BILL ANALYSIS
AB 2146
Page 1
ASSEMBLY THIRD READING
AB 2146 (Leno)
As Amended April 12, 2004
Majority vote
WATER, PARKS & WILDLIFE 9-4
APPROPRIATIONS 16-5
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|Ayes:|Canciamilla, Berg, |Ayes:|Chu, Berg, Calderon, |
| |Goldberg, Kehoe, | |Corbett, Correa, |
| |Lowenthal, Matthews, | |Firebaugh, Goldberg, |
| |Parra, Pavley, Wolk | |Leno, Nation, Negrete |
| | | |McLeod, Oropeza, Pavley, |
| | | |Ridley-Thomas, Wesson, |
| | | |Wiggins, Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Leslie, Daucher, Keene, |Nays:|Runner, Bates, Daucher, |
| |Plescia | |Haynes, Keene |
| | | | |
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SUMMARY : Revises the statutes that govern the Dungeness crab
fishery. Specifically, this bill :
1)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.
2)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
regulations to be adopted.
3)Makes legislative findings that, to protect the fishery, it is
necessary to limit the number of boats participating in the
fishery, and it may be necessary to limit the quantity and
capacity of the fishing gear used on each vessel.
4)Makes legislative findings that, to ensure the long-term
sustainability of the Dungeness crab fishery, it is necessary
to limit the number of traps used in the fishery, particularly
in District 10 and south.
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5)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.
6)Makes the limitation on traps effective only from November 15,
2005, through June 30, 2007.
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.
9)Establishes a penalty for violation of this section of not
more than $1,000, or not more than six months in the county
jail, or both.
EXISTING LAW generally regulates the Dungeness crab fishery and
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 : Imposed costs on the Commission and DFG for: 1)
establishing the Advisory Committee and adopting a Dungeness
crab fishery management plan; and, 2) developing and
promulgating regulations and enforcing those regulations, as
well as the requirements of this bill. This 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
AB 2146
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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
for the local fishermen to catch. They claim that 80% to 90% 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 argue that the bill tries to cast an economic issue as
a resource issue. Opponents also 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.
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A letter to the author from the Gulf of the Farallones National
Marine Sanctuary (GFNMS), managed by the federal National
Oceanic and Atmospheric Administration, suggests that there is a
resource-based reason for imposing a trap limit, at least within
the sanctuary. GFNMS does not manage fisheries, but does make
recommendations to fishery management agencies on fishery
matters affecting the resources of the sanctuary. Last year,
GFNMS convened a working group composed of the commercial and
recreational fishing industry and conservation groups. The
working group recommended a limit of crab traps in the
sanctuary.
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. On the other hand, they
are limited in the number of traps they can carry. They also
cannot operate in as rough weather as the larger boats. 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, as well as the same rights to utilize the fishery
resource.
The California Constitution designates the Commission as the
body to deal with fishery management issues. The Commission is
assisted by 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.
Analysis Prepared by : Jeffrey Volberg / W., P. & W. / (916)
319-2096
FN: 0005790