BILL ANALYSIS
AB 825
Page 1
Date of Hearing: April 28, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AB 825 (Blakeslee) - As Amended: April 13, 2009
SUBJECT : Crab Traps
SUMMARY : Permits the incidental take of rock crab with
Dungeness crab traps, and vice versa, and repeals the
prohibition on possession of both species aboard the same vessel
at the same time. Specifically, this bill :
1)Repeals the requirement that rock crab taken with a Dungeness
crab trap be immediately returned to the water, and repeals
the prohibition on possession of rock crab aboard a vessel
when the vessel is being used to take Dungeness crab.
2)Authorizes rock crab to be taken incidentally with a Dungeness
crab trap, but requires any rock crab so taken that does not
comply with any of the other requirements of existing law
applicable to rock crab, including size, districts or other
requirements, to be immediately returned to the waters from
which it was taken.
3)Repeals the requirement that any Dungeness crab taken with a
rock crab trap be immediately returned to the water, and
repeals the prohibition on possession of Dungeness crab aboard
a vessel when the vessel is being used to take rock crab.
4)Authorizes Dungeness crab to be taken incidentally with a rock
crab trap, but requires any Dungeness crab so taken that does
not comply with any of the other requirements of existing law
applicable to Dungeness crab, including size, seasons,
permits, districts or other requirements, to be immediately
returned to the waters from which it was taken.
EXISTING LAW : Requires any rock crab taken with a Dungeness
crab trap, and any Dungeness crab taken with a rock crab trap,
to be immediately returned to the waters from which it was
taken. Prohibits any person from possessing a rock crab aboard
a vessel when the vessel is being used to take Dungeness crab,
and from possessing a Dungeness crab aboard a vessel when the
vessel is being used to take rock crab. Establishes other
restrictions related to minimum size, sex, season, trap size,
AB 825
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and permit requirements. Rock crab can be taken at any time,
whereas Dungeness crab is subject to seasonal restrictions.
FISCAL EFFECT : Unknown
COMMENTS : The purpose of this bill is to reduce restrictions
and economic impacts on commercial crab fishermen who currently
are prohibited from having both rock crab and Dungeness crab
onboard a vessel simultaneously, even if the specimens conform
to all legal requirements relative to size, sex, season,
district and permits. The author and supporters note that
because of this requirement commercial crab fishermen must make
multiple trips to load and unload catches of both species.
Valuable catches that otherwise conform to legal specifications
for sex, size and season must be thrown back to avoid the
presence of both species onboard. This results in higher than
necessary expenses associated with excess fuel costs and lost
time. Under this bill, all crab caught would still be required
to meet other existing requirements for size, sex, district,
limits, seasons and other applicable requirements.
The author also notes that California's commercial fishing
industry has experienced years of decline in profitability, and
that the economic impacts have forced many fishermen to abandon
their careers. This year the closure of the salmon season for
the second year in a row, and the weak Dungeness crab harvest
have compounded the stressed financial condition for
California's fishermen.
Background information provided by the author indicates that the
changes proposed in this bill would be most significant for the
fishing community of Morro Bay where the presence of Dungeness
crab are not as prevalent as in the North Coast. Fishermen in
the Morro Bay area catch mostly rock crab, but often hold dual
permits for both species. If these fishermen were allowed to
check both types of traps on the same day, they could save up to
$200 in fuel and 5 hours of labor per day, in addition to
benefiting economically from the ability to retain legal
Dungeness crabs caught incidentally in rock crab traps.
The requirement that only one species be on board a vessel at
the same time is apparently designed to facilitate enforcement,
as a means of ensuring that fishermen are using the correct
traps, and are not fishing for Dungeness crab out of season.
This bill would require that any undersized crabs caught, or any
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crabs caught out of season, be immediately returned to the
ocean. However, this bill could create an opportunity for abuse
if fishermen are allowed to have both kinds of traps on board at
the same time and pre-set the Dungeness crab traps prior to the
opening of the season, by claiming they are using them to fish
for rock crab. This problem may be corrected by an amendment
specifying that the provisions of this bill only apply during
the seasons when it is legal to fish for both species.
Background information provided by the author also references a
1993 municipal court order which found Section 9011(a)(3), which
this bill would repeal, unconstitutional. This is an
unpublished lower court opinion and so has no precedential
affect, but indicates the opinion of at least one court as to
the enforceability of that section.
Supporters assert that the changes proposed in this bill will
increase efficiency, reduce operating costs, and increase the
value of landings without placing additional pressures on the
resource.
REGISTERED SUPPORT / OPPOSITION :
Support
California Fisheries and Seafood Institute
City of Morro Bay
Lisa Wise Consulting, Inc.
Morro Bay Commerical Fishermen's Organization, Inc.
San Mateo County Harbor District
City of Monterey Harbor District
Port San Luis Harbor Districts
Opposition : None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096