BILL ANALYSIS                                                                                                                                                                                                    





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2009-2010 Regular Session                    |
          |                                                                 |
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          BILL NO: SB 1093                   HEARING DATE: April 13, 2010   

          AUTHOR: Wiggins                    URGENCY: No  
          VERSION: April 5, 2010             CONSULTANT: Katharine Moore  
          DUAL REFERRAL: No                  FISCAL: Yes  
          SUBJECT: Ocean Protection Council: Dungeness Crab task force.  
          
          BACKGROUND AND EXISTING LAW
          The California Dungeness crab fishery is a valuable state  
          resource - approximately $24 million of crab are landed annually  
          - and is one of the most profitable fisheries remaining in the  
          state.    However, the optimal long-term management strategy for  
          the fishery is a contentious issue due to the competing  
          interests of the multiple stakeholders.   

          In 2008, the Legislature passed SB 1690 (Wiggins, c.727, Stats.  
          2008) which directed the Ocean Protection Council, upon receipt  
          of appropriate funding, to make a grant to develop and  
          administer a Dungeness Crab Task Force (task force). Task force  
          membership, representative of varied fishery interests, was  
          specified in the bill. The task force was required to address  
          certain issues of concern to the Dungeness crab fishery and to  
          report its recommendations for management of the fishery to the  
          legislature, the Department of Fish and Game and the Fish and  
          Game Commission by January 15, 2010. The current sunset date for  
          the bill's provisions, including termination of the task force,  
          is January 1, 2011.
           
          PROPOSED LAW
          This bill extends the sunset date for SB 1690 from January 1,  
          2011 to January 1, 2015.

          ARGUMENTS IN SUPPORT
          According to the author, the arguments expressed originally for  
          SB 1690 two years ago remain true: "Given the complexity of the  
          fishery and its management structure, a comprehensive approach  
          to effective management reform requires attention to the  
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          short-term and longer-term institutions and process. An advisory  
          committee to work with the Department of Fish and Game, and the  
          Ocean Protection Council, on recommendations to address problems  
          in commercial crab fishing has garnered a fragile compromise."

          The task force has made considerable progress, but specifically  
          recognizes that much remains to be done, particularly with  
          regard to the proposed pilot program.  The task force "agrees  
          that while not perfect, the task force has provided a platform  
          for the industry to collaborate, and work with regulators and  
          decision-makers on Dungeness crab fishery management issues."  

          ARGUMENTS IN OPPOSITION
          None received.
          


          COMMENTS 
           Task force actions since the passage of SB 1690:  The task force  
          was convened and held four multi-day meetings during 2009. The  
          task force issued a report containing four recommendations to  
          meet the January 15, 2010 deadline. They subsequently issued a  
          second report on March 31, 2010 with five management objectives  
          and 19 additional recommendations voted upon during a February  
          2010 meeting. In part, the second report expanded upon concepts  
          presented and issues raised in the first report. The proposed  
          management objectives focus primarily on reducing the threat of  
          unsustainable expansion to the commercial fishery. The  
          recommendations include:

                 a proposed pilot statewide program - to be implemented  
               by statute - of tiered crab pot limits (permit holders with  
               the largest catch would receive the most pots) in order to  
               assess the utility of this approach to fishery management,
                 various statements by the task force regarding aspects  
               of the fishery, and 
                 an extension of the task force's lifetime to January 1,  
               2014 to permit their continued work beyond the original  
               sunset date of January 1, 2011, among other issues.

          The task force acknowledges that several issues remain to be  
          resolved, particularly with respect to the design and  
          implementation of the proposed pilot program of tiered crab pot  
          limits.
           
          Appropriate extension time period:   The task force specifically  
          asked for a three, not four, year extension to the sunset date  
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          (March 31, 2010 report, Recommendation 17). [see amendment 1]
           
          Other issues  :  The task force plans to continue meeting in the  
          near term to discuss unresolved issues, including further  
          details of the tiered crab pot limit pilot program. If the task  
          force resolves additional issues this year, this bill may  
          subsequently be substantively amended to incorporate these  
          elements. The committee will want to review these amendments  
          should they occur.  

          SUGGESTED AMENDMENTS 

               AMENDMENT 1  
               On page 3, line 27 and page 3, line 39 and page 4, line 1:
               Replace "2015" with "2014"

          SUPPORT
          None Received

          OPPOSITION
          None Received


























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