BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 1093
Author: Wiggins (D)
Amended: 8/20/10
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 5-3, 4/13/10
AYES: Pavley, Kehoe, Lowenthal, Simitian, Wolk
NOES: Cogdill, Hollingsworth, Huff
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE : 6-2, 5/10/10
AYES: Kehoe, Alquist, Leno, Price, Wolk, Yee
NOES: Cox, Wyland
NO VOTE RECORDED: Corbett, Denham, Walters
SENATE FLOOR : 21-11, 6/1/10
AYES: Alquist, Calderon, Cedillo, Corbett, Correa,
DeSaulnier, Ducheny, Florez, Hancock, Kehoe, Leno, Liu,
Lowenthal, Negrete McLeod, Pavley, Price, Simitian,
Steinberg, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Cogdill, Cox, Denham, Dutton,
Hollingsworth, Huff, Runner, Strickland, Wyland
NO VOTE RECORDED: Harman, Oropeza, Padilla, Romero,
Walters, Wiggins, Vacancy, Vacancy
ASSEMBLY FLOOR : 49-26, 8/23/10 - See last page for vote
SUBJECT : Ocean Protection Council: Dungeness crab task
force
SOURCE : Author
CONTINUED
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DIGEST : This bill 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.
Assembly Amendments requires DFG to get consensus on the
regulations and define consensus as adherence to the Task
Force's recommendations. If consensus is not reached,
there is an 18-month delay in starting the program. The
delay gives the Director the ability to use some other
evidence of consensus than the Task Force's votes, i.e.
polling or anecdotal evidence. The amendments state that
if the Director goes ahead against the Task Force's
recommendations, then the Task Force also has time to get
the Legislature to intervene within the 18 months.
ANALYSIS : 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 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 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.
This bill:
1. Extends the sunset date on the Dungeness crab task force
from January 1, 2011, to January 1, 2015.
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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
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,
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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.
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
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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 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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
1.Annual costs through 2013-14 to DFG of approximately
$50,000 to provide administrative support to the
continued operation of the task force.
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
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exceeding $150,000, to develop regulations, procure crab
trap tags, and publicize pilot program requirement to
crab fishermen, should DFG implement the pilot program.
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.
SUPPORT : (Verified 8/24/10)
Environmental Defense Fund
Pacific Coast Federation of Fishermen's Associations
San Francisco Crab Boat Owners Association
ARGUMENTS IN SUPPORT : According to the author's office,
"Given the complexity of the fishery and its management
structure, a comprehensive approach to effective management
reform requires attention to the 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."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Bass, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Coto, Davis, De La Torre, De Leon, Eng,
Feuer, Fong, Fuentes, Galgiani, Gatto, Hall, Hayashi,
Hernandez, Hill, Huber, Huffman, Jones, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, V. Manuel Perez,
Portantino, Ruskin, Salas, Saldana, Skinner, Solorio,
Swanson, Torlakson, Torres, Torrico, Villines, Yamada,
John A. Perez
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NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Conway, Cook, DeVore, Fletcher, Fuller, Gaines, Garrick,
Gilmore, Hagman, Harkey, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Nielsen, Norby, Silva, Smyth, Audra
Strickland, Tran
NO VOTE RECORDED: Chesbro, Evans, Furutani, Vacancy,
Vacancy
CTW:nl 8/24/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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