BILL NUMBER:  AB 749
  VETOED	DATE: 10/07/2005




To the Members of the California State Assembly:

I am returning Assembly Bill 749 without my signature.

I share the authors 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.

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 States fisheries.  This bill creates an arbitrary
per boat trap li mit 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 Commissions 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.


Sincerely,



Arnold Schwarzenegger