BILL NUMBER: AB 1423 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 14, 2009
AMENDED IN SENATE JUNE 30, 2009
AMENDED IN ASSEMBLY MAY 5, 2009
AMENDED IN ASSEMBLY APRIL 15, 2009
INTRODUCED BY Assembly Member Tom Berryhill
FEBRUARY 27, 2009
An act to amend Sections 1571, 1572, 1573, 1574, 2009, 3240.5, and
12000 of, and to repeal and add Sections 3241 and 3242 of, the Fish
and Game Code, relating to fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
AB 1423, as amended, Tom Berryhill. Commercial hunting clubs:
Shared Habitat Alliance for Recreational Enhancement program:
interference with hunting.
(1) Existing law establishes the Department of Fish and Game in
the Natural Resources Agency. Existing law authorizes the department
to regulate commercial hunting clubs. Existing law requires a person
in possession or control of property who imposes or collects a fee
for the privilege of taking birds or mammals on that property, or who
imposes or collects a fee for any type of entry or use permit that
includes the privilege of taking birds or mammals on that property,
to obtain a commercial hunting club license from the department, as
prescribed. Existing law requires that license to be issued to any
person upon submission of a completed application on a form approved
by the Fish and Game Commission and the payment of a fee, as
specified. Existing law exempts from those provisions any hunting
club or program licensed under other provisions of the Fish and Game
Code and any person who receives less than $50 per entrant to the
club and an annual total of fees that is less than $500.
This bill would recast those provisions to establish a number of
exemptions from the requirement to obtain a commercial hunting club
license, including an exemption where the property is used in
conjunction with the Shared Habitat Alliance for Recreational
Enhancement (SHARE) program. The bill would require an application
for a commercial hunting club license to be on a form furnished by
the department. The bill would require the application to contain
prescribed information. The bill would authorize the department to
issue a license to any person upon submission of a completed
application and payment of a fee, in accordance with a fee schedule
based on the number of properties used by the club.
(2) Existing law requires the Department of Fish and Game to
establish th the SHARE program to
encourage private landowners to voluntarily make their land available
to the public for wildlife-dependent recreational activities,
which is as defined to mean
hunting, fishing, wildlife observation, conservation education, and
related outdoor activities . Existing law establishes the
SHARE Account in the Fish and Game Preservation Fund to be used for
the program.
This bill, among other changes, would require the department to
adopt regulations for the management and control of
wildlife-dependent recreational activities on land that is subject to
the program, to report to the Fish and Game Commission annually on
the status of the program, and to maintain data on the types of
wildlife-dependent recreational activities preferred by users of the
program. The department would be authorized to establish and impose
user fees, use existing hunting and fishing license stamp or tag fees
from the Fish and Game Preservation Fund, or apply for grants,
federal funds, or other contributions from other sources. Money
generated pursuant to this authorization, except as otherwise
provided, would be deposited into the SHARE Account and would, upon
appropriation by the Legislature, be available for expenditure by the
department to fund the program.
(3) Existing law prohibits a person from willfully interfering
with the participation of any individual in the lawful activity of
shooting, hunting, fishing, falconry, or trapping at the location
where that activity is taking place.
This bill would include in that list of actions field trials and
related hunting dog training. The bill would authorize a violation of
the prohibition above to be enforced as either an infraction or a
misdemeanor, and would make a 2nd violation within 2 years of a prior
violation punishable as a misdemeanor. By creating a new crime, this
bill would impose a state-mandated local program.
(4) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1571 of the Fish and Game Code is amended to
read:
1571. For purposes of this article, the following definitions
apply:
(a) "Agreement" includes, but is not limited to, a contract,
license, easement, memorandum of understanding, or lease.
(b) "Partnership" means a collaborative effort involving financial
or in-kind contributions by nongovernmental organizations, the
department, and other interested parties working in concert to
achieve the goals of the program.
(c) "Private landowner" means an owner of any possessory interest
in real property that is suitable for use for wildlife-dependent
recreational activities.
(d) "Program" means the SHARE program established under this
article.
(e) "Wildlife-dependent recreational activities" means hunting,
fishing, wildlife observation, conservation education, and related
outdoor activities through means that are consistent with
applicable law .
