BILL ANALYSIS
AB 749
Page 1
Date of Hearing: April 12, 2005
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Lois Wolk, Chair
AB 749 (Leno) - As Introduced: February 17, 2005
SUBJECT : Dungeness Crab: Trap Limits
SUMMARY : Establishes a pilot program with a Dungeness crab
trap limit of 250 traps per vessel in all Fish and Game
districts south of Mendocino County. Specifically, this bill :
1) Prohibits, until June 30, 2008, a person operating a
vessel for commercial take of Dungeness Crab from utilizing
more than 250 traps during a season, except in Districts 6,
7, 8, and 9, which are north of the Mendocino County line,
where no limit shall apply. After June 30, 2008,
authorizes the Fish and Game Commission to determine
whether the trap limit should be continued or modified.
2) Requires the Fish and Game Commission, on or after March
15, 2008, to consider recommendations from the Department
of Fish and Game (DFG) and Dungeness crab vessel permit
holders on whether to increase or decrease the trap limit,
terminate the trap limit after June 30, 2008, or make any
other modifications to the limit.
3) Provides that the penalty for a first offense for
violation of the 250 crab trap limit shall be a fine of up
to $5,000 and/or six months in jail, and for a second
offense permanent revocation of a Dungeness crab permit and
five years revocation of a commercial fishing license.
4) Authorizes the Fish and Game Commission to adopt
regulations necessary to protect the Dungeness crab
resource and provide for an orderly crab fishery.
Authorizes the Commission to establish a Dungeness crab
Advisory Committee to advise the Commission and DFG on
regulations, and prescribes the membership of the
committee.
5) States Legislative findings and declarations that
limitations on the number of traps are necessary to ensure
the long term stability of the Dungeness crab fishery,
particularly in Fish and Game District 10 and south of the
AB 749
Page 2
district, to ensure safety and equity, to increase the
economic value of the resource, and to make more fresh crab
available to consumers for a longer period of the season.
EXISTING LAW , Fish and Game Code Sections 8275 through 8284,
generally regulates the commercial Dungeness crab fishery by,
among other things, restricting the size of crabs that may be
harvested, restricting the number and type of vessels, limiting
the season, and regulating the type of gear used to take crab.
However, there are currently no limits on the number of traps
per vessel, or on the amount of crab which can be harvested in a
single day. The crab season in Districts 6, 7, 8 and 9, from
Mendocino County north, is set by statute from December 1
through July 15th, whereas the season for all other districts
south of Mendocino County, including San Francisco, is November
15th through June 30th. Fish and Game Code Section 7701
authorizes the Fish and Game Commission to regulate fishing
boats as necessary to prevent deterioration and waste of fish.
Under Fish and Game Code Section 7704 it is unlawful to cause or
permit any deterioration or waste of any fish, or to receive or
agree to receive more fish than can be used without
deterioration, waste or spoilage.
FISCAL EFFECT : Costs of administration and enforcement could
be offset by new fees authorized by the bill. The bill
authorizes the Fish and Game Commission, after consultation with
the DFG and Dungeness crab vessel permit holders, to either
adjust the permit fee for crab taken south of District 10, or
establish a landing fee or vessel stamp to cover all reasonable
costs of administering and enforcing the provisions of the bill.
Related Legislation : AB 2146 (Leno) of 2004 was substantially
similar to AB 749. AB 2146 passed this committee on a vote of
9-4 but was vetoed by the Governor.
COMMENTS :
1)Purpose : AB 749 places a limit on the number of traps per
vessel for the taking of Dungeness crab, for a pilot period of
two years, in order to ensure the sustainability of the San
Francisco crab fishery, to ensure that Dungeness crab
production is maintained at adequate levels throughout the
entire season, and to create a level playing field for small,
medium and large vessels participating in the fishery. The
bill seeks to extend the length of time during the year that
AB 749
Page 3
fresh crab is available to consumers in local markets, and to
prevent waste of the resource that may occur when more crab is
harvested at one time than can be processed before the crab
dies and must be discarded.
