BILL NUMBER: AB 2162	CHAPTERED  09/30/08

	CHAPTER  637
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 11, 2008
	PASSED THE ASSEMBLY  AUGUST 12, 2008
	AMENDED IN SENATE  AUGUST 5, 2008
	AMENDED IN ASSEMBLY  APRIL 8, 2008
	AMENDED IN ASSEMBLY  MARCH 25, 2008

INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 20, 2008

   An act to amend Sections 7362 and 7363 of the Fish and Game Code,
relating to fish.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2162, Mullin. Bay-Delta Sport Fishing.
   (1) Existing law, until January 1, 2009, prohibits a person from
sport fishing in the tidal waters of the San Francisco Bay Delta and
the main stem of the Sacramento and San Joaquin Rivers, including
major tributaries, below the most downstream dam, unless he or she
first obtains a Bay-Delta Sport Fishing Enhancement Stamp or
validation and affixes that stamp or validation to a valid sport
fishing license. Existing law requires the funds generated by the
imposition of these fees to be deposited in a separate account in the
Fish and Game Preservation Fund, to be used solely for the long
term, sustainable benefit of the primary Bay-Delta sport fisheries,
as specified.
   This bill would extend these provisions to January 1, 2010.
Because a violation of these provisions is a misdemeanor under
existing law, the bill would impose a state-mandated local program by
extending a crime that otherwise would be repealed.
   (2) Existing law establishes a Bay-Delta Sport Fishing Enhancement
Stamp Fund Advisory Committee and requires the Department of Fish
and Game to submit to the advisory committee, at least annually, an
accounting of funds derived from the Bay-Delta Sport Fishing
Enhancement Stamps and validations.
   This bill, instead, would require the department to submit, at
least annually, and on or before January 10 of each year, that
accounting of funds to the advisory committee, and to the Chief Clerk
of the Assembly and the Secretary of the Senate for distribution to
the fiscal and policy committees of the Legislature.
   (3) 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7362 of the Fish and Game Code is amended to
read:
   7362.  (a) The director shall appoint a Bay-Delta Sport Fishing
Enhancement Stamp Fund Advisory Committee, consisting of nine
members. The committee members shall be selected from names of
persons submitted by anglers and associations representing Bay-Delta
anglers of this state and shall serve at the discretion of the
director for terms of not more than four years. The director shall
appoint persons to the committee who possess experience in subjects
with specific value to the committee and shall attempt to balance the
perspective of different anglers.
   (b) The advisory committee shall recommend to the department
projects and budgets for the expenditure of revenue received pursuant
to Section 7360. The department shall give full consideration to the
committee's recommendations.
   (c) The department shall submit to the advisory committee and the
Chief Clerk of the Assembly and the Secretary of the Senate for
distribution to the appropriate fiscal and policy committees of the
Legislature, at least annually, on or before January 10 of each year,
an accounting of funds derived from the Bay-Delta Sport Fishing
Enhancement Stamps and validations, including the number of stamps
and validations sold, funds generated and expended, and the status of
programs funded pursuant to this article. In addition, the
department shall report, at least annually, to the committee on the
status of projects undertaken with funds from that stamp or
validation, including reporting the department's reasoning in cases
where committee recommendations are not followed.
  SEC. 2.  Section 7363 of the Fish and Game Code is amended to read:

   7363.  This article shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2010, deletes or extends that
date.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.