BILL ANALYSIS
AB 2146
Page 1
GOVERNOR'S VETO
AB 2146 (Leno)
As Amended August 23, 2004
2/3 vote
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|ASSEMBLY: |47-30|(May 25, 2004) |SENATE: |21-12|(August 24, |
| | | | | |2004) |
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|ASSEMBLY: |45-31|(August 26, | | | |
| | |2004) | | | |
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Original Committee Reference: W., P. & W.
SUMMARY : Revises the statutes that govern the Dungeness crab
fishery.
The Senate amendments :
1)Exempt Districts 6, 7, 8, and 9 from the provisions of this
bill.
2)Impose penalties for a second violation of the provisions of
this bill.
3)Require the Fish and Game Commission (Commission), between
March 15, 2007 and August 30, 2007, to consider
recommendations from the Department of Fish and Game and
Dungeness crab vessel permit holders on whether to extend the
operation of the 250 trap limit or to make other modifications
of the trap limit.
4)Require the Commission to either adjust the crab vessel permit
fee for vessels taking crab in and south of District 10, or
establish a landing fee or vessel stamp to cover the costs of
administering the program established by this bill.
5)Eliminate an exemption for Dungeness crab traps from the
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requirement that every trap be raised, cleaned, serviced, and
emptied at 96-hour intervals.
EXISTING LAW :
1)Regulates, generally, the Dungeness crab fishery.
2)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.
AS PASSED BY THE ASSEMBLY , this bill authorized the Commission
to adopt regulations to protect the Dungeness crab resource and
provide for an orderly crab fishery, with specified regulations
that may be included and limited the number of traps that could
be used to take Dungeness crab.
FISCAL EFFECT : Some costs for developing and adopting
regulations, and continuing costs of enforcement.
COMMENTS : The Senate amendments were substantive, but entirely
consistent with this bill as passed out of the Assembly.
GOVERNOR'S VETO MESSAGE :
I share the author's concern for our marine resources
and the safety of our State's fishing fleet. However,
I am concerned that the significant changes this bill
mandates in the Dungeness crab fishery should be
considered and addressed through the Fish and Game
Commission following its thorough review and open
public hearing process.
One of the principal tasks of the Fish and Game
Commission is the regulation and management of our
State's fisheries. This bill enacts statutory changes
to management of the Dungeness crab fishery that will
complicate the Commission's ability to respond to
fishery dynamics and render the fishery inflexible.
Such an effort to preference one segment of the
fishery over another should not be made without
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significant scientific and biological analysis, public
discussion and consideration of alternatives. That is
the role of the Fish and Game Commission.
I urge the Legislature to vest the Commission with
fishery management responsibility for Dungeness crab
and then let the Commission proceed with the dozens of
complex decisions necessary to effect sustainable
fishery management.
Analysis Prepared by : Jeff Volberg / W., P. & W. / (916)
319-2096
FN: 0009155