The author points out that San Francisco's Fisherman's Wharf is
highly regarded for its long-standing tradition of Dungeness
crab. Dungeness crab has traditionally been harvested and
delivered to Fisherman's Wharf by small and medium sized
family-owned local boats. In the past, these crabs were
bought, processed and distributed to small, family-owned fish
markets, crab stands and restaurants. According to the
author, over the years there has been a decline in these
family-owned and small business boats due to their inability
to compete with larger boats and processors from the north.
2)Landing Reports : Fish and Game Commission landing reports for
Dungeness Crab in San Francisco ports do show that the vast
majority of the crabs (over 75%) are harvested during the
first two weeks after the season opening in November, followed
by a dramatic decline in landings in December, and an even
smaller harvest in January. In November 2004 over 2.7 million
pounds of crabs were landed in San Francisco ports during the
first two weeks of the season, followed by only 649,000 pounds
in all of December 2004, and only 158,000 pounds in January
(less than 1% of the amount harvested in November). The
landing reports also show a steep increase in the amount of
crab harvested in the month of November in recent years,
increasing from November of 2002, when 1.7 million pounds were
harvested, to November of 2004, when over 2.7 million pounds
were harvested.
3)Support : According to the Pacific Coast Federation of
Fishermen's Association, which supports the bill, the Central
California Dungeness crab fishery has had a track record of
being one of the most sustainable fisheries in the world. The
Dungeness crab fishery has for a long time been part of the
tradition, culture and history of the Bay Area. San
Francisco has been the center and major port in the central
California Dungeness crab fishery. Historically, the crab
season has lasted for seven months of the year with fresh crab
being available in local markets and restaurants for much of
that time. More recently, the combination of the earlier
season opening, and the entry of very large vessels from
outside the region (some of which are equipped with as many as
AB 749
Page 4
1,000 traps per vessel and can harvest as much as 50-60,000
pounds a day) has resulted in most of the crab being harvested
within a week or two after the season opens. Supporters argue
that the early season frenzy and take of such a large quantity
of crabs by these larger vessels has had a number of negative
impacts, including:
a. Most of the crab is being harvested within a
week or two after the season opens, flooding the market
and driving down the price, depleting the availability
of fresh local crab later in the season, and resulting
in abuse of the resource.
b. The large quantity of crab which is being
harvested in such a short time period is sometimes more
than the processors can handle, resulting in waste of
the resource, since some of the crab dies before it can
be processed and the dead crabs are then dumped.
Incidents of waste and illegal dumping were documented
in a video tape provided to the Fish and Game
Commission, although the amount of waste occurring is
disputed.
c. Most of the catch which can be processed is then
frozen, limiting the availability of fresh (non-frozen)
crab to only a few weeks of the year. Contrary to
claims of opponents that limiting the number of traps
will harm consumers by increasing the price of crab,
supporters such as the Golden Gate Restaurant
Association say the current system harms consumers who
must settle for frozen crab or more expensive crabs
imported from Oregon, Washington and Alaska.
d. Proponents fear that if the over-fishing
continues at the current level, the sustainability of
the fishery could be negatively affected over the long
term.
In summary, supporters argue that establishing a 250 trap
limit for a pilot period of two seasons as proposed in the
bill will help protect the sustainability of the fishery,
provide for a more level playing field, and help ensure
that fresh crab is available to consumers for a longer
period of time.
AB 749
Page 5
3)Opposition : The California Fisheries and Seafood Institute
and numerous individual fishermen oppose the bill and argue
that the bill is not addressing a resource problem, but rather
is an effort by local crab fishermen to keep out competition
and control the price of the crab. They argue that the larger
boats will not be able to make a living if they are limited to
250 traps per vessel due to the higher investment and higher
costs of operating the larger boats. They also argue that the
trap limit will increase the price of crab for consumers.
