BILL ANALYSIS
SB 1093
Page 1
SENATE THIRD READING
SB 1093 (Wiggins)
As Amended August 20, 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 to institute a three-year 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 in an
amount sufficient to discourage noncompliance. Requires that
the portion of monetary judgments for noncompliance that are
paid to DFG be deposited in the Dungeness Crab Account
established by this bill.
5)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 maximum fee of up to $2 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.
6)Prohibits the DFG director from changing the seven tiers of
Dungeness crab trap limits, the maximum $2 per tag per year
fee, or the length of the program, without the consensus of
the Dungeness crab industry. The DFG director may use, but is
not limited to, the record of the Dungeness crab task force as
evidence of consensus.
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)Requires DFG, with assistance from the OPC, to report on the
results of the pilot program if funding is available.
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9)Requires DFG, if it decides to implement a pilot program, to
submit the proposed pilot program to the Dungeness crab task
force for a 60 day review prior to implementation. Authorizes
DFG to implement the pilot program after the task force has
reviewed it, if DFG determines the program represents a
consensus view of the crab fishing industry.
10)Authorizes the Dungeness crab task force, if it disagrees
with DFG's finding of consensus to recommend a delay in
implementation of the pilot program for up to 18 months if the
recommendation is approved by a vote of at least 15 of the
non-ex officio members of the task force. Requires DFG to
delay implementation in accordance with the task force
recommendation, and authorizes DFG after the delay to
implement the program.
11)Requires the same process to be followed as described in 10)
above to modify or eliminate the pilot program. DFG may
modify or eliminate the pilot program after consultation with
the task force and after the task force has 60 days to review
the proposed pilot program, if DFG finds the proposed changes
represent the consensus of the crab fishing industry. The
task force, if it disagrees, may request a delay in
implementation of the modifications for up to 18 months.
12)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
evaluate moving the fair start line south to the border of
California and Mexico, as specified.
13)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 and enforce the
pilot program. Authorizes DFG to borrow money as needed for
start-up costs of the program from the OPC, to be repaid with
interest within one year from collection of the fees or other
funding sources. Requires OPC to give high priority to
assisting DFG in development of the pilot program.
14)Allows Dungeness crab authorized to be taken for quality
testing to be sold after the opening of the Dungeness crab
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season in Districts 6, 7, 8 and 9, 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 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,
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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 before
the pilot program is implemented or modified DFG shall seek the
consensus of the crab fishing industry and give the Dungeness
crab task force an opportunity to review the proposed program or
any changes. This bill specifies that evidence of consensus in
the crab fishing industry includes, but is not limited to, the
voting record of the Dungeness crab task force. After review,
if the task force disagrees with DFG's finding of consensus, the
task force could recommend a delay in implementation.
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. The trap tag fee would be
limited to no more than $2 per trap tag per year.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0006522