BILL ANALYSIS
AB 749
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ASSEMBLY THIRD READING
AB 749 (Leno)
As Introduced February 17, 2005
Majority vote
WATER, PARKS & WILDLIFE 8-5 APPROPRIATIONS 13-5
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|Ayes:|Wolk, Baca, Berg, |Ayes:|Chu, Bass, Berg, |
| |Dymally, Matthews, Parra, | |Calderon, Mullin, |
| |Pavley, Saldana | |Karnette, Klehs, Leno, |
| | | |Nation, Oropeza, |
| | | |Ridley-Thomas, Saldana, |
| | | |Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Villines, Daucher, |Nays:|Sharon Runner, Emmerson, |
| |Emmerson, Maze, Sharon | |Haynes, Nakanishi, |
| |Runner | |Walters |
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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, north
of the Mendocino County line, where no limit shall apply. After
June 30, 2008, authorizes the Fish and Game Commission (FGC) to
determine whether the trap limit should be continued or
modified.
2)Requires FGC, 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.
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4)Authorizes FGC to adopt regulations necessary to protect the
Dungeness crab resource and provide for an orderly crab fishery.
Authorizes FGC to establish a Dungeness crab Advisory Committee
to advise FGC 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 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 :
1)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.
2)Sets the crab season in Districts 6, 7, 8, and 9, from Mendocino
County north from December 1 through July 15th, and for all
other districts south of Mendocino County from November 15th
through June 30th.
3)Authorizes FGC to regulate fishing boats as necessary to prevent
deterioration and waste of fish. Makes it unlawful to cause or
permit 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 : Minor potential costs, if any, to DFG to develop
or modify Dungeness crab fishery regulations and to appoint
members to Advisory Committee. (Fish and Game Preservation Fund
(FGPF).) Moderate ongoing costs, about $300,000 annually starting
in fiscal year 2006-07, to DFG to assign additional wardens to
enforce the trap limitation. A small portion of these costs may
be offset by revenue generated by increased permit fees, if FGC
uses its authority to do so. Authorizes FGC to either adjust the
permit fee for crab taken south of District 10, or to establish a
landing fee or vessel stamp to cover all reasonable costs of
administering and enforcing the provisions of this bill.
COMMENTS : This bill places a limit on the number of traps per
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vessel for taking Dungeness crab for a pilot period of two years.
The purpose of the bill according to the author is to ensure the
sustainability of the San Francisco crab fishery, to ensure
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.
This bill seeks to extend the length of time during the year that
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 notes that Dungeness crab has
traditionally been harvested and delivered to Fisherman's Wharf in
San Francisco by small and medium sized family-owned local boats,
and processed and distributed to small, family-owned fish markets,
crab stands, and restaurants. According to the author, there has
been a decline in these family-owned and small business boats due
to their inability to compete with larger boats and processors
coming primarily from the north. The combination of the earlier
season opening and the entry of large vessels from outside the
region has resulted in most of the crab being harvested within a
few weeks of the season opening.
Opponents argue that the bill is not addressing a resource problem
but instead is an effort to reduce competition and control the
price of the crab. They also 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. The opposition generally argues that the bill
casts an economic issue as a resource issue and gives an advantage
to the smaller boats.
Landing reports from DFG do indicate that the majority of the crab
is being harvested during the early weeks of the season, although
the amount of waste which is occurring as a result is disputed.
FGC has limited authority to regulate the crab fishery under
existing law. This bill places limits on the number of traps for
a two year pilot period, after which FGC would have authority to
extend, discontinue or modify the limits, based on their
assessment of the need to for further management of the resource.
Please see the policy committee analysis for a more detailed
discussion of this bill.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096 FN: 0010547
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