BILL ANALYSIS
AB 749
Page 1
GOVERNOR'S VETO
AB 749 (Leno)
As Amended August 22, 2005
2/3 vote
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|ASSEMBLY: |47-32|(June 2, 2005) |SENATE: |21-12|(September 6, |
| | | | | |2005) |
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|ASSEMBLY: |48-31|(September 7, | | | |
| | |2005) | | | |
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Original Committee Reference: W., P. & W.
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, authorizes the Fish and Game
Commission (FGC) to adjust the trap limit in the future and to
adopt regulations governing the Dungeness crab fishery, and
extends the operative date on various provisions relating to
Dungeness crab vessel permits and the opening of the fishery
season.
The Senate amendments retain the main provisions of the Assembly
approved version of this bill and make the following changes:
1)Require that regulations adopted by FGC regarding the
Dungeness crab fishery be adopted following best available
scientific and biological analysis, public discussion, and
consideration of alternative management measures, and be based
on recommendations from the Department of Fish and Game (DFG)
and the Dungeness crab review panel.
2)Strike provisions that provided for establishment of a
Dungeness crab advisory committee, and instead expand the
purposes of an existing Dungeness crab review panel to include
advising DFG on Dungeness crab fishery regulations. Provide
that the review panel, not later than January 1, 2008, and
annually thereafter, shall issue a report on the Dungeness
crab fishery and any management recommendations to the
director of DFG, FGC, and the Joint Committee on Fisheries and
AB 749
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Aquaculture.
3)Delay the sunset date on provisions regarding crab permits,
delay of the opening of the crab fishery season, and other
regulations governing the crab fishery from April 1, 2006 to
April 1, 2012.
4)Modify the language relating to the 250 trap limit, by stating
that it is the intent of the Legislature that the trap limit
apply in and to the south of District 10 until FGC adopts
another limit or adopts other regulatory controls, based on
consideration of specified factors.
5)Make other technical clarifying changes.
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, for
Mendocino County north to extend from December 1 through July
15, and for all other districts south of Mendocino County from
November 15 through June 30.
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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Prohibited a commercial fishing vessel from utilizing more
than 250 traps per season in districts south of Mendocino
County until June 30, 2008, after which time FGC would be
authorized to determine whether to continue, modify or
terminate the trap limit.
2)Established penalties for violations, authorized adoption of
regulations, and provided for establishment of an advisory
AB 749
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committee.
FISCAL EFFECT : According to the Assembly and Senate
Appropriation Committee analyses:
1)Minor potential costs to DFG to develop or modify Dungeness
crab fishery regulations. (Fish and Game Preservation Fund).
2)Moderate ongoing costs, about $300,000 annually starting in FY
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.
3)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 : The Senate amendments retain the basic provisions of
this bill relating to the 250 trap limit and authorizing DFG and
FGC to regulate the industry. The most substantive changes
delete the advisory committee and instead expand the role of an
existing review panel, extend the sunset date on various
provisions relating to Dungeness crab permits and the opening of
the fishery from 2006 to 2012, require FGC to consider certain
factors such as best available science in adopting regulations,
and clarify legislative intent that the 250 trap limit be in
effect in District 10 and south until modified by FGC.
GOVERNOR'S VETO MESSAGE :
I share the author's concerns for protecting our
marine resources. Protecting our environment, natural
resources, and our oceans has been a top priority of
my Administration. California has been a leader in
protecting our oceans and marine resources and true to
that tradition, last year I signed legislation
creating the Ocean Protection Council, regulating and
restricting bottom trawling, and eliminating the
discharge of sewer, gray water and trash from cruise
ships.
AB 749
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This bill has several meritorious elements such as
extending the sunset on the provisions creating a
limited entry fishery, establishment of the Dungeness
Crab Advisory Committee, and after the initial
arbitrary trap limit expires, vesting the Fish and
Game Commission with additional management powers.
However, one of the principal tasks of the Fish and
Game Commission is the regulation and management of
our State's fisheries. This bill creates an arbitrary
per boat trap limit just for one district through
legislation. Such an effort should not be made without
significant scientific and biological analysis, public
discussion and consideration of alternatives. That is
the role of the Fish and Game Commission.
In my veto message of a similar bill by the same
author last year, I encouraged the Legislature to vest
the Fish and Game Commission with additional authority
to manage the Dungeness crab fishery. The Fish and
Game Commission's existing authority over the
Dungeness crab fishery is limited to establishing
season dates, male only permitted harvest, and size.
There is no evidence these management practices are
not working to create a sustainable commercial
fishery.
I look forward to working with the Legislature on a
bill that vests the Fish and Game Commission with
additional powers to manage the fishery without the
arbitrary trap limits contained in this measure.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0013494