SEC. 2. Section 1572 of the Fish and Game Code is amended to read:
1572. (a) There is hereby established the Shared Habitat Alliance
for Recreational Enhancement (SHARE) program. The department, in
partnership with nonprofit conservation groups and other interested
nongovernmental organizations that seek to increase and enhance
wildlife-dependent recreational opportunities, shall work
cooperatively to implement the program in order to facilitate public
access to private lands for wildlife-dependent recreational
activities.
(b) The department shall adopt regulations for the management and
control of wildlife-dependent recreational activities on land that is
subject to the program. The department shall report to the
commission annually on the status of the program and maintain data on
the types of wildlife-dependent recreational activities preferred by
users of the program.
(c) (1) The SHARE Account is hereby established in the Fish and
Game Preservation Fund. Money deposited in the account from the
sources cited in this subdivision shall only be used for the purposes
set forth in this article.
(2) Consistent with existing law, the department may establish and
impose user fees, use existing hunting and fishing license stamp or
tag fees from the Fish and Game Preservation Fund, or apply for
grants, federal funds, or other contributions from other sources to
fund the program. General Fund moneys shall not be used for the
program.
(3) All funding generated pursuant to paragraph (2) from grants,
federal funds, or other sources, where the person or entity providing
the funds specifically designates in writing prior to the time of
transmittal of the funds to the department that the funds are
intended solely for the purposes of the program, and any user fees
assessed by the department specifically for the program, shall be
deposited in the SHARE Account in the Fish and Game Preservation
Fund. The moneys in the account, upon appropriation by the
Legislature, shall be available for expenditure by the department
solely for programs and projects to benefit the program and for the
direct costs and administrative overhead incurred solely in carrying
out the department's program activities. Funds may also be used for
wildlife conservation purposes on lands subject to an agreement under
the program. Administrative overhead shall be limited to the
reasonable costs associated with the direct administration of the
program. The department shall maintain internal accountability
necessary to ensure that all restrictions on the expenditure of these
funds are met.
(d) The department may make grants or enter into agreements with
nonprofit organizations for the use of these funds when it finds that
the agreements are necessary for carrying out the purposes of this
article.
(e) The program is not subject to Part 2 (commencing with Section
10100) of Division 2 of the Public Contract Code, or Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code. With the approval of the entity in
control of property affected by the program, the department may make
grants to, or enter into agreements with, nonprofit organizations to
accomplish the goals of the program, or the department may reimburse
the controlling entity for its costs related to the implementation of
the program.
SEC. 3. Section 1573 of the Fish and Game Code is amended to read:
1573. (a) (1) The department may enter into a voluntary agreement
with a private landowner, including an agreement under which the
private landowner is compensated by the department for public use of
the land, to provide public access for wildlife-dependent
recreational activities. Any financial compensation offered to a
private landowner pursuant to this paragraph shall not exceed thirty
dollars ($30) per acre, or fifty dollars ($50) per public participant
per day, and shall be commensurate with the quality of the
wildlife-dependent recreational opportunities that are to be provided
on the property.
(2) The department also may enter into a voluntary agreement with
a private landowner to facilitate access to adjacent public lands or
waters, upon approval of the governmental entity that holds title to
the land. This article does not authorize a private landowner to
exclude persons not participating in the SHARE program from using
public land for wildlife-dependent recreational activities.
(3) The department may enter into a voluntary agreement with a
governmental entity to provide wildlife-dependent recreational
opportunities to the public on public lands or waters.
(b) Notwithstanding any other provision of law, the department
shall keep confidential and not release to the public any personal
identifying information received from a private landowner
participating in the program, unless the director determines that
release of that information is necessary for the administration of
the program.
(c) Either the department or a private landowner may, in writing,
modify or cancel an agreement executed under the program, at any
time. Upon cancellation or modification of the agreement by either
party, the other party shall be reimbursed for any lost revenues or
expenses incurred pursuant to the terms of the original agreement.
(d) In addition to any other protection or remedy under law, the
protections and remedies afforded to an owner of an estate or any
other interest in real property under Section 846 of the Civil Code
shall apply to a private landowner participating in the program.
