BILL NUMBER: SB 1148	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 21, 2012
	AMENDED IN SENATE  MAY 29, 2012
	AMENDED IN SENATE  MARCH 29, 2012

INTRODUCED BY   Senator Pavley

                        FEBRUARY 21, 2012

   An act to amend Sections 711, 713, 714,  1050, 1609, 1726,
1726.4, 1727, 2014, 2860, 2861,  3031,  4006,  6596,
6596.1, 7149,  and  7149.05  , 7260, 7852, 7881,
8032, 12000, and 13007  of,  and  to add
Sections  711.1 and 711.5   1726.1, 1729, 1730,
and 2864  to,  to add Chapter 7.9 (commencing with Section
1797) to Division 2 of, and to repeal and add Section 1728 of, 
the Fish and Game Code, and to amend Section 65042 of the Government
Code, relating to fish and wildlife resources.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1148, as amended, Pavley. Fish and Game Commission: Department
of Fish and Game.
   (1) The Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act
of 1993 provides for the establishment of wetlands mitigation bank
sites to increase the total wetlands acreage and values within the
Sacramento-San Joaquin Valley.
   This bill would  provide that no conservation bank, mitigation
bank, or conservation and mitigation bank is operative, vested, or
final, nor bank credits issued, until the Department of Fish and Game
has approved the bank in writing and a conservation easement has
been recorded on the site. This bill would  require the 
Department of Fish and Game to establish prescribed fees for
existing and new conservation or mitigation banks, to be set in an
amount necessary to pay costs incurred by the department in providing
conservation and mitigation banking program services  
department to follow certain procedures and authorize the department
to charge and adjust specified fees to cover the reasonable costs of
the department reviewing various documents when a person is
interested in establishing a bank  . The bill would require the
department to deposit revenues of those fees in a separate dedicated
account within the Fish and Game Preservation Fund.
   The bill would require the department to  ensure on an
ongoing basis that accurate information about mitigation and
conservation banks, as prescribed, is   establish and
maintain a database that includes certain information about banks and
to make this data  available on its Internet Web site or an
appropriate federal or state agency designated Internet Web site that
is linked to the department's Internet Web site. 
   This bill would also permit the department to adopt and amend
guidelines and criteria to amend provisions relating to the
department's review of a bank. This bill would provide that failure
to pay a fee pursuant to these provisions is not a crime. 
   (2) Under existing law, the changes in the Implicit Price Deflator
for State and Local Government Purchases of Goods and Services is
used as the index to determine an annual rate of increase or decrease
in the fees for hunting and fishing licenses, stamps, permits, and
tags. Under existing law, the department issues lifetime sportsman's
licenses, hunting licenses, sport fishing ocean enhancement stamps,
commercial fishing ocean enhancement stamps, commercial fishing ocean
enhancement validations,  commercial fishing licenses,
commercial fish business licenses, commercial boat registrations,
 sport fishing ocean enhancement validations,  trapping
licenses,  and sport fishing licenses, and existing law
establishes base fees for those entitlements, adjusted annually
pursuant to the index.
    This bill would require the Fish and Game Commission to 
establish   adjust the  base fees for lifetime
sportsman's licenses, hunting licenses, sport fishing ocean
enhancement stamps and validations, commercial fishing ocean
enhancement stamps and validations,  commercial fishing licenses,
commercial fish business licenses, commercial boat registrations,
trapping licenses,  and sport fishing licenses  for the
2013 license year, and would require those fees to be adjusted
annually thereafter according to the index. The bill would require
the commission to issue lifetime sportsman's licenses.  
, as necessary, to fully recover, but not exceed, all reasonable
administrative and implementation costs of the department and the
commission relating to those licenses. This bill would  
require whenever a fee is not specified or the adjustment of a fee is
not specified for the issuance of any   license, tag,
permit, application, reservation, or other entitlement that the
commission may establish a fee or the amount of the fee by
regulation, as prescribed.   This bill would also authorize
the department to establish fees and to adjust statutorily imposed
fees by regulation for certain filings, permits, determinations, or
other department actions.  
   Existing law requires a governmental agency or public utility that
proposes a project that would divert, obstruct, or change the
natural flow of, or result in the disposal of debris in, a river,
stream, or lake designated by the department, to submit prescribed
plans and other information to the department, and to follow
prescribed procedures. Existing law authorizes the director of the
department to establish a graduated schedule of fees that may be
charged for administering and enforcing the process, and limits the
amount of the fee charged for any agreement to $5,000.  
   This bill would instead authorize the department to establish a
graduated schedule of fees and limit the amount of the fee charged to
$5,000 for any single project. This bill would require the
department to annually adjust the fees pursuant to the index. 
   (3) Existing law relating to the Office of Planning and Research
requires every officer, agency, department, or instrumentality of
state government to cooperate in the preparation and maintenance of
the State Environmental Goals and Policy Report and to ensure that
their entity's functional plan is consistent with specified state
planning priorities and annually demonstrate, when requesting
infrastructure as specified, how the plans are consistent with those
priorities. Existing law requires those entities to comply with any
request for advice, assistance, information, or other material.
   This bill would specify that the subject entities include certain
trustee agencies. 
   (4) Existing law establishes the policy of the state to conserve
its natural resources and to prevent the willful or negligent
destruction of birds, mammals, fish, reptiles, or amphibia. Existing
law authorizes the state to recover damages in a civil action against
any person or local agency which unlawfully or negligently takes or
destroys any bird, mammal, fish, reptile, or amphibian protected by
state law.  
   This bill would permit those acting as trustees for fish and
wildlife to recover damages in a civil action described above. This
bill would provide that if after reasonable notice of not less than
60 days the department fails to act in its statutory role as parens
patriae for fish and wildlife, a trustee with standing to protect
fish and wildlife is permitted to bring an action, as specified.
 
