California 2011-2012 Regular Session Status: Enacted

AB 2363 — Commercial fishing: Dungeness crab.

Last action — Chaptered by Secretary of State - Chapter 546, Statutes of 2012.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 24, 2012. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law authorizes the Director of the Department of Fish and Game 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 Those provisions become inoperative on April 1, 2019, and are repealed on January 1, 2020.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 would delete 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 would require that the sale revenues be deposited in an account managed and overseen by the Pacific States Marine Fisheries Commission. The bill would require the department, in consultation with specified entities, to develop suggested guidelines for the management of the funds from the sale, among other guidelines. (2) Existing law requires the director to adopt a program, as provided, for Dungeness crab trap limits for all California 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 would authorize any Dungeness crab permitholder to apply to the administrative law judge for a waiver of these appeal fees. The bill would authorize the administrative law judge to consider certain factors when making this determination, including medical hardship. This bill would require the department to decide an appeal to revise downward a trap tag allocation. (3) 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 6 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 2 years after the loss or damage of the original vessel. This bill would require 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 2 Dungeness crab seasons to translate the permit. The bill also would require the replacement vessel to be equivalent in size and capacity, as specified, to the vessel from which the permit is transferred. The bill would require specified proof of loss, theft, damage, mechanical breakdown, or destruction to be submitted for a vessel permit to be transferred. This bill would require 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. (4) 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 would authorize 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. (5) 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 3% of the average amount received by the fund during the previous 3-year period, or $3,000 annually, whichever is greater, as provided. This bill would instead define "reasonable cost" as an amount that does not exceed 15% of the average amount received by the fund during the previous 3-year period, or $10,000 annually, whichever is greater. (6) 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 would provide for these fees for each transfer of a permit. (7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (8) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 546, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 1. Page 6657.).

  5. Assembly Rule 77 suspended. (Page 6605.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 31 pursuant to Assembly Rule 77.

  7. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4947.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Ordered to third reading.

  13. Ordered to special consent calendar.

  14. Read second time. Ordered to third reading.

  15. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  17. In committee: Hearing postponed by committee.

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 12). Re-referred to Com. on APPR.

  19. Referred to Com. on N.R. & W.

  20. In Senate. Read first time. To Com. on RLS. for assignment.

  21. Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 1. Page 4981.)

  22. Read second time. Ordered to third reading.

  23. From committee: Do pass. (Ayes 17. Noes 0.) (May 16).

  24. Re-referred to Com. on APPR.

  25. Read second time and amended.

  26. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 1.) (April 24).

  27. Re-referred to Com. on W., P. & W.

  28. From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P. & W. Read second time and amended.

  29. Referred to Com. on W., P. & W.

  30. Read first time.

  31. From printer. May be heard in committee March 27.

  32. Introduced. To print.

Sponsors

  • Chesbro · Primary
  • Evans · Cosponsor
  • La Malfa · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 1 voted No

Sponsors (1)

  • Chesbro

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2363 CHESBRO Concurrence - Urgency Added

Passed 78 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 75101
Republican 2000
Democratic 1000
Total 78101
% of votes cast 98%1%0%1%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Not Voting
Hagman — Yea
Yamada — Yea
Feuer — Yea
Butler — Yea
Garrick — Yea
Halderman — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Huber — Yea
Atkins — Yea
Jeffries — Yea
Campos — Yea
Knight — Yea
Portantino — Yea
Logue — Yea
Miller — Yea
Carter — Yea
Allen — Yea
Alejo — Yea
Ammiano — Yea
Bradford — Yea
Chesbro — Yea
Cook — Yea
Donnelly — Yea
Pan — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Yea
Conway — Yea
Eng — Yea
Fuentes — Yea
Bonilla — Yea
Gatto — Yea
Fong — Yea
Fletcher — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Blumenfield — Yea
Huffman — Yea
Ma — Yea
Morrell — Yea
Norby — Yea
Smyth — Yea
Torres — Yea
Galgiani — Yea
Monning — Yea
Achadjian — Yea
Beall — Yea
Block — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Lara — Yea
Mansoor — Yea
Mendoza — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Solorio — Yea
Swanson — Yea
Wagner — Yea
Cedillo — Yea
Davis — Yea
Dickinson — Yea
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB2363 Chesbro By Evans Urgency Clause

