BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 749|
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THIRD READING
Bill No: AB 749
Author: Leno (D), et al
Amended: 8/22/05 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 7-3, 6/28/05
AYES: Kuehl, Bowen, Dutton, Kehoe, Lowenthal, Migden,
Romero
NOES: Margett, Aanestad, Hollingsworth
NO VOTE RECORDED: Machado
SENATE APPROPRIATIONS COMMITTEE : 9-4, 8/25/05
AYES: Migden, Alarcon, Alquist, Dutton, Escutia, Florez,
Murray, Ortiz, Romero
NOES: Aanestad, Ashburn, Battin, Poochigian
ASSEMBLY FLOOR : 47-32, 6/2/05 - See last page for vote
SUBJECT : Fish and game: Dungeness crab
SOURCE : Golden Gate Restaurant Association
Pacific Coast Federation of Fishermens
Association
DIGEST : This bill places a limitation on the number of
traps crab fishing vessels could use at one time, as
specified, and authorizes the Fish and Game Commission to
adopt regulations for the crab fishery and subsequently
adjust them, as specified.
CONTINUED
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ANALYSIS : 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.
This bill extends the operative date, by six years, of the
provisions relating to Dungeness crab vessel permits and
the opening of the Dungeness crab fishery, and authorizes
the Fish and Game Commission (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.
This bill limits the number traps that may be used by a
single permitted vessel to 250 in District 10 and south
within the State until June 30, 2008. FGC will be required
to review this limit on or after March 15, 2008, and
increase, decrease, or eliminate it after June 30, 2008.
This bill prohibits more than one crab permit on a single
vessel. The Department of Fish and Game (DFG) estimates
new costs of approximately $285,920 to adequately enforce
the new 250 trap limit in District 10 during their
two-to-three week Dungeness crab fishery season.
Enforcement includes large patrol boats, four wardens
dedicated to checking landings five days a week for two
weeks, and one DFG plane to do aerial patrols to assist the
boat patrols.
This bill requires 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. As a result, this bill will not result in
unrecoverable costs to DFG.
Violations of the provisions of this bill will be a
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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 will 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
Fiscal Impact (in thousands)
Major Provisions 2005-06 2006-07
2007-08 Fund
Regulations minor and absorbable
Special*
Enforcement $286 $286
Special*
Entirely offset by increased fee
authority
* Fish and Game Preservation Fund
SUPPORT : (Verified 8/26/05)
Golden Gate Restaurant Association (co-source)
Pacific Coast Federation of Fishermen's Association
(co-source)
ASQEW Grill
Bodega Bay Fishermen's Association
California Coastkeeper Alliance
Chinese Commercial Fishing Association
City and County of San Francisco
Crab Boat Owners Association, Inc.
Crab Fishermen of Eureka California
Defenders of Wildlife
Environmental Defense
Farallones Marine Sanctuary Association
Fishermen's Marketing Association of Bodega Bay
Gulf of the Farallones National Marine Sanctuary (United
States Department of Commerce)
H. Young Enterprises
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Half Moon Bay Fishermen
Half Moon Bay Fishermen's Marketing Association
Hawthorne Lane Restaurant
Kimpton Hotels and Restaurants, LLC
Martini House
Max's Restaurant
Mendonoma Marine Life Conservancy
Monterey Commercial Fishermen's Association
Monterey Fish Market
Natural Resources Defense Council
Next Seafood Company
Osprey Seafood
Palio d' Asti Restaurant
Pier 23 Caf?
Planning and Conservation League
Ports Seafood
Rickey's Restaurant
San Francisco Tomorrow
San Mateo County Harbor District
Santa Cruz Commercial Fishermen's Association
Save Our Shores
Scoma's Restaurant
Sierra Club
Small Boat Commercial Salmon Fishermen's Association
Sonoma County Water Agency
The Brazen Head Restaurant and Public House
The City Club
The Grove Caf?
The Ocean Conservancy
The Puccini Restaurant Group
Vasco Restaurant
Vine Solutions
OPPOSITION : (Verified 8/26/05)
California Seafood and Fisheries Institute
Coalition Opposed to AB 749
ARGUMENTS IN SUPPORT : The Pacific Coast Federation of
Fishermen's Associations (PCFFA), one of the bill's
sponsors, states that this bill is needed to protect the
resource, fishing men and women and consumers. They helped
draft the legislation [AB 3337 (Hauser), Chapter 973,
Statutes of 1994] that limits the number of vessels
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operating in the crab fishery and created the limited entry
program in force today. It was recognized even then, their
letter states, that limiting the equipment used might also
be needed, as evidenced in the legislative findings (see
Section 8280(b) in the Analysis section above). PCFFA
points out that this bill is supported by a very large
number of fishing men and women from District 10 and south,
and many from the ports in northern California as well.
ARGUMENTS IN OPPOSITION : The California Fisheries and
Seafood Institute argues that this is not a resource issue
and that the fishery is already well regulated, noting the
rules about size limits and limiting the take to male
crabs. Neither of these is the subject of the bill. They
also argue that pot limits will stifle competition and lead
to higher prices and no crab for Californians during the
beginning of the season when demand is high. They also
state that this resource belongs to all Californians, and
many look forward to buying crab at the beginning of the
season.
Fishermen note that the 250 limit may not be appropriate
for all boats, and that costs vary and are escalating.
They also note that the bill provides for an undetermined
potential fee increase to cover DFG's administrative costs.
ASSEMBLY FLOOR :
AYES: Arambula, Baca, Bass, Berg, Bermudez, Calderon,
Canciamilla, Chan, Chavez, Chu, Cohn, Coto, De La Torre,
Dymally, Evans, Goldberg, Hancock, Harman, Jerome Horton,
Jones, Karnette, Klehs, Koretz, Laird, Leno, Levine,
Lieber, Liu, Matthews, Montanez, Mullin, Nation, Nava,
Negrete McLeod, Oropeza, Parra, Pavley, Ridley-Thomas,
Ruskin, Saldana, Salinas, Torrico, Umberg, Vargas, Wolk,
Yee, Nunez
NOES: Aghazarian, Benoit, Blakeslee, Bogh, Cogdill,
Daucher, DeVore, Emmerson, Frommer, Garcia, Haynes,
Shirley Horton, Houston, Huff, Keene, La Malfa, La Suer,
Leslie, Maze, McCarthy, Mountjoy, Nakanishi, Niello,
Plescia, Richman, Sharon Runner, Spitzer, Strickland,
Tran, Villines, Walters, Wyland
NO VOTE RECORDED: Gordon
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CTW:mel 8/29/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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