BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2363
                                                                  Page  1

          Date of Hearing:   May 16, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2363 (Chesbro) - As Amended:  April 30, 2012 

          Policy Committee:                              Water, Parks and 
          Wildlife     Vote:                            12-1

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill makes changes to requirements concerning transfer of 
          commercial fishing vessel permits and the collection of crab 
          traps.  Specifically, this bill:

          1)Adds sibling, domestic partner, and heir to the list of 
            individuals to whom the Department of Fish and Game (DFG) must 
            transfer a limited entry commercial fishing vessel permit upon 
            the death of a limited entry permittee, and removes the 
            requirement in current law that the permittee's death be 
            accidental.

          2)Further restricts the transfer of a Dungeness crab vessel 
            permit, so that such a transfer may be made only from a vessel 
            that has had Dungeness crab landings of not less than 5,000 
            pounds cumulative for the past two years, and to a vessel of 
            equivalent size and capacity of the vessel from which the 
            permit is transferred.

          3)Authorizes, until April 1, 2019, a person operating outside of 
            crab season and holding a commercial fishing license to  
            retrieve and bring to shore any Dungeness crab trap or traps 
            belonging to any person, where a trap or traps were lost, 
            abandoned, or are otherwise present in ocean waters, and 
            requires DFG to adopt regulations to permit this activity.

           FISCAL EFFECT  

          Minor costs in the tens of thousands of dollars to DFG to 
          develop and adopt regulations (special fund.)

           COMMENTS  







                                                                  AB 2363
                                                                  Page  2


           1)Rationale  .  The author describes this bill as an attempt to 
            ease unreasonable restrictions on transfer of a vessel permit 
            following the death of a permittee, to ensure the transfer of 
            vessel permits is not abused, and to allow the retrieval of 
            abandoned or lost crab traps.

           2)Background.   DFG regulates California commercial fishing.  As 
            part of this regulation, DFG issues a fixed number of limited 
            entry commercial fishing permits that may be transferred or 
            sold by a permittee, under certain restrictions. Existing law 
            allows transfer of a limited commercial fishing vessel permit, 
            upon accidental death of a permittee, to a parent, spouse, 
            child or sibling.  Generally, DFG regulations do not allow the 
            collection of crab traps out of season or for which the person 
            collecting the traps lacks a permit.
           
          Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081