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Republican 1000
Democratic 2000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Corbett — Yea
Fuller — Yea
Runner — Not Voting
Dutton — Yea
Harman — Yea
Anderson — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Lieu — Not Voting
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wolk — Not Voting
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Hernandez — Yea
Liu — Yea
Pavley — Not Voting
Price — Yea
Wyland — Not Voting
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 2363 CHESBRO Assembly Third Reading

Passed 69 Yea · 1 Nay · 10 Other
Party YeaNayPresentNot Voting
Republican 1001
Unaffiliated 67109
Democratic 1000
Total 691010
% of votes cast 86%1%0%13%
How each member voted (80)
Member Party Vote
Butler — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Yea
Gorell — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Fong — Yea
Carter — Yea
Allen — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Jeffries — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Ammiano — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Nestande — Yea
Olsen — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Wagner — Yea
Yamada — Yea
Bonilla — Yea
Gordon — Yea
Fletcher — Not Voting
Atkins — Not Voting
Campos — Yea
Halderman — Yea
Hall — Not Voting
Knight — Not Voting
Lara — Yea
Mendoza — Yea
Miller — Yea
Beall — Yea
Chesbro — Yea
Donnelly — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Perea — Not Voting
Silva — Not Voting
Solorio — Yea
Williams — Not Voting
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Logue — Yea
Ma — Not Voting
Mansoor — Yea
Pan — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Eng — Yea
Dickinson — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Gatto — Yea
Harkey — Yea
Hill — Yea
Mitchell — Yea
Campos — Yea
Davis — Yea
Donnelly — Yea
Norby — Yea
Blumenfield — Yea
Bradford — Yea
Lara — Yea
Nielsen — Yea
Solorio — Yea
Wagner — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 12 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11100
Republican 1000
Total 12100
% of votes cast 92%8%0%0%
How each member voted (13)
Member Party Vote
Halderman — Yea
Campos — Yea
Fong — Yea
Hueso — Yea
Huffman — Yea
Blumenfield — Yea
Lara — Yea
Williams — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Roger Hernández — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety environment labor agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2363 do?
(1) Existing law authorizes the Director of the Department of Fish and Game 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 would delete 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 would require that the sale revenues be deposited in an account managed and overseen by the Pacific States Marine Fisheries Commission. The bill would require the department, in consultation with specified entities, to develop suggested guidelines for the management of the funds from the sale, among other guidelines. (2) Existing law requires the director to adopt a program, as provided, for Dungeness crab trap limits for all California 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 would authorize any Dungeness crab permitholder to apply to the administrative law judge for a waiver of these appeal fees. The bill would authorize the administrative law judge to consider certain factors when making this determination, including medical hardship. This bill would require the department to decide an appeal to revise downward a trap tag allocation. (3) 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 6 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 2 years after the loss or damage of the original vessel. This bill would require 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 2 Dungeness crab seasons to translate the permit. The bill also would require the replacement vessel to be equivalent in size and capacity, as specified, to the vessel from which the permit is transferred. The bill would require specified proof of loss, theft, damage, mechanical breakdown, or destruction to be submitted for a vessel permit to be transferred. This bill would require 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. (4) 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 would authorize 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. (5) 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 3% of the average amount received by the fund during the previous 3-year period, or $3,000 annually, whichever is greater, as provided. This bill would instead define "reasonable cost" as an amount that does not exceed 15% of the average amount received by the fund during the previous 3-year period, or $10,000 annually, whichever is greater. (6) 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 would provide for these fees for each transfer of a permit. (7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (8) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 2363?
AB 2363 is sponsored by Chesbro, Evans, and La Malfa.
What is the current status of AB 2363?
This bill has been enacted into law. Introduced February 24, 2012. Enacted.
Where can I track AB 2363?
Track AB 2363 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 2363

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 2363

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →