Dungeness crab: pilot program.

(1) Existing law establishes the Ocean Protection Council and requires the council to, among other things, coordinate activities of state agencies that are related to the protection and conservation of coastal waters and ocean ecosystems to improve the effectiveness of state efforts to protect ocean resources within existing fiscal limitations. Existing law requires the council to make a grant, upon appropriation of funding by the Legislature, for the development and administration of a Dungeness crab task force, and specifies the membership of the task force. Existing law requires the task force to cease to exist on January 1, 2011. This bill would extend that date to January 1, 2015. (2) Existing law establishes the Dungeness crab seasons for commercial purposes. Existing law authorizes the Director of Fish and Game to authorize one or more operators of commercial fishing vessels to take and land a limited number of Dungeness crab in November of each year for the purpose of quality testing according to a testing program and prohibits the sale of crab taken pursuant to the testing program, except for edible crab meat, which may be used for charitable purposes. This bill would instead allow the crab taken pursuant to the testing program to be sold after the opening of the Dungeness crab season in specified districts, provided the proceeds of the sale are allocated to legitimate costs of the testing program, or used for charitable purposes. (3) Existing law, until January 1, 2011, authorizes the placement of restrictions on a person's eligibility to take crab in state waters and offshore for commercial purposes. This bill would delete the sunset date for this authority, and would authorize the director, in consultation with the task force, to develop a pilot program for Dungeness crab trap limits for all California permits. The bill would require the pilot program to contain specified requirements 2 3 of the non ex officio members of the Dungeness crab task force voting in favor"?>, unless the director makes a specified finding. The bill would require the director to submit the proposed program to the task force for review and recommendations before implementing the program. The bill would authorize the director to implement the program, except as specified, if the director makes a prescribed finding. The bill would require the director to submit a report that includes the finding and the provisions of the final program to the task force and to certain legislative committees. The bill would authorize the task force to recommend the delay of the implementation of the program by up to 18 months, under prescribed circumstances. The bill would establish a corresponding procedure for modifications to the implemented program. (4) Existing law requires all money collected under the Fish and Game Code, or under any other law relating to the protection and preservation of birds, mammals, fish, reptiles, or amphibians, to be deposited into the Fish and Game Preservation Fund, unless otherwise provided. The bill would require trap tag fees collected pursuant to the pilot program to be deposited in the Dungeness Crab Account of the Fish and Game Preservation Fund, created by this bill, and moneys in the account would be continuously appropriated to the department for purposes of administering the pilot program. The bill would authorize the department to borrow money from the council for purposes of meeting the necessary expenses of initial organization and operation of the pilot program.