Opponents, which include a number of crab fishermen from
Northern California, generally claim that the bill tries to
cast an economic issue as a resource issue, when the only
reason for limiting the number of traps is to limit
competition. Opponents further argue that the limit on traps
gives an advantage to the owners of smaller boats, even though
the owners of larger boats have just as much right to the
resource. Opponents also dispute claims of proponents that
the large amount of crab being harvested all at once is
resulting in waste, and assert that these claims are
fabricated or exaggerated.
Some opponents have suggested, as an alternative to the current
language in AB 749, that a taskforce of representatives from
small, medium and large boats be formed to work with the Fish
and Game Commission on alternative methods for spreading out
the harvest and lengthening the season. Such an alternative
might include a trap limit, but instead of a one size fits
all, vary the limit based on historical take and other
factors.
4)Regulatory Authority : Existing Fish and Game Code Sections
which establish the permit requirements for Dungeness crab
vessels are due to sunset on January 1, 2007. Although the
Fish and Game Commission has been designated in the California
Constitution as the body responsible for dealing with fishery
management issues, the Commission has been granted very
limited authority under the Fish and Game Code to regulate the
crab fishery. Therefore, if the Legislature desires to
further regulate the take of Dungeness crab, those
regulations, or the authority to adopt those regulations,
needs to be provided in statute. The pilot program proposed
in AB 749 would place limits on the number of traps per vessel
for two seasons only, after which the Commission would have
authority to extend, discontinue or modify the limits, based
on their assessment of the need for further management of the
AB 749
Page 6
resource.
REGISTERED SUPPORT / OPPOSITION :
Support
Pacific Coast Federation of Fishermen's Association (sponsor)
Bodega Bay Fishermen's Association
The Brazen Head Restaurant and Public House
California Coastkeeper Alliance
Chinese Commercial Fishing Association
The City Club
Defenders of Wildlife
Environmental Defense
Fishermen's Marketing Association of Bodega Bay
Golden Gate Restaurant Association
The Grove Caf?
Half Moon Bay Fisherman's Marketing Association
John Atkinson, FV New Rayann
Josh Churchman, FV Osprey
Kimpton Hotels and Restaurants, LLC
Larry Collins, FV
Martini House
Max's Restaurants
Michael Mitchell, FV Linda Noelle
Monterey Commercial Fishermen's Association
Monterey Fish Market
Natural Resources Defense Council
Osprey Seafood
Palio d'Asti Restaurants, LLC
Pier 23 Caf?
Planning and Conservation League
Ports Seafood, Inc.
The Puccini Restaurant Group
Rickey's Restaurant
San Francisco Crab Boat Owners Association
San Francisco Tomorrow
Santa Cruz Commercial Fishermen's Association
Save Our Shores
Scoma's Restaurant
Sierra Club California
Vasco Restaurant
Several other individual fishermen and vessel owners.
AB 749
Page 7
Opposition
California Fisheries and Seafood Institute
Robert Juntz, Ocean Fresh Seafood Products
Mary Ann Di Mare, FV Malesa
Tom Estes, FV Tara Dawn/FV Pacific Gayle
Vince Doyle, FV Verna Jean
Bob Eder, FV Michele Ann
Gerald Bates, FV Chelsea
Michael Cunningham, FV Sally Kay
Garland Petty, FV Miss Jessie
Aaron Koski and Kris Grufft, FV Miss Kelley
John Caito, Caito Fisheries
Dale Lindstrom, FV Josie L.
Michael Gray and Robert Heitzman, FV Mary-C
Scott Creps, FV Calypso
Steve Salo, FV Jeanette P.
Claude Woots
Emanuel O. Silveria, FV May Lady
Nuel Silveira, FV Miss Augva
David Wight and Wayne Reed, FV Nanbellis-Jo
Several other individual fishermen and vessel owners.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096