(e) The department shall require every person who wants to use
land that is subject to an agreement pursuant to subdivision (a),
prior to using that land, to sign a waiver that releases the
department or any private group, governmental entity, or other
organization involved in administering the program, and the private
landowner, from liability for any injury or damage that arises from,
or is connected with that person's use of the land. Upon request, the
department shall provide a copy of the waiver to any of the parties
to the waiver.
(f) An agreement executed pursuant to the program shall not
authorize the take of nongame species by public participants in the
program. An agreement may not authorize a private landowner to
transfer a hunting or fishing license, stamp, or tag to another
person, unless otherwise authorized by law.
(g) In determining which lands may be included in the program, the
department shall give priority to those lands with the greatest
wildlife habitat value. To the extent possible, the department shall
also include in the program private lands that permit multiple
wildlife-dependent recreational activities, in order to take into
consideration the participation of the general public in the program.
SEC. 4. Section 1574 of the Fish and Game Code is amended to read:
1574. (a) The department may revoke, for up to three years, the
public access privilege granted pursuant to this article, of any
person who violates any provision of this code or regulation adopted
pursuant to this code while on any property that is subject to an
agreement under the program.
(b) The department shall enforce all applicable regulations
established by the commission or the department on property that is
subject to an agreement executed under the program.
SEC. 5. Section 2009 of the Fish and Game Code is amended to read:
2009. (a) A person shall not willfully interfere with the
participation of any individual in the lawful activity of shooting,
hunting, fishing, falconry, field trials and related hunting dog
training, or trapping at the location where that activity is taking
place.
(b) A violation of this section is punishable pursuant to Section
12000.
(c) Any person convicted for a violation of this section that
occurred within two years of a prior violation of this section which
resulted in a conviction is guilty of a misdemeanor, punishable by
imprisonment in the county jail for a period of not more than one
year, by a fine of not less than one hundred dollars ($100) and not
to exceed one thousand dollars ($1,000), or by both imprisonment and
fine.
(d) This section does not apply to the actions of any peace
officer or personnel of the department in the performance of their
official duties. This section does not obstruct the rights and normal
activities of landowners or tenants, including, but not limited to,
farming, ranching, and limiting unlawful trespass.
(e) In order to be liable for a violation of this section, the
person is required to have had the specific intent to interfere with
the participation of an individual who was engaged in lawful
shooting, hunting, fishing, falconry, field trials and related
hunting dog training, or trapping.
(f) For purposes of this section, "interfere with" means any
action which physically impedes, hinders, or obstructs the lawful
pursuit of any of the above-mentioned activities, including, but not
limited to, all of the following:
(1) Actions taken for the purpose of frightening away animals from
the location where the lawful activity is taking place.
(2) Placing or maintaining signs, gates, locks, or barricades that
prohibit or deny access to lands without authorization from the
landowner or lessee or an authorized designee of the landowner or
lessee.
(3) Placing food on lands not belonging to the person placing the
food for purposes of eliminating the lawful ability to hunt due to
the presence of bait, as defined in this code or regulations adopted
pursuant to this code.
SEC. 6. Section 3240.5 of the Fish and Game Code is amended to
read:
3240.5. (a) As used in this article, "property" means a number of
contiguous legal parcels held by an owner or a combination of owners
and held out for a common purpose.
(b) A person, including, but not limited to, a renter or lessee,
in possession or control of property on or with respect to which a
fee for the privilege of taking birds or mammals is imposed or
collected, or on or with respect to which a fee for any type of entry
or use permit that includes the privilege of taking birds or mammals
on the property is imposed or collected, is maintaining a commercial
hunting club if birds or mammals are taken on the property, and
shall procure a "commercial hunting club license" before birds or
mammals are taken.
(c) This article does not apply if the property meets any of the
following conditions:
(1) The landowner, or the renter or lessee, of the property
receives less than one hundred dollars ($100) per entrant and
receives less than a total of one thousand dollars ($1,000) between
July 1 and the following June 30 for permission, entry access, or use
fees that include the privilege of hunting on the property in his or
her possession or control. The department may adjust the threshold
amounts established in this paragraph pursuant to Section 713.
(2) The property is used by a hunting club or program licensed
under regulations adopted pursuant to this code.
