BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 825|
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THIRD READING
Bill No: AB 825
Author: Blakeslee (R)
Amended: 7/7/09 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 11-0, 6/23/09
AYES: Pavley, Cogdill, Benoit, Hollingsworth, Huff, Kehoe,
Leno, Padilla, Simitian, Wiggins, Wolk
SENATE APPROPRIATIONS COMMITTEE : 11-0, 7/6/09
AYES: Kehoe, Cox, Corbett, Hancock, Leno, Price, Runner,
Walters, Wolk, Wyland, Yee
NO VOTE RECORDED: Denham, Oropeza
ASSEMBLY FLOOR : 76-0, 5/28/09 - See last page for vote
SUBJECT : Crab traps
SOURCE : Author
DIGEST : This bill allows the incidental take of rock
crab with Dungeness crab traps, and vice versa, provided
that the crab taken incidentally is taken in season and in
compliance with all other applicable law and regulations,
and repeals the prohibition on possession of both species
aboard the same vessel at the same time.
ANALYSIS :
Existing law:
CONTINUED
AB 825
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1. 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.
2. 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, and permit requirements. Rock
crab can be taken at any time, whereas Dungeness crab is
subject to seasonal restrictions.
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, during the season when both species
may lawfully be taken.
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.
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5. States that on or before January 1, 2013, the Department
of Fish and Game shall report to the appropriate policy
and fiscal committees of the Legislature the impacts, if
any, of the changes made to this section by the
enactment of this bill. The report shall include
information about citations issued pursuant to this
section relating to both rock crab and Dungeness crab
for the years 2010 to 2012, inclusive.
Background
Section 9011 (a) (3) of the Fish and Game Code requires
that rock crabs that are taken with a Dungeness crab trap
and any Dungeness crab taken with a rock crab trap are to
be immediately returned to the waters from which it was
taken. That provision also 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. Other provisions of the Fish and
Game Code establish seasons for Dungeness crab and impose
restrictions based on size and sex and the features and
size of crab traps. Rock crabs may be taken year-round.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Fish and Game enforcement $50 $100 $100
Special*
*Fish and Game Preservation Fund
SUPPORT : (Verified 7/7/09)
California Fisheries and Seafood Institute
City of Monterey, Harbor/Marina Division
City of Morro Bay
Morro Bay Commercial Fishermen's Organization
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Port San Luis Harbor District
San Mateo County Harbor District
ARGUMENTS IN SUPPORT : According to the author's office,
this proposed change allows the fishing community in areas
where Dungeness crab are less plentiful (mainly the central
coast) to be able to retain legal crabs of either variety
that are caught incidentally in any crab trap. Other
supporters have indicated that the bill will help fishermen
whose commercial operations have suffered economic losses
in recent years.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nava, Niello,
Nielsen, John A. Perez, V. Manuel Perez, Portantino,
Price, Ruskin, Salas, Saldana, Silva, Skinner, Smyth,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Duvall, Evans, Mendoza, Nestande
CTW:do 7/8/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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