   (5) Existing law, except as expressly provided otherwise, makes
violations of the Fish and Game Code, or of any rule, regulation, or
order made or adopted under that code, a misdemeanor. Existing law
sets prescribed fines and penalties for specified violations. 

   This bill would provide that, except as expressly provided
otherwise, a violation of the Fish and Game Code, or of any rule,
regulation, or order made or adopted under that code is a strict
liability offense. By changing the definition of a crime, this bill
would impose a state-mandated local program.  
   (6) Existing law, the Marine Life Protection Act, requires the
commission to adopt a master plan that guides the adoption and
implementation of the Marine Life Protection Program and authorizes
the commission to regulate commercial and recreational fishing and
any other taking of marine species in marine protected areas (MPAs).
Existing law prohibits the taking of a marine species in a marine
life reserve except as authorized by the commission for scientific
purposes, subject to specified provisions.  
   This bill would instead provide that the department is authorized
to regulate commercial and recreational fishing in an MPA and the
taking of marine species in marine life reserve.  
   The Marine Life Protection Act also requires the commission to
receive, consider, and promptly act upon petitions from any
interested party to add, delete, or modify MPAs, as prescribed. 

   This bill would instead provide that the department is to receive,
consider, and promptly act upon these petitions. This bill would
require the department to establish a process for external peer
review of the scientific basis for proposed changes to an MPA. This
bill would also require the department to convene a siting workshop
in the biogeographical region of the proposed MPA change composed of
interested parties to review the alternatives for MPA modification
and to provide advice on a recommended action on a proposed
modification of an MPA.  
   This bill would require the department, every 7 years, to conduct
a review of the effectiveness of the statewide MPA network as a whole
in achieving the goals of the act and would require the department
to report the results and any proposals for changes to the Secretary
for Natural Resources, as specified.  
   (7) Existing law, the Trout and Steelhead Conservation and
Management Planning Act of 1979, requires the department to determine
whether a stream or lake should be managed as a wild trout fishery,
or whether its management should involve the planting of native trout
species to supplement wild trout populations. Existing law requires
the commission to develop additional wild trout waters. Existing law
requires the department to prepare a list each year of no less than
25 miles of stream or stream segments and at least one lake that it
deems suitable for consideration as wild trout waters and to submit
this list to the commission. The commission is required to annually
submit a report to the Legislature that includes its reasons why any
stream or lake listed by the department was or was not included in
the program. Existing law requires the department to prepare and
complete management plans for all wild trout waters not more than 3
years following their initial designation by the commission, and to
update the management plan every 5 years following completion of the
initial management plan.  
   This bill would revise the findings and declarations of the act.
This bill would require specified inventories prepared for each
stream, stream system, or lake, to be maintained and continuously
revised, with the goal of reviewing every watershed once per decade,
and to be publicly available on the department's Internet Web site.
This bill would instead require the commission to report to the
Legislature regarding progress in implementing the wild trout program
on even-numbered years and would require the report to be publicly
available on the department's Internet Web site.  
   This bill would require the department every 5 years to update the
specified Strategic Plan for Trout Management as necessary to guide
the state's trout management. This bill would require the department
to prepare and complete trout management plans consistent with the
Strategic Plan for Trout Management for all wild trout waters, as
prescribed, and to make the Strategic Plan for Trout Management and
