BILL ANALYSIS
SB 1093
Page 1
SENATE THIRD READING
SB 1093 (Wiggins)
As Amended August 2, 2010
Majority vote
SENATE VOTE :21-11
WATER, PARKS & WILDLIFE 9-4 APPROPRIATIONS 12-5
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|Ayes:|Huffman, Arambula, |Ayes:|Fuentes, Bradford, |
| |Blumenfield, Caballero, | |Huffman, Coto, Davis, De |
| |De La Torre, Gatto, | |Leon, Gatto, Hall, |
| |Bonnie Lowenthal, Salas, | |Skinner, Solorio, |
| |Yamada | |Torlakson, Torrico |
| | | | |
|-----+-------------------------+-----+---------------------------|
|Nays:|Fuller, Anderson, Tom |Nays:|Conway, Harkey, Miller, |
| |Berryhill, Fletcher | |Nielsen, Norby |
| | | | |
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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, 2015.
2)Removes the sunset on authorization for DFG to place
restrictions, including but not limited to trap limits, on the
eligibility of persons to take Dungeness crab in state waters
and offshore for commercial purposes if any of the following
occurs:
a) The person holds a California Dungeness crab permit
with California landings of less than 5,000 pounds between
November 15, 2003 and July 15, 2008;
b) The person purchased a California Dungeness crab
permit on or after July 15, 2008 from a permit holder whose
California landings were less than 5,000 pounds between
November 15, 2003 and July 15, 2008; or,
c) The DFG director institutes a pilot program for
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Dungeness crab trap limits as authorized by this bill.
3)Authorizes DFG, if 2/3rds of the non ex officio members of the
Dungeness crab task force concur, to institute a pilot program
for Dungeness crab trap limits that contains seven tiers of
Dungeness crab trap limits based on the level of California
landings between November 15, 2003 and July 15, 2008. The trap
limits would range from 500 traps for permits with the highest
landings, to 175 traps for permits with the lowest landings. A
Dungeness crab trap that is fished would be required to contain
a trap tag fastened to the first buoy.
4)Requires the DFG director to impose penalties and fines for
noncompliance with the requirements of the pilot program.
5)Prohibits the DFG director from instituting a pilot program for
longer than three years, unless authorized by a 2/3rds vote of
the non ex officio members of the Dungeness crab task force.
6)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.
7)Authorizes an individual to appeal a trap tag allocation to the
DFG director on a permit by permit basis, based on evidence the
permit holder's California landings were reduced as a result of
unusual circumstances constituting an unfair hardship. Requires
the DFG director to initiate the appeal process within 12 months
of receiving an appeal request, and requires the appeal to be
heard and decided by an administrative law judge.
8)Provides that DFG is not required to expend more time or funds
on the enforcement of the pilot program than is normally
accorded to the crab fishery, unless new funding is made
available specifically for enforcement of the pilot program.
9)Requires DFG, with assistance from the OPC, to report on the
results of the pilot program if funding is available.
10)Requires DFG, prior to implementing the pilot program, to seek
the concurrence of the Dungeness crab task force. Prohibits the
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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.
11)States legislative intent that DFG, OPC and the Dungeness crab
task force work with the Pacific States Marine Fisheries
Commission and the Tri-state Dungeness Crab Commission to move
the fair start line south to the border of California and
Mexico. Defines the fair start line as the boundary line of a
specific region fishing vessels are required to commit to
fishing for a period of time prior to being able to leave that
region to go fish another area.
12)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.
13)Allows Dungeness crab authorized to be taken for quality
testing to be sold provided the proceeds of the sale are
allocated to costs of the testing program or used for charitable
purposes.
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
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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.
FISCAL EFFECT :
1)Annual costs through 2013-14 to DFG of approximately $50,000 to
provide administrative support to the continued operation of the
task force (FGPF).
2)Annual costs through 2013-14 to the OPC of as much as $50,000 to
provide administrative support to the task force (Environmental
License Plate Fund).
3)Potential annual costs through 2013-14 to DFG, possibly
exceeding $150,000, to develop regulations, procure crab trap
tags, and publicize pilot program requirement to crab fishermen,
should DFG implement the pilot program (FGPF).
4)Annual revenue through 2013-14 to DFG from trap tag fee, OPC, or
other source, roughly equivalent to DFG's costs to implement the
pilot program.
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. This bill implements two of the recommendations
of the taskforce, to implement a pilot program with tiered pot
limits, based on the level of landings over a five-year period,
and continue the advisory taskforce in place until 2015.
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, which is the reason this bill proposes to
extend the sunset date on the task force for four more years.
This bill authorizes DFG to implement a tiered pilot program, as
recommended in the task force report, and provides that the pilot
program will not be implemented unless two-thirds of the members
of the task force concur. This bill further provides that the
pilot program shall not be modified, eliminated, added to or
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extended for more than three years without the concurrence of at
least two-thirds of the task force.
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.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0005987