BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                          Senator Carole Migden, Chairwoman

                                           749 (Leno)
          
          Hearing Date:  8/15/05          Amended: 7/5/05
          Consultant: Miriam Barcellona IngenitoPolicy Vote: NR&W 7-3




































                                  -Continued-








          AB 749 (Leno)
          Page 2

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          BILL SUMMARY:  AB 749 would place a limitation on the number of  
          traps crab fishing vessels could use at one time, as specified,  
          and would authorize the Fish and Game Commission (FGC) to adopt  
          regulations for the crab fishery and subsequently adjust them,  
          as specified.  
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          ____
                            Fiscal Impact (in thousands)

           Major Provisions               2005-06     2006-07    2007-08    Fund
           Regulations                  minor and absorbable        SF*
          Enforcement                            $286     $286     SF*

          *Fish and Game Preservation Fund       
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          ____

          STAFF COMMENTS:   This bill meets the criteria for referral to  
          the Suspense file.
          
          Existing law regulates the Dungeness crab fishery in order to  
          protect the fishery by (among other things) restricting the  
          number and type of vessels that may take crab, limiting the  
          crab-fishing season, and limiting the type of gear used on a  
          vessel to take crab.  Existing law also establishes a Dungeness  
          crab review panel for the purpose of review applications for  
          Dungeness crab vessel permits.  The provisions of existing law  
          limiting the number of vessels that take crab commercially from  
          the State's waters become inoperative on April 1, 2006.

          AB 749 would extend the operative date, by six years, of the  
          provisions relating to Dungeness crab vessel permits and the  
          opening of the Dungeness crab fishery, and authorize FGC to  
          adopt regulations to ensure the protection of the Dungeness crab  
          resources, as specified.  FGC estimates that it could absorb the  
          costs associated with new regulations in the course of its  
          regular commission meetings.                                      
                          

          AB 749 would limit the number traps that may be used by a single  
          permitted vessel to 250 in District 10 and south within the  









          AB 749 (Leno)
          Page 2

          State until June 30, 2008.  FGC would be required to review this  
          limit on or after March 15, 2008 and increase, decrease, or  
          eliminate it after June 30, 2008.  AB 749 would prohibit more  
          than one crab permit on a single vessel.  DFG estimates about  
          new costs of $285,920 to adequately enforce the new 250 trap  
          limit in District 10 during their two-to-three week Dungeness  
          crab fishery season. Enforcement would include large patrol  
          boats, four wardens dedicated to checking landings five days a  
          week for two weeks, and one Department of Fish and Game plane to  
          do aerial patrols to assist the boat patrols.  

          AB 749 would require FGC to adjust the crab vessel permit fee  
          for persons taking crab in and south of District 10, or to  
          establish a landing fee or vessel stamp, to cover the costs of  
          administering and enforcing the Dungeness crab trap limitation.   
          STAFF NOTES that the vessel permit fee is set in statute and not  
          by FGC.  

          Violations of the provisions of this bill would be a misdemeanor  
          punishable by a fine of not more than $5,000, imprisonment in  
          county jail for not more than six months, or both.  A second  
          violation would result in permanent revocation of the Dungeness  
          crab permit and revocation of a commercial fishing license for a  
          period of not less than five years.