BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2363|
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THIRD READING
Bill No: AB 2363
Author: Chesbro (D), et al.
Amended: 8/24/12 in Senate
Vote: 27 - Urgency
SENATE NATURAL RESOURCES AND WATER COMM. : 9-0, 6/12/12
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 69-1, 5/25/12 - See last page for vote
SUBJECT : Commercial Fishing: Dungeness crab
SOURCE : Pacific Coast Federation of Fishermens
Associations
DIGEST : This bill modifies the Fish and Game Commissions
authority to approve bottom trawling in state waters, and
makes changes to the vessel permits provisions of law.
Senate Floor Amendments of 8/24/12 repeals the section of
bill about the transfer of limited entry fishing permits,
adds specifications that Dungeness crab landings for
purposes of permitting must have been made in California,
adds more details on the type of vessels that qualify for
permit transfers, and requires the Department of Fish and
Game (DFG) to develop regulations for the retrieval of lost
or abandoned crab traps. There are also some
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non-substantive technical and clean-up language changes.
Specifically, these amendments remove changes the bill made
to the ability of limited entry permits to be transferred
upon the death of the permit holder. The clarifying
changes about the type of vessel that qualifies for permit
transfers in the Dungeness crab fishery should make it more
difficult for this practice to be abused by larger vessels,
as has happened in the past. The final substantive change
requires DFG, in collaboration with the California
Dungeness Crab Task Force (CDCTF), to develop regulations
for the retrieval of lost or abandoned crab traps. Earlier
the bill listed specific dates when lost or abandoned crab
traps could be retrieved. Requiring DFG and the CDCTF to
make these regulations will ensure the primary stakeholders
are involved in the development of the regulations. The
remaining amendments are technical and make no substantive
changes.
Senate Floor Amendments of 8/7/12 were technical.
ANALYSIS : Existing law authorizes the Director of DFG to
authorize one or more operators of commercial fishing
vessels to take and land a limited number of Dungeness crab
for the purpose of quality testing, as provided. Existing
law prohibits the department from approving a testing
program unless it is funded by the entity authorized to
conduct the testing program and prohibits the sale of the
crab taken for testing. Those provisions become
inoperative on April 1, 2019, and are repealed on January
1, 2020.
This bill deletes the above prohibitions, and, instead,
would specifically authorize the sale of tested crab meat
and the use of sale revenues for purposes of managing the
testing program. The bill requires that the sale revenues
be deposited in an account managed and overseen by the
Pacific States Marine Fisheries Commission. The bill
requires the department, in consultation with specified
entities, to develop suggested guidelines for the
management of the funds from the sale, among other
guidelines.
Existing law requires the Director to adopt a program, as
provided, for Dungeness crab trap limits for all California
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permits, that includes 7 tiers of Dungeness crab trap
limits based on all California landings receipts under
California permits, as specified. Existing law authorizes
an individual to submit an appeal of a trap tag allocation
by March 31, 2014, as provided. Existing law requires the
individual requesting the appeal to pay all expenses,
including a nonrefundable filing fee, as determined by the
department, to pay for the department's reasonable costs
associated with the appeal that is heard and decided by an
administrative law judge. Those provisions become
inoperative on April 1, 2019, and are repealed on January
1, 2020.
This bill authorizes any Dungeness crab permitholder to
apply to the administrative law judge for a waiver of these
appeal fees. The bill authorizes the administrative law
judge to consider certain factors when making this
determination, including medical hardship. This bill
requires the department to decide an appeal to revise
downward a trap tag allocation.
Existing law regulating the Dungeness crab fishery permits
the owner of a vessel to whom a Dungeness crab vessel
permit has been issued, upon the written approval of the
department, to temporarily transfer the permit to another
replacement vessel for which use in the Dungeness crab
fishery is not permitted, for a period of not more than six
months during the current permit year, under specified
circumstances. Existing law also permits the transfer of a
permit to another vessel in the event of loss or
destruction of a permitted vessel, within two years after
the loss or damage of the original vessel.
