BILL ANALYSIS                                                                                                                                                                                                    




                    Appropriations Committee Fiscal Summary
          
                                           2146 (Leno)
          
          Hearing Date:  7/12/04          Amended: 6/16/04       
          Consultant: Miriam Barcellona Ingenito            Policy  
          Vote: NR&W 6-3           
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          BILL SUMMARY: 
          
          AB 2146 would establish restrictions and increased  
          penalties related to the commercial Dungeness crab fishery.  
          Specifically, AB 2146 would (1) authorize the Fish and Game  
          Commission (FGC) to adopt regulations for the Dungeness  
          crab fishery, as specified; (2) authorize FGC to establish  
          a Dungeness Crab Advisory Committee, as prescribed; (3)  
          establish a maximum number of traps that can be used for  
          the commercial take of Dungeness crab and make it a  
          misdemeanor for first violations and revocation of license  
          for second violations; and (4) exempt Dungeness crab traps  
          from the requirement to be raised, cleaned, serviced and  
          emptied at least every 96 hours and instead require that  
          the traps be removed from the ocean not more than 96 hours  
          after the close of the crab season.
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                          Fiscal Impact (in thousands)

           Major Provisions              2004-05            2005-06         
                2006-07            Fund
           Regulations        $50                               SF*
          Enforcement                    $328                   
          $243SF*
           Advisory Committee             unknown, potentially less  
            than $50           SF*
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          *Fish and Game Preservation Fund, a continuously  
          appropriated fund.
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          STAFF COMMENTS:  This bill meets the criteria for referral  
          to the Suspense file.
          
          AB 2146 would result in minor costs to adopt or modify  










          regulations pertaining to the Dungeness crab fishery and to  
          appoint member of the advisory committee. AB 2146 would  
          result in additional enforcement costs to the Department of  
          Fish and Game to enforce the Dungeness crab trap limit.  

          STAFF NOTES that Legislative Counsel interprets Fish and  
          Game Code section 13220 pertaining to the Fish and Game  
          Preservation Fund as a continuous appropriation. However,  
          monies in the fund are, in practice, appropriated annually  
          by the Legislature in the Budget Act; the Department of  
          Finance also treats the fund this way.  Staff recommends  
          amending the statutes to clearly state that the monies in  
          the fund are to be expended only through an appropriation  
          by the Legislature.