the trout management plans publicly available on the department's
Internet Web site.  
   This bill would provide that priority is required to be given to
stocking native hatchery-produced species in California's waters
where stocking is determined to be appropriate by the department.
This bill would require certain hatchery-produced fish to be marked
whenever feasible and would require, with a specified exception, all
hatchery-produced fish stocked in California's waters to be sterile.
This bill would authorize the department to provide specified
outreach to anglers to promote awareness, would authorize the
department to develop, conduct, and respond to angler preference and
satisfaction surveys, and would encourage educational programs
utilizing the hatcheries. This bill would require angling regulations
to be reviewed periodically and adjusted to ensure consistency with
the Strategic Plan for Trout Management.  
   This bill would establish the Hatchery Independent Science
Advisory Panel consisting of 5 members who are prominent scientists
with appropriate expertise appointed by the Governor generally for
terms of 5 years. This bill would specify the mission of the panel
and would require the panel to provide certain recommendations by
January 1, 2015. This bill would require the panel to submit to the
director of the department an annual report of the panel's research
and recommendations. This bill would also require the department to
respond to all of the panel's comments publicly.  
   Existing law requires 331/3 % of the fees derived from the
issuance of sport fishing licenses, with certain exceptions, to be
deposited into the Hatchery and Inland Fisheries Fund within the
State Treasury. Moneys in the fund may be expended, upon
appropriation, in support of Department of Fish and Game programs
related to the management, maintenance, and capital improvement of
California's fish hatcheries, the Heritage and Wild Trout Program,
enforcement activities, and other activities eligible to be funded
from revenue generated by sport fishing license fees. Existing law
requires that those fund moneys be used for specified purposes,
including the attainment of prescribed fish production and release
goals for state hatcheries.  
   This bill would instead provide that moneys in the fund, upon
appropriation, are for the purposes of promoting angling
opportunities and the conservation of wild and native trout, and
ensuring thriving self-sustaining native trout populations throughout
their historic ranges. This bill would provide the fees be used for
the purposes of attaining a specified hatchery production goal, the
Heritage and Wild Trout Program, the development of trout management
plans, and staffing, as specified. This bill would permit the
department to obtain hatchery-produced fish from privately owned
hatcheries located in the state to supplement its own hatchery
production if prescribed criteria are satisfied. This bill would
require the department, by July 1, 2014, and annually thereafter, to
report to the fiscal and policy committees in the Legislature on the
implementation of these provisions. This bill would also provide that
funding for "Heritage Trout Waters" is a priority for the fund.
 
   (8) 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:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    The Legislature finds and declares
the following:
   (a) The department and other state entities have authorized
private and public conservation and mitigation banks to serve an
important function of managing the mitigation provided by private
applicants when aquatic or terrestrial mitigation is required as a
condition of a permit from a public agency. Conservation and
mitigation banks provide parcels of land that provide habitat for
specified species. The banks offer credits to those with a mitigation
responsibility associated with a permit granted by a public agency
that requires compensation for impacts to wetlands, threatened or
endangered species, and other sensitive resources. The California
policy on conservation banks was established in 1995 by the Natural
Resources Agency and the California Environmental Protection Agency.
Other mitigation banking policies have been entered into by and
between state agencies and federal wildlife agencies including the
United States Fish and Wildlife Service, the United States Army Corps
of Engineers, and the United States Environmental Protection Agency.