This bill requires the owner of a vessel to whom a
Dungeness crab vessel permit has been issued to have had
California Dungeness crab landings made with trap gear
documented on department landing receipts and to have had
California Dungeness crab landings of not less than 5,000
pounds cumulative for the past two Dungeness crab seasons
to translate the permit. The bill also requires the
replacement vessel to be equivalent in size and capacity,
as specified, to the vessel from which the permit is
transferred. The bill requires specified proof of loss,
theft, damage, mechanical breakdown, or destruction to be
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submitted for a vessel permit to be transferred. This bill
requires a vessel owner to sign an application for transfer
and certify that the information included is true to the
best of his or her information and belief. By expanding
the definition of the crime of perjury, this bill would
impose a state-mandated local program.
Existing law regulating commercial fishing traps makes it
unlawful, except as specified, to willfully or recklessly
disturb, move, or damage any trap that belongs to another
person and that is marked with a buoy identification
number. This bill authorizes the department, in
consultation with the Dungeness Crab Task Force, to develop
regulations as necessary to provide for the retrieval of
lost or abandoned commercial crab traps. Those provisions
would become inoperative on April 1, 2019, and would be
repealed on January 1, 2020.
Existing law authorizes expenditures from the fish and
wildlife propagation fund of any county to be made for
specified purposes, including for reasonable administrative
costs, as provided. Existing law defines "reasonable cost"
as an amount that does not exceed three percent of the
average amount received by the fund during the previous
three-year period, or $3,000 annually, whichever is
greater, as provided.
This bill defines "reasonable cost" as an amount that does
not exceed 15% of the average amount received by the fund
during the previous three-year period, or $10,000 annually,
whichever is greater.
Existing law requires the department to charge a specified
fee for each Dungeness crab vessel permit and for certain
transfers of permits for the reasonable regulatory costs of
the department.
This bill provides for these fees for each transfer of a
permit.
Background
Dungeness crab fishery . Dungeness crab Cancer magister was
first taken commercially in California off the coast of San
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Francisco around 1848. Since that time, the Dungeness crab
fishery has expanded to cover ocean waters between San Luis
Obispo County and the California-Oregon border. The
Dungeness crab fishery has also become one of California's
most valuable fisheries, bringing in an average of $30.4
million every year. Almost all of California's commercial
Dungeness crab is captured in traps. Management of the
commercial Dungeness crab fishery is by the Legislature,
instead of the Fish and Game Commission who manages most of
the other commercial fisheries. In 1992, in response to
population declines, the Legislature started a restricted
access program by requiring anyone landing Dungeness crab
for commercial purposes to have an annual permit. In 1994,
the program was reviewed and it was determined it was
necessary to limit the number of vessels to protect the
fishery. According to the 2012 California Legislative
Fisheries Forum Report, there are currently less than 600
commercial Dungeness crab permits, although only about 395
of those are active. There is concern that an increase in
the use of the inactive permits could cause over-fishing
and worsen over-crowding on fishing grounds.
In 2008, the Legislature designated a Dungeness Crab Task
Force to review and evaluate Dungeness crab fishery
management measures, including a new trap limits program
for California permits, and provide its recommendations to
the Joint Committee on Fisheries and Aquaculture, DFG, and
the Fish and Game Commission. Membership of the Task Force
includes sport and commercial fishing interests, and
nonvoting members from DFG, non-governmental organizations,
and SeaGrant.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/27/12)
Pacific Coast Federation of Fishermen's Associations
(source)
Oceana
ASSEMBLY FLOOR : 69-1, 5/25/12
AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Block,
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Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fong, Fuentes, Furutani, Galgiani, Garrick, Gatto,
Gordon, Gorell, Hagman, Halderman, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Lara, Logue, Bonnie Lowenthal, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, V. Manuel P�rez, Portantino, Skinner, Smyth,
Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski,
Yamada, John A. P�rez
NOES: Beth Gaines
NO VOTE RECORDED: Atkins, Bill Berryhill, Fletcher, Grove,
Hall, Knight, Ma, Perea, Silva, Williams
CTW:DLW:n 8/27/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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