BILL NUMBER: AB 1254	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Tom Berryhill

                        FEBRUARY 27, 2009

    An act to amend Section 3051 of the Fish and Game Code,
relating to hunting.   An act to amend Sections 206,
1354, 1528, 2003, and 2016 of, and to repeal Section 2017 of, the
Fish and Game Code, relating t   o fish and wildlife. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1254, as amended, Tom Berryhill.  Hunter education
courses: minimum hours.   Fish and Game Commission:
hunting and fishing.  
   The California Constitution creates the Fish and Game Commission.
Existing law establishes the commission in the Natural Resources
Agency to perform specified functions. Existing law requires the
commission to hold no fewer than 10 regular meetings per year, with
no more than 2 regular meetings to be held in Sacramento per year.
 
   This bill would require the commission to hold no fewer than 8
meetings per year, if the commission has adequate funding for related
travel, including funding for department travel. It would also
require no more than 3, rather than 2, regular meetings to be held in
Sacramento per year.  
   The Wildlife Conservation Law of 1947 requires the Wildlife
Conservation Board to review and approve the acquisition of property
and property rights for the Department of Fish and Game. The law
specifically authorizes the board to authorize the acquisition of
lands or rights in land as may be necessary for the purpose of
furnishing public access to lands or waters open to the public for
fishing, hunting, and shooting, and to authorize that acquisition by
the department.  
   This bill would also authorize the board to authorize the
acquisition of lands or rights in land as it may to be necessary for
the purpose of providing fishing and hunting opportunities for the
public.  
   Existing law states that multiple recreational use of wildlife
management areas is desirable and requires the commission to
encourage that use.  
   This bill would specify that the traditional use of hunting and
fishing is particularly desirable.  
   Existing law, with specific exceptions, makes it unlawful to offer
any prize or other inducement as a reward for the taking of any game
birds, mammals, fish, reptiles, or amphibians in an individual
contest, tournament, or derby. Under one exception, the department
may issue a permit to any person authorizing that person to offer a
prize or other inducement as a reward for the taking of any game
fish.  
   This bill would authorize the department to issue a permit to any
person or nonprofit organization authorizing the permittee to offer a
prize or other inducement as a reward for the taking of any game
species. The bill would prohibit basing the prize or inducement on
the total number of birds or mammals taken.  
   Existing law makes it unlawful to enter specified lands owned or
occupied by another for the purpose of taking or destroying any bird
or mammal, where signs forbidding trespass are displayed at specified
intervals, without written consent. Those specified lands include
lands temporarily inundated by waters flowing outside the established
banks of a waterway.  
   This bill would modify that inundated lands provision to include
only lands temporarily inundated by nonnavigable waters flowing
outside the established banks of a waterway. Existing law makes it
unlawful to take any mammal or bird or to discharge any firearm upon
any land where "PRIVATE PROPERTY NO HUNTING" signs are displayed as
prescribed. The bill would delete this provision.  
   Existing law requires the Department of Fish and Game to provide a
course of instruction in hunter education, principles of
conservation, and sportsmanship. Existing law authorizes the
department, for that purpose, to cooperate with any reputable
association or organization having as one of its objectives the
promotion of hunter safety, principles of conservation, and
sportsmanship.  
   This bill would require that course to consist of a minimum of 16
hours of instruction. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 206 of the   Fish and
Game Code   is amended to read: 
   206.  (a) The commission shall hold no fewer than  ten
  eight  regular meetings per calendar year  ,
if the commission has adequate funding for related travel, including
funding for department travel  . The commission may also hold
special meetings or hearings to receive additional input from the
department and the public.
   (b) The commission shall announce the dates and locations of
meetings for the year by January 1st of that year, or 60 days prior
to the first meeting, whichever comes first. Meeting locations shall
be accessible to the public and located throughout the state, with no
more than  two   three  regular meetings
to be held in Sacramento per year. To the extent feasible, meetings
shall be held in state facilities. In setting the dates and locations
for regular meetings, the commission shall also consider the
following factors:
   (1) Recommendations of the department.
   (2) Opening and closing dates of fishing and hunting seasons.
   (3) The schedules of other state and federal regulatory agencies
whose regulations affect the management of fish and wildlife of this
state.
   (c) The commission shall cause the notice of the schedule for
regular meetings, and notice of any change in the date and location
of a meeting, to be disseminated to the public in a manner that will
result in broad dissemination, including, but not limited to,
electronic distribution, mailings to interested parties, and
publication in local newspapers of affected communities.
   SEC. 2.    Section 1354 of the   Fish and
Game Code   is amended to read: 
   1354.  The board may authorize the acquisition of  such
 lands  ,  or rights in land  , including, but
not limited to, easements on private land,  as  may
  it determines to  be necessary  for the
purpose of pr   oviding fishing and hunting opportunities
for the public,   or  for the purpose of furnishing
public access to lands or waters open to the public for fishing,
hunting  ,  and shooting. The board may authorize 
such   that  acquisition by the department.
   SEC. 3.    Section 1528 of the   Fish and
Game Code   is amended to read: 
   1528.   Lands   The department shall operate
