BILL ANALYSIS
SB 1093
Page 1
Date of Hearing: June 29, 2010
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
SB 1093 (Wiggins) - As Amended: June 21, 2010
SENATE VOTE : 21-11
SUBJECT : Dungeness Crab
SUMMARY : Extends the sunset on the Dungeness crab task force,
and authorizes the Department of Fish and Game (DFG) to
institute a pilot program for Dungeness crab trap limits.
Specifically, this bill :
1)Extends the sunset date on the Dungeness Crab task force from
January 1, 2011, to January 1, 2014.
2)Authorizes DFG, if 2/3rds of the non ex officio members of the
Dungeness crab task force concur, to institute a pilot
program, for a period of up to 2 years, for Dungeness crab
trap limits that contains seven tiers of Dungeness crab trap
limits based on the level of vessel landings between November
15, 2003 and July 15, 2008. The trap limits would range from
450 traps for vessels with the highest landings, to 175 traps
for vessels with the lowest landings.
3)Requires DFG to either obtain new funding to cover the costs
of the pilot program from the Ocean Protection Council (OPC)
or other sources, or collect a fee for each trap tag issued
that covers the pro-rata share of the costs of the pilot
program. Requires that the costs shall include but not be
limited to informing permit holders, collecting the fees,
acquiring and sending trap tags to permit holders, and
monitoring.
4)Requires the Dungeness crab task force to choose members from
the task force to form a hardship subcommittee to consider
revising upward any trap tag allocation based on evidence
presented by the permit holder that his or her landings were
reduced due to unusual circumstances and that these
circumstances constitute an unfair hardship.
5)Prohibits DFG from expending more time or funds on the
enforcement of the pilot program than is normally accorded to
SB 1093
Page 2
the crab fishery, unless new funding is made available
specifically for enforcement of the pilot program.
6)Requires DFG, with assistance from the OPC, to monitor the
results of the pilot program if funding is available.
7)Requires DFG, prior to implementing the pilot program, to seek
the concurrence of the Dungeness crab task force. Prohibits
the pilot program from being implemented unless at least
2/3rds of the non ex officio members of the Dungeness crab
task force vote in favor of the program. A 2/3rds vote of the
Dungeness crab task force would also be required for any
modification, addition to or elimination of the pilot program.
8)Establishes the Dungeness Crab Account in the Fish and Game
Preservation Fund (FGPF) and requires that any fees collected
to implement the pilot program shall be deposited in that
account. Provides that the monies in the Account are
continuously appropriated to DFG to administer the pilot
program. Authorizes DFG to borrow money as needed for
start-up costs of the program from the General Fund, to be
repaid with interest within one year from collection of the
fees or other funding sources.
EXISTING LAW :
1)Creates the Dungeness crab task force, funded with a grant
from the OPC, and consisting of members representing Dungeness
crab fishermen and others. Requires the task force to review
and make recommendations to the Legislature on Dungeness crab
management and related objectives. Provides that the
Dungeness crab task force shall remain in effect only until
January 1, 2011.
2)Regulates the commercial Dungeness crab fishery by, among
other things, restricting the size of crabs that may be
harvested, restricting the number and type of vessels,
limiting the season, and regulating the type of gear used to
take crab.
3)Sets the crab season in Districts 6, 7, 8, and 9, for
Mendocino County north to extend from December 1 through July
15, and for all other districts south of Mendocino County from
November 15 through June 30.
SB 1093
Page 3
FISCAL EFFECT : Unknown
COMMENTS : SB 1690 (Wiggins), Chapter 727, Statutes of 2008,
directed the OPC to establish and facilitate a Dungeness crab
taskforce to make recommendations to the Legislature on
Dungeness crab management. The taskforce was created, met
several times during 2009, and submitted two reports with
recommendations to the Legislature, one report on January 15,
2010, and a second report on March 31, 2010, which included 19
different recommendations. This bill implements two of the
recommendations of the taskforce - to implement a 2-year pilot
program with tiered pot limits, based on the level of landings
over a 5 year period, and continue the advisory taskforce in
place for three more years.
The author of this bill notes that while the Dungeness crab
fishery is a valuable state resource, and one of the most
profitable fisheries remaining in the state, the optimal
long-term management strategy for the fishery is a contentious
issue due to the competing interests of the multiple
stakeholders. The task force has made considerable progress,
but recognizes that more work remains to be done, thus the
proposal to extend the sunset date on the task force for three
more years.
With regard to the specific pilot program proposed in this bill,
the March 2010 task force report indicates that 18 of the
members of the task force supported the recommendation as the
best choice of the options available, 1 member indicated they
accepted the proposal, and 2 members opposed. The report notes
that a number of issues still need to be resolved before the
pilot program can be implemented. For instance, there is a
question as to whether California must consider landings made by
fishermen in adjoining states when establishing allocation
criteria. A similar recommendation in the report proposed to
create a 2 year tiered pilot program, but give the task force
final approval over the program and program details. That
recommendation was approved without opposition. This bill
adopts the tiered pilot program, as recommended in the task
force report, but also provides that the pilot program will not
be implemented unless 2/3rds of the members of the task force
concur. This bill further provides that the pilot program shall
not be modified, eliminated or added to without the concurrence
of at least 2/3rds of the task force.
SB 1093
Page 4
Finally, to fund the pilot program, this bill provides that DFG
shall either obtain new funding for the pilot program from the
OPC or other funding sources, or shall collect a trap tag fee
from permit holders to fund the program.
One of the main concerns in the Dungeness crab fishery has been
the derby dynamic or "race to fish" which often results in the
total allowable catch for the season being reached early in the
season in District 10, where the season opens on November 15th,
two weeks before the season opens north of District 10,
resulting in an effort shift to the Bay Area market before the
season opens further north. Several options for addressing this
problem were discussed in the task force, but further work
remains to be done. The task force report, in recommending
extension of the sunset on the task force, acknowledges the need
for further work on various topics, including recommendations on
fishery management approaches to address issues associated with
effort shift.
In 1996, the Tri-state Dungeness Crab process was established
through an MOU between the Pacific States Fisheries Management
Commission, and Washington, Oregon and California, to facilitate
communication and cooperation between the states in managing
their Dungeness crab fisheries. Through the Tri-state committee
the three states have had the ability to discuss and align
management of Dungeness crab in their respective states
including coordinating fair-start clauses. Fair start
provisions require fishermen to commit to fishing only in a
specific location for a period of time prior to being able to
leave that region to fish in another area. The report submitted
by the task force to the Legislature notes that tiered trap
limit programs instituted in Washington and Oregon did not
resolve the derby dynamic, though they may have had other
benefits. In addition to recommending the trap limit pilot
program and extension of the sunset, the task force also voted
to recommend that the task force work with the Tri-State
Commission to move the fair-start line, which is currently at
the northern edge of District 10, south to the California/Mexico
Border. That recommendation is not included in this bill at
this time, though it was approved by the task force. A change
to the Tri-State line would require coordination between
California, Oregon and Washington states. The committee and
author may wish to consider an amendment stating legislative
intent that the task force and department work with the
Commission to move the fair-start line, as recommended by the
SB 1093
Page 5
task force.
REGISTERED SUPPORT / OPPOSITION :
Support
Pacific Coast Federation of Fishermen's Associations
Opposition
Department of Finance
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096