   (b) The Department of Fish and Game has properly excluded from
mitigation and conservation banks those lands that do not support
significant biological resources or that cannot sustain their
biological viability. The department has also excluded other lands
from eligibility as mitigation banks, including, but not limited to,
lands that are themselves mitigation for previous projects, lands
designated as parks or open space or set aside by a legal settlement,
and lands acquired by a public entity.
   (c) Greater transparency of mitigation and conservation banks is
required to ensure that the mitigation requirements of affected
regulatory programs and permitting decisions are fully met and that
the accounting mechanisms used by mitigation banks to provide for
species are scientifically valid with appropriate public oversight.
The private and public mitigation banks or the private and public
entities to whom credits are sold should fully fund the
administrative and regulatory costs of the Department of Fish and
Game or other public agencies relating to the provision of banks.
   (d) The Department of Fish and Game has found that the
establishment and use of conservation and mitigation banks may result
in added ecological benefits and reduced administrative costs over
the more traditional forms of smaller, single-purpose mitigation
projects. 
   SEC. 2.   SECTION 1.   The Legislature
further finds and declares the following:
   (a) In 2010, the Legislature passed and the Governor signed
Assembly Bill 2376, which established a process to develop a
strategic vision for the Department of Fish and Game and the Fish and
Game Commission.
   (b) Pursuant to Assembly Bill 2376, the Natural Resources Agency
appointed an executive committee, a blue ribbon commission, and a
broad-based stakeholder group, and established a public process that
is focused on improving and enhancing the capacity of both the
department and the commission to protect and manage California's fish
and wildlife.
   (c) All groups and individuals with an interest in improving the
work of the department and the commission have been invited to
participate in the stakeholder group process. Numerous public
meetings have been held and extensive information on the process and
the comments received to date are available on the Internet Web site
of the Department of Fish and Game.
   (d) The policy chairs in their respective houses of committees
with subject matter jurisdiction will cooperate with proposed
legislation that will address many of the draft recommendations of
the California Fish and Wildlife Strategic Vision and other reforms
necessary to satisfy the mandate of Assembly Bill 2376. Some of the
content of the proposed legislation reflects suggestions contained in
the draft interim strategic vision report released by the department
and the commission on November 22, 2011. Each bill may be amended
from time to time to reflect additional recommendations.
   (e) It is the intent of the Legislature to focus more of the work
of the commission on the implementation of the state's hunting and
fishing and other wildlife-related regulations and the professional
administration of those laws. Several fees related to hunting and
fishing should therefore be reassigned from the department to the
commission. It is also the intent of the Legislature to enhance the
ability of the department to focus on the management and
administration of its lands, its enforcement responsibilities, the
conservation programs entrusted to it, and enhancing the scientific
basis of conservation decisions made in California.
   SEC. 3.   SEC. 2.   Section 711 of the
Fish and Game Code is amended to read:
   711.  (a) It is the intent of the Legislature to ensure adequate
funding from appropriate sources for the department. To this end, the
Legislature finds and declares that:
   (1) The costs of nongame fish and wildlife programs shall be
provided annually in the Budget Act by appropriating money from the
General Fund, through nongame user fees, and sources other than the
Fish and Game Preservation Fund to the department for these purposes.

