BILL NUMBER: AB 825 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Blakeslee
FEBRUARY 26, 2009
An act to amend Section Sections 8284 and
9011 of the Fish and Game Code, relating to commercial fishing.
LEGISLATIVE COUNSEL'S DIGEST
AB 825, as amended, Blakeslee. Dungeness crab
Crab traps.
Existing law regulates the Dungeness and rock crab
fishery fisheries . Existing law sets
forth the qualifications for a Dungeness crab vessel permit, and
provides that no person shall use a vessel to take, possess, or land
Dungeness crab for commercial purposes without a Dungeness crab
vessel permit. Existing law regulates the size and features of traps
that may be used to take Dungeness and rock crab ,
requires a crab taken with a crab trap used for the other crab
species to be returned to the waters from which it was taken, and
prohibits possession of both species aboard any vessel when the
vessel is being used to take either rock crab or Dungeness crab
.
This bill would make technical, nonsubstantive changes to
that trap provision permit the incidental take of
rock crab with a Dungeness crab trap, and of Dungeness crab with a
rock crab trap, subject to specified existing law. The bill would
delete the prohibition against possession of both species aboard a
vessel .
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8284 of the Fish and
Game Code is amended to read:
8284. (a) Subject to this article and Article 1 (commencing with
Section 9000) of Chapter 4, crab traps, as described in Section 9011,
may be used to take Dungeness crab for commercial purposes. Any fish
may be taken incidentally in crab traps being used to take Dungeness
crab.
(b) Any Except as provided in Section 9011
or subdivision (c ), any other species taken
incidentally in a crab trap being used to take rock crab,
except as provided in subdivision (c), shall be immediately
released back to the water.
(c) The following species may be taken incidentally in crab traps
being used to take rock crab under a permit issued pursuant to
Section 9001 in Districts 19 and 118.5:
(1) Kellet's whelk.
(2) Octopus.
(3) Crabs , other than of the genus Cancer
, except as provided in Section 9011 .
SECTION 1. SEC. 2. Section 9011 of
the Fish and Game Code is amended to read:
9011. (a) (1) Subject to Article 6 (commencing with Section 8275)
of Chapter 2, Dungeness crab, as defined in Section 8275, may be
taken with Dungeness crab traps.
(2) A Dungeness crab trap may have any number of openings of any
size. However, every Dungeness crab trap shall have at least two
rigid circular openings of not less than 41/4 inches, inside
diameter, on the top or side of the trap. If both of the openings are
located on the side of the trap, at least one of the openings shall
be located so that at least one-half of the opening is in the upper
half of the trap.
(3) Any rock crab taken with a crab trap used pursuant to this
subdivision to take Dungeness crab shall be immediately returned to
the waters from which it was taken. No person shall possess rock crab
aboard any vessel when the vessel is being used to take Dungeness
crab.
(3) Subject to Article 6 (commencing with Section 8275) of Chapter
2, rock crab may be taken incidentally with a Dungeness crab trap
used pursuant to this subdivision to take Dungeness crab. A rock
crab, taken incidentally with a Dungeness crab trap, that does not
comply with Article 6 (commencing with Section 8275) of Chapter 2
shall be immediately returned to the waters from which it was taken.
(b) (1) Subject to Article 6 (commencing with Section 8275) of
Chapter 2, rock crab, as defined in Section 8275, may be taken with
rock crab traps.
(2) A rock crab trap may have any number of openings of any size.
However, a rock crab trap constructed of wire mesh with an inside
mesh measurement of not less than 17/8 inches by 37/8 inches, with
the 37/8 inch measurement parallel to the floor, shall have at least
one rigid circular opening of not less than 31/4 inches, inside
diameter, located on any outside wall of the rearmost chamber of the
crab trap and shall be located so that at least one-half of the
opening is in the upper half of the trap. Rock crab traps constructed
of other material shall have at least two rigid circular openings of
not less than 31/4 inches, inside diameter, on the top or side of
the rearmost chamber of the trap. If both of the openings are located
on the side of the trap, at least one of the openings shall be
located so that at least one-half of the opening is in the upper half
of the trap. No rigid circular opening, as required, shall extend
more than1/2 inch beyond the plane of the wall side or top of the
trap in which it is located, and it shall be clearly accessible to
any crab which may be in the trap.
(3) No person shall possess any lobster aboard a vessel while the
vessel is being used pursuant to this subdivision to take rock crab.
Any Dungeness crab taken with a crab trap used pursuant to this
subdivision to take rock crab shall be immediately returned to the
waters from which it was taken. No person shall possess Dungeness
crab aboard any vessel when the vessel is being used to take rock
crab.
(3) Subject to Article 6 (commencing with Section 8275) of Chapter
2, Dungeness crab may be taken incidentally with a rock crab trap
used pursuant to this subdivision to take rock crab. A Dungeness
crab, taken incidentally with a rock crab trap, that does not comply
with Article 6 (commencing with Section 8275) of Chapter 2 shall be
immediately returned to the waters from which it was taken.
(4) A person shall not possess any lobster aboard a vessel while
the vessel is being used pursuant to this subdivision to take rock
crab.