land  , or lands and water, acquired for public shooting
grounds, state marine (estuarine) recreational management areas, or
wildlife management areas  shall be operated  on a
nonprofit basis  by the department  . Multiple
recreational use of wildlife management areas  , particularly the
traditional use of hunting and fishing,  is desirable and 
the commission shall encourage  that use  shall be
encouraged by the commission  . Except for hunting and
fishing purposes, only minimum facilities to permit other forms of
multiple recreational use, such as camping, picnicking, boating, or
swimming, shall be provided. Except as provided in Section 1765, and
to defray the costs associated with multiple use, the commission may
determine and fix the amount of, and the department shall collect,
fees for any use privileges. However, tours by organized youth and
school groups are exempt from the payment of those fees. Only persons
holding valid hunting licenses may apply for or obtain shooting
permits for public shooting grounds, state marine (estuarine)
recreational management areas, or wildlife management areas.
   SEC. 4.    Section 2003 of the   Fish and
Game Code   is amended to read: 
   2003.  (a) Except as specified in subdivisions (b), (c), and (d),
it is unlawful to offer any prize or other inducement as a reward for
the taking of any game birds, mammals, fish, reptiles, or amphibians
in an individual contest, tournament, or derby.
   (b) The department may issue a permit to any person  or
nonprofit organization  authorizing that person  or
nonprofit organization  to offer a prize or other inducement as
a reward for the taking of any game  fish  
species  , as defined by the commission by regulation, if
 it   the department  finds that there
would be no detriment to the resource.  A prize or other
inducement as a reward for the taking of game birds or mammals shall
not be based on the total number of birds or mammals taken.  The
permit is subject to regulations adopted by the commission. The
application for the permit shall be accompanied by a fee in the
amount determined by the department as necessary to cover the
reasonable administrative costs incurred by the department in issuing
the permit. However, the department may waive the permit fee if the
contest, tournament, or derby is for persons under the age of 16
years, or who are physically or mentally challenged, the primary
purpose of the contest, tournament, or derby is to introduce young
 anglers   people  to, or educate them
about  ,  fishing  or hunting  . All permits for
which the fee is waived pursuant to this subdivision shall comply
with all other requirements set forth in this section.
   (c) This section does not apply to any person conducting what are
generally known as frog-jumping contests or fish contests conducted
in waters of the Pacific Ocean.
   (d) This section does not apply to any person conducting an
individual contest, tournament, or derby for the taking of game birds
and mammals, if the total value of all prizes or other inducements
is less than five hundred dollars ($500) for the individual contest,
tournament, or derby.
   SEC. 5.    Section 2016 of the   Fish and
Game Code   is amended to read: 
   2016.  It is unlawful to enter any lands under cultivation or
enclosed by a fence, belonging to, or occupied by, another, or to
enter any uncultivated or unenclosed lands, including lands
temporarily inundated by  nonnavigable  waters flowing
outside the established banks of a river, stream, slough, or other
waterway, where signs forbidding trespass are displayed at intervals
not less than three to the mile along all exterior boundaries and at
all roads and trails entering  such   those
 lands, for the purpose of discharging any firearm or taking or
destroying any mammal or bird, including any waterfowl, on 
such   those  lands without having first obtained
written permission from the owner of  such  
those lands, or his  or her  agent, or the person in
lawful possession  thereof. Such   of those
lands. The  signs may be of any size and wording  ,
other than the wording required for signs under Section 2017, which
  that  will fairly advise persons about to enter
the land that the use of  such   the  land
is  so  restricted.
   SEC. 6.    Section 2017 of the   Fish and
Game Code   is repealed.  
   2017.  It is unlawful to take any mammal or bird or to discharge
any firearm upon any land (whether fenced, cultivated, or not) where
signs, at least 81/2 inches by 11 inches in size and reading:
"PRIVATE PROPERTY NO HUNTING" are displayed at intervals not less
than three to the mile along all exterior boundaries and at all roads
and trails entering the land.
   This section applies to all persons, including the owner or the
person in lawful possession of the land, and any person obtaining
permission, written or oral, from the owner or the person in lawful
possession of the land, so long as the signs remain posted on the
land.
   Nothing in this section prohibits the owner or his or her agent
from taking nonprotected mammals or birds on the land. 

  SECTION 1.    Section 3051 of the Fish and Game
Code is amended to read:
   3051.  (a) The department shall provide for a course of
instruction in hunter education, principles of conservation, and
sportsmanship, and for this purpose may cooperate with any reputable
association or organization having as one of its objectives the
promotion of hunter safety, principles of conservation, and
sportsmanship. The hunter education course shall consist of a minimum
of 16 hours of instruction.
   (b) The department may designate as a hunter education instructor
any person found by it to be competent to give instruction in the
courses required in this article. A person so appointed shall give
that course of instruction, and, upon completion thereof, shall issue
to the person instructed a certificate of completion as provided by
the department in hunter safety, principles of conservation, and
sportsmanship.
   (c) The department shall prescribe a minimum level of skill and
knowledge to be required of all hunter education instructors, and may
limit the number of students per instructor in all required classes.

   (d) The department may revoke the certificate of any instructor
when, in the opinion of the department, it is in the best interest of
the state to do so.