opens November 15, south of
Mendocino County. North of Mendocino County the season does not
open until December 1. The reason for the earlier season in the
central California fishery is based on the earlier molt of the
male crabs in that region. The male crabs reach market
condition earlier than in the north.
According to the author, San Francisco's Dungeness crab has
traditionally been harvested and delivered to Fisherman's Wharf
by small and medium-sized, family-owned, local boats. The crabs
are traditionally brought to small, family-owned fish markets,
crab stands, and restaurants.
The author states that large vessels from northern California,
Oregon, and Washington have recently begun taking advantage of
the early season opening south of Mendocino County by moving
into that area to fish for crab. These larger vessels may put
out 800 to 1,000 crab traps at a time. California Central Coast
fishermen say that, because of the large number of traps put out
by the larger vessels, there are insufficient crabs remaining
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for the local fishermen to catch. They claim that 80 percent to
90 percent of the season's production takes place in the first
three to four weeks of the season. Also, along with the larger
vessels come "mega-buyers" who buy the crabs in this early
period when the market is flooded and freeze them. This has
reduced the price available to the local fishermen.
The Oregon and Washington boats, in particular, pay a fee of
$400 to DFG in order to fish in California waters, but return to
their out-of-state home ports with their catch. However, this
is a reciprocal arrangement, as California fishermen pay similar
fees to fish in northern waters.
The Crab Boat Owners Association claims that if this bill were
adopted, it would have the effect of: 1) Increasing prices paid
to fishermen, since all of the crab would not be dumped on the
market at the same time; 2) Making fishing operations safer,
because fishermen would not be forced to fish during bad
weather; and 3) Increasing the duration of the fishing seasons,
because more crabs would be available.
Opponents to the bill argue that changing the opening date of
the crab season from November 15 to December 1 will deny crab to
California local consumers, tourists, restaurants, hotels,
markets, crab vendors, and processors for 15 days. This will
result in higher prices for all those groups, because they will
have to buy crabs from the tribal fisheries in Puget Sound,
Washington and have them shipped in. There is a significant
market for crabs at Thanksgiving. The bill has been amended
from its original version to set the season opening on the
Saturday before the final Thursday in November.
Another opposing argument is that the bill tries to cast an
economic issue as a resource issue. Opponents argue that the
only reason for asking the Commission to further regulate the
fishery is to limit competition. There is no resource-based
reason for increased management of the fishery.
Finally, the limit on traps gives an advantage to owners of
smaller boats, even though the owners of larger boats have just
as much right to the resource. Smaller boats have economic
advantages, such as having to hire little or no crew, and having
lesser costs than the larger vessels. Many of the larger boats
are also family-owned, and their owners have all the same
economic and financial burdens as the owners of smaller boats,
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as well as the same rights to utilize the fishery resource.
The California Constitution designates the Commission as the
body to deal with fishery allocation issues. The Commission is
assisted by the DFG in collecting data and developing management
proposals. The current statutes regarding management of
Dungeness crab fishery are due to sunset on January 1, 2007, at
which time DFG and the Commission will once again have to take
up the issue of managing the Dungeness crab fishery. All
indications are that the Dungeness crab populations are stable.
The main issue is the matter of competition between the small
boats and the larger northern boats.
Committee staff would like to make the following suggestion as
to further amendments. On page 3, lines 17-20, the original
language of the bill required the Commission to develop a
management plan for the Dungeness crab fishery and listed
several required elements of such a plan. The bill has been
amended to authorize the Commission to promulgate regulations,
but retains the required plan elements as suggested regulations.
This creates an awkward and clumsy phrasing, because the plan
elements are not described in terms of regulatory language, but
continue to be described in the form of plan elements. This
section of the bill should be amended to rephrase the
subparagraphs (1) through (4)(E) in the form of suggested
regulations.
REGISTERED SUPPORT / OPPOSITION :
Support
Pacific Coast Federation of Fishermen (sponsor)
Captain Sean Hodges, Fishing Vessel HogHeaven
Crab Boat Owners Association
Fisherman's Marketing Association of Bodega Bay
Fishing Vessel, Sandra Sue
John Mellor
Josh Churchman, Fishing Vessel Osprey
Kurt Hochberg, Fishing Vessel New Salmon Queen
San Mateo County Harbor District
Steven Kingsley, Sales Agent for Morgan Fish Company, San
Francisco
No position, but offering comment
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Humboldt Fishermen's Marketing Association, Inc.
Opposition
California Fisheries and Seafood Institute
Analysis Prepared by : Jeffrey Volberg / W., P. & W. / (916)
319-2096