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: August 27, 2010
AUTHOR: Wiggins URGENCY: No
VERSION: August 20, 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 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.
In 2008, the Legislature passed SB 1690 (Wiggins, c.727, Stats.
2008) which directed the Ocean Protection Council (OPC), upon
receipt of appropriate funding, to make a grant to develop and
administer a Dungeness Crab Task Force (DCTF). DCTF membership,
representative of varied fishery interests, was specified in the
bill. The DCTF 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 (DFG) and the Fish and Game Commission by
January 15, 2010. The DCTF was convened, held multiple meetings
and issued two reports - one to meet the deadline and the second
on March 31, 2010 - containing multiple management objectives
and recommendations. The proposed management objectives focus
primarily on reducing the threat of unsustainable expansion to
the commercial fishery. The recommendations describe specific
actions necessary to support these management objectives,
including, in particular, a pilot program to assess the value of
limiting the number of crab pots available to each permit holder
based upon previously reported catch. Both Washington and
Oregon have recently implemented similar "tiered" programs to
limit total crab pot deployment. The DCTF has continued to meet
in 2010 to discuss outstanding and unresolved issues, including
this bill. The current sunset date for SB 1690's provisions,
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including termination of the DCTF, is January 1, 2011.
PROPOSED LAW
This bill implements most of DCTF's recommendations in the two
reports. Specifically, this bill would:
Permit the sale of crabs taken under the pre-season
quality testing program
Extend the term of the DCTF to January 1, 2015.
Affirms that eligibility to participate in the
commercial crab fishery may be restricted for permits that
have been minimally used in the recent past or if DFG's
director (director) institutes a trap limit pilot program.
Establishes legislative intent that DFG, the OPC and the
DCTF work with the Pacific States Marine Fisheries
Commission and the Tri-State Dungeness Crab Commission to
evaluate, subject to specific provisions, moving the "fair
start" line for the fishery south to the California -
Mexico border.
This bill proposes a tiered crab pot pilot program. The pilot
program, subject to modification by the director, would:
Establish a seven tier trap limit program for California
permit holders based upon previous California landing
receipts. Permit holders with the highest receipts will be
eligible to purchase the most tags, and those with the
lowest receipts, the fewest tags. All tags must be
purchased by the permit holder and each trap must have a
trap tag.
Allow appeals on a permit-by-permit basis for trap tag
allocations due to hardship. All costs of the appeal are
the responsibility of the permit holder.
Impose penalties and fines for non-compliance
Last no longer than three years barring industry
consensus
Require DFG to report on the results of the pilot
program with the assistance of the OPC.
In order to implement, modify and/or eliminate the pilot
program, the director must consult with DCTF and can only
proceed if the director specifically finds that the proposals
represent the "consensus in the crab fishing industry." Should
the DCTF disagree with the director's findings, it can recommend
a delay of up to 18 months in the proposal's implementation.
The director shall delay implementation based upon DCTF's
recommendation, but can thereafter implement the program and/or
change. Both DCTF and the director have reporting requirements
to each other and also to the Legislature. Additionally, DCTF
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may periodically evaluate the program and recommend changes to
the director.
The funding of the pilot program is established as follows:
DFG shall seek additional funding for the costs of the
pilot program and/or charge no more than $2/tag annually or
$4/tag for a two-year period.
All fees collected under this program will be deposited
in the newly-established Dungeness Crab Account within the
Fish and Game Preservation Fund. The fees will be
continuously appropriated to DFG for the purposes of the
pilot program.
If necessary, the director may borrow funds for initial
expenses from the OPC which must be repaid within one year
from the fees collected.
The OPC will place a high priority on providing funds
and services to DFG to help develop and implement the pilot
program.
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 "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
Issues identified through the Dungeness crab task force process :
Three main concerns were raised that have the potential to
affect the sustainability of the California's Dungeness crab
fishery. The first two are the potential for long-term
over-fishing due to the overhang of rarely-used or "latent"
permits, and the increase of gear in the water. The DCTF
supports the use of a tiered pot program - a cap on gear - in
order to reduce capacity in the fishery. Currently any number
of pots can be used by any permit holder. Roughly one quarter
of the approximately 600 valid crab permits issued by California
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have very limited recorded California landings. A tiered pot
program will limit the risk these "latent" permits present to
the fishery. This bill implements DCTF's recommended tiered pot
program in many respects and provides for extensive
communication between DFG and the DCTF. The third concern
identified is the "derby dynamic" associated with enhanced
fishing in the beginning of the season as fisherman seek to
maximize their catch. The experience in Washington and Oregon
suggests that implementing a tiered pot program does not affect
the derby dynamic. This and other issues remain to be addressed
through the DCTF process. SB 1093 would, however, implement most
of the DCTF's current recommendations to promote a vibrant and
sustainable crab fishery.
Can trust be legislated? The elaborate negotiated communication
and review requirements detailed in this legislation suggest a
lack of trust exists between DFG and the crab fishing industry
as represented by the DCTF. Previous versions of this bill gave
DCTF effective veto power over the implementation of and/or
changes to the pilot program by DFG which is not legally
possible. The extreme level of detail regarding communication is
an attempt to keep the commercial crab industry involved and
engaged in the process of ensuring a sustainable fishery with
DFG.
The Dungeness crab quality testing program : A limited number of
crabs are caught prior to the start of the season under this
program in order to determine the season's appropriate start
date. If the collected crabs are too small - insufficient meat
is recovered - the start of the season is delayed. Historically
a seafood processor voluntarily paid for the expenses associated
with this pre-season program, but has recently reduced
contributions. Currently the crab from this program may be used
for charitable purposes only. Under this bill, fishermen
participating in this program would be able to sell as much of
their catch as necessary to cover their expenses.
"Fair start"provisions : These require fishermen to commit to
fishing in a specific location for a period of time prior to
leaving that location to fish in another area. In the case of a
delayed season opening in Oregon or California, for example,
fishermen with permits in both states must commit to fishing in
one zone only.
Inconsistent sunset dates: Sections 8275 - 8284 of the Fish and
Game Code contain the statutory requirements for California's
crab fishery. With the specific exception of the sub-section
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which created the DCTF, these sections become inoperative on
April 1, 2012. This bill extends the lifetime of the DCTF two
years beyond this repeal date.
Anticipated costs: According to Assembly Appropriations, there
will be an annual cost of $50,000 to DFG and another $50,000 to
the OPC to administratively support the DCTF. DFG will have at
least $150,000 in costs annually associated with setting up and
implementing the pilot program. DFG disagrees with this
estimate of expenses - they estimate costs on the order of
$650,000 annually plus any additional litigation costs.
Forecast receipts at $2/tag per year are estimated to be
approximately $350,000 annually.
SUPPORT
Environmental Defense Fund
Pacific Coast Federation of Fishermen's Associations
San Francisco Crab Boat Owners Association
OPPOSITION
None Received
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