(3) The property is used for an officially sanctioned field dog
trial event pursuant to regulations adopted pursuant to this code.
(4) The property is used in conjunction with the Shared Habitat
Alliance for Recreational Enhancement (SHARE) program under Article 3
(commencing with Section 1570) of Chapter 5 of Division 2.
(5) A domesticated game bird hunting club licensed under Article 3
(commencing with Section 3270) operates on the property.
(6) A domesticated migratory game bird shooting area licensed
under Article 4 (commencing with Section 3300) operates on the
property.
(7) The property is used in conjunction with the private wildlife
habitat enhancement and management program under Article 5
(commencing with Section 3400).
(8) The property is subject to a recorded state, federal, or
nonprofit wildlife conservation or agricultural easement or any
property enrolled in a habitat protection or enhancement program
under this code, including, but not limited to, Article 7 (commencing
with Section 3460).
(d) This article does not apply to a landowner who rents or leases
his or her property to the commercial hunting club and is not
involved in the operation of the club, if the club is licensed in
accordance with this article.
SEC. 7. Section 3241 of the Fish and Game Code is repealed.
SEC. 8. Section 3241 is added to the Fish and Game Code, to read:
3241. (a) An application for a commercial hunting club license
shall be submitted on a form furnished by the department. The
application, which shall set forth all of the exemptions and
conditions established in Section 3240.5, shall require the applicant
to include all of the following information:
(1) The name of the club and the ownership.
(2) The business telephone number and mailing address of the club.
(3) The number of properties used by the club and the physical
location of each property.
(4) The total acreage of the club property.
(5) A list of all species of game hunted on the club property.
(6) Information as to whether the club owner owns any of the
properties used by the club.
(7) The name and address of each property owner, if the property
owner is substantially involved in the operation of the club, but
does not own the club.
(8) The signature and title of the applicant.
(9) Any other information the department may require.
(b) The department shall allow a commercial hunting club that
leases or rents more than one property for hunting purposes to submit
a single application listing each of the properties for which the
club is seeking a license, if all of the information required for
each property is submitted in a format approved by the department.
SEC. 9. Section 3242 of the Fish and Game Code is repealed.
SEC. 10. Section 3242 is added to the Fish and Game Code, to read:
3242. (a) The department may issue a commercial hunting club
license to any person upon submission of a completed application and
payment of the required fee, according to the number of properties
used by the club, as follows:
(1) The fee for one property shall be two hundred dollars ($200).
(2) The fee for two to five properties shall be five hundred
dollars ($500).
(3) The fee for six to 10 properties shall be one thousand dollars
($1,000).
(4) The fee for 11 or more properties shall be two thousand
dollars ($2,000).
(b) The fees specified in this section are applicable to the 2010
license year, and shall be adjusted annually thereafter pursuant to
Section 713.
SEC. 11. Section 12000 of the Fish and Game Code is amended to
read:
12000. (a) Except as expressly provided otherwise in this code,
any violation of this code, or of any rule, regulation, or order made
or adopted under this code, is a misdemeanor.
(b) Notwithstanding subdivision (a), any person who violates any
of the following statutes or regulations is guilty of an infraction
punishable by a fine of not less than one hundred dollars ($100) and
not to exceed one thousand dollars ($1,000), or of a misdemeanor:
(1) Section 2009.
(2) Subdivision (a) of Section 6596.
(3) Section 7149.8.
(4) Section 7360.
(5) Sections 1.14, 1.17, 1.18, 1.62, 1.63, and 1.74 of Title 14 of
the California Code of Regulations.
(6) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive,
of Title 14 of the California Code of Regulations.
(7) Sections 27.56 to 30.10, inclusive, of Title 14 of the
California Code of Regulations.
(8) Sections 40 to 43, inclusive, of Title 14 of the California
Code of Regulations.
(9) Sections 307, 308, and 311 to 313, inclusive, of Title 14 of
the California Code of Regulations.
(10) Sections 505, 507 to 510, inclusive, and 550 to 553,
inclusive, of Title 14 of the California Code of Regulations.
(11) Sections 630 to 630.5, inclusive, of Title 14 of the
California Code of Regulations.
SEC. 12. 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.