BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
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BILL NO: AB 1786 HEARING DATE: June 12, 2012
AUTHOR: Mansoor URGENCY: No
VERSION: April 26, 2012 CONSULTANT: Alena Pribyl
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Sport fishing: licenses.
BACKGROUND AND EXISTING LAW
In general, a sport fishing license is required to take fish,
mollusks, crustaceans, invertebrates, amphibians or reptiles in
inland or ocean waters. Additional validations and report cards
are required for certain species and areas. Sport fishing
licenses are acquired through the Department of Fish and Game
(DFG).
Existing law requires that upon payment of a fee, a resident or
nonresident aged 16 years and older will be issued a sport
fishing license for the current calendar year. If the license
is issued after the beginning of the calendar year, the license
is only valid for the remainder of the current calendar year.
This means a license purchased in January costs the same as a
license purchased in October, yet both will expire at the same
time, on December 31st.
Existing law also requires the purchase of the following
validations for certain areas and circumstances, which are only
good for a calendar year:
1) An Ocean Enhancement validation is required for all persons
taking fish in ocean waters south of Point Arguello (Santa
Barbara County). The Ocean Enhancement validation is not
required when fishing under the authority of a one or two-day
sport fishing license.
2) A Second Rod validation is required for all persons taking
fish with two rods or lines in inland waters, except for waters
in which only artificial lures or barbless hooks may be used.
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3) A Colorado River validation is required for all persons
taking fish from a boat or other floating device on the Colorado
River or adjacent waters forming the California-Arizona border.
ALDS system
In 2009, DFG began initiating a process to phase out its current
paper-based fishing and hunting licensing system with an
automated system called the Automated License Data System
(ALDS). This new system will shift all licensing to a
computerized system and make licenses available for purchase
online or over the telephone, 24 hours a day. DFG is currently
in "phase two" of implementing the ALDS; this means the system
is up and running, but DFG is still working the bugs out of it
and putting in additional features. DFG estimates they should
be finished with phase two by early 2014, although they
acknowledge that sometimes these projects take longer than
estimated to complete.
PROPOSED LAW
This bill would require that on or after July 1, 2014, upon
payment of a fee, a sport fishing license shall be issued to a
resident or nonresident, 16 years of age and older, for a period
of 12 consecutive months.
ARGUMENTS IN SUPPORT
The author states "This measure is an attempt to address the
current inflexible system of purchasing fishing licenses. AB
1786 is a simple bill that caters to the needs of California's
sport fishing community."
ARGUMENTS IN OPPOSITION
None received
COMMENTS
Related legislation
AB 2402: This bill would require DFG, by January 1, 2015, to
modify its Automated License Data System to include information
on all violations of the Fish and Game code and regulations. The
bill would also require the department, by January 1, 2015, to
modify electronic field equipment utilized by fish and game
wardens to be modified to give fish and game wardens access to
Automated License Data System information in the field.
SB 752: This bill would require that a person to whom a license,
permit, reservation, tag, or other entitlement is issued
pursuant to the Automated License Data System have the
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opportunity at the time of issuance to voluntarily authorize the
release of contact information to nonprofit conservation
organizations, as defined, through means of a checkoff box, or
through other means the department determines to be appropriate.
SB 1107: This bill would require DFG, if it determines that a
nonprofit conservation organization meets specified eligibility
requirements and submits a prescribed letter annually, to
include the nonprofit conservation organization's logo in a
space with a link to the organization's Internet Web site on the
Automated License Data System for a time period agreed upon by
the department and the organization.
SB 1249: This bill, starting January 1, 2015, would require the
purchase of an entry permit through the Automated License Data
System or other means, as specified, for access to
department-managed lands for uses other than hunting and
fishing, except as provided.
SB 1287: This bill requires DFG to issue reduced fee sport
fishing licenses to active military personnel who are recovering
service members.
ALDS timeline
According to DFG, the ALDS should be ready by early 2014, but
there is concern this date may be pushed back. Several other
bills requiring changes to the ALDS are currently in the
legislature, and if all should pass, DFG may need more time to
update the ALDS to accommodate the new mandates. The committee
suggests pushing the effective date back an additional six
months to January 1, 2015, to give DFG extra time to update the
ALDS, and to be consistent with the ALDS implementation dates in
related ALDS legislation.
Keeping Track
For certain areas and circumstances, report cards and/or
validations are required in addition to a sport fishing license.
Report cards are issued for the calendar year and it will be the
responsibility of individual anglers to ensure that report cards
remain up to date. Report cards are necessary for the collection
of scientific data and need to have a consistent period of data
collection (i.e.: the calendar year). Validations are affixed
permanently onto a sport fishing license, but it is not
specified in statute if validations must be for a calendar year.
According to DFG, they should have the authority to make
fishing validations consistent with the duration of a sport
fishing license, thus if this bill is passed, both sport fishing
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licenses and validations will be valid for 12 consecutive
months.
SUGGESTED AMENDMENTS
Changes to make language consistent across Sections 7149 and
7149.05 and to push back the implementation date by six months.
AMENDMENT 1
Section 7149
Delete page 2, lines 6-12, replace with:
"(1) (A) Until January 1, 2015, a resident, 16 years of age
or older, for a calendar year, or, if issued after the
beginning of the year, for the remainder thereof, upon
payment of a base fee of thirty-one dollars and twenty-five
cents ($31.25)."
"(1) (B) On and after January 1, 2015, a resident, 16 years
of age and older, for the period of 12 consecutive months
beginning on the date specified on the license, upon
payment of a base fee of thirty-one dollars and twenty-five
cents ($31.25)."
"(2) (A) Until January 1, 2015, a nonresident, 16 years of
age or older, for a calendar year, or, if issued after the
beginning of the year, for the remainder thereof, upon
payment of a base fee of eighty-four dollars ($84)."
"(2) (B) On and after January 1, 2015, a nonresident, 16
years of age and older, for the period of 12 consecutive
months beginning on the date specified on the license, upon
payment of a base fee of eighty-four dollars ($84).
AMENDMENT 2
Section 7149.05
Delete page 3, line 26: "July 1, 2014,"
Replace with "January 1, 2015,"
Delete page 3, line 31: "July 1, 2014,"
Replace with "January 1, 2015,"
Delete page 3, lines 35-38, replace and add:
"(2) (A) Until January 1, 2015, a nonresident, 16 years of
age or older, for a calendar year, or, if issued after the
beginning of the year, for the remainder thereof, upon
payment of a base fee of eighty-four dollars ($84).
(2) (B) On and after January 1, 2015, a nonresident, 16
years of age and older, for the period of 12 consecutive
months beginning on the date specified on the license, upon
payment of a base fee of eighty-four dollars ($84)."
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SUPPORT
United Anglers of Southern California
Sportfishing Association of California
Coastside Fishing Club
California Association for Recreational Fishing
OPPOSITION None Received
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