   (2) The costs of commercial fishing programs shall be provided out
of revenues from commercial fishing taxes, license fees, and other
revenues, from reimbursements and federal funds received for
commercial fishing programs, and other funds appropriated by the
Legislature for this purpose.
   (3) The costs of hunting and sportfishing programs shall be
provided out of hunting and sportfishing revenues and reimbursements
and federal funds received for hunting and sportfishing programs, and
other funds appropriated by the Legislature for this purpose. These
revenues, reimbursements, and federal funds shall not be used to
support commercial fishing programs, free hunting and fishing license
programs, or nongame fish and wildlife programs.
   (4) The costs of managing lands managed by the department and the
costs of wildlife management programs shall be supplemented out of
revenues in the Native Species Conservation and Enhancement Account
in the Fish and Game Preservation Fund.
   (5) Hunting, sportfishing, and sport ocean fishing license fees
shall be adjusted annually to an amount equal to that computed
pursuant to Section 713. However, a substantial increase in the
aggregate of hunting and sportfishing programs shall be reflected by
appropriate amendments to the sections of this code that establish
the base sport license fee levels. The inflationary index provided in
Section 713 may not be used to accommodate a substantial increase in
the aggregate of hunting and sportfishing programs.
   (6) The costs of a conservation and mitigation banking program,
including, but not limited to, costs incurred by the department
during its review, approval, establishment, monitoring, and oversight
of banks, shall be reimbursed from revenues of conservation and
mitigation bank application fees imposed pursuant to Section 711.5.
   (b) The director and the Secretary of the Resources Agency shall,
with the department's annual budget submittal to the Legislature,
submit a report on the fund condition, including the expenditures and
revenue, for all accounts and subaccounts within the Fish and Game
Preservation Fund. The department shall also update its cost
allocation plan to reflect the costs of program activities.
   (c) For purposes of this article, "substantial increase" means an
increase in excess of 5 percent of the Fish and Game Preservation
Fund portion of the department's current year support budget,
excluding cost-of-living increases provided for salaries, staff
benefits, and operating expenses. 
  SEC. 4.    Section 711.1 is added to the Fish and
Game Code, to read:
   711.1.  The department shall ensure on an ongoing basis that
accurate information about mitigation and conservation banks is
available on its Internet Web site or an appropriate federal or state
agency designated Internet Web site that is linked to the department'
s Internet Web site. The available information shall include, but not
be limited to, the total credits available from the bank, the total
credits available when the bank was created, the amount of current
available credits per species and habitat type, the amount of current
credits withdrawn per species and habitat type, the balance of
credits available per species and habitat type, a specific
description of the credits that have been awarded and for what
species or purpose, the status of the species and habitat at the
mitigation or conservation bank, the bank's long-term management
plans, and the complete annual monitoring reports required by
departmental policy.  
  SEC. 5.    Section 711.5 is added to the Fish and
Game Code, to read:
   711.5.  (a) As used in this section:
   (1) "Conservation bank" means a publicly or privately owned and
operated site on which habitat for threatened, endangered, or other
special status species has been, or will be, established to do any of
the following:
   (A) Compensate for take or other adverse impacts caused by
activities authorized pursuant to Chapter 1.5 (commencing with
Section 2050) of Division 3.
   (B) Reduce, to less than substantial, impacts to fish or wildlife
resources caused by activities authorized pursuant to Section 1602.
   (C) Compensate for impacts to the environment pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
   (D) Establish mitigation in advance of adverse impacts.
   (2) "Mitigation bank" has the same meaning as "bank site" or
"mitigation bank site," as defined in Section 1777.2.
   (b) (1) The department shall establish a fee to be charged to any
entity applying to the department to establish a conservation bank or
mitigation bank as described in subdivision (a), including, but not
limited to, a mitigation bank pursuant to Chapter 7.8 (commencing
with Section 1775), to be set in an amount necessary to pay costs
incurred by the department in providing conservation and mitigation
banking program services to the applicant, including, but not limited
to, bank review, approval, establishment, monitoring, and oversight.

   (2) The department shall also establish a fee to be charged to all
entities participating in a conservation or mitigation bank as of
January 1, 2013, to be set in an amount necessary to pay costs
incurred by the department in providing conservation and mitigation
banking program services to the bank, including, but not limited to,
bank monitoring and oversight.
   (3) The department may adjust the fees in paragraphs (1) and
(2)pursuant to subdivision (c) of Section 713. The department shall
deposit revenues of fees imposed pursuant to this section in a
separate dedicated account within the Fish and Game Preservation
Fund.
   (c) The fee imposed in paragraph (1) of subdivision (b) shall
apply to all new bank applications, including, but not limited to,
draft and final prospectuses, agreements, instruments, and amendments
if the department is not already signatory to the bank.
   (d) The department may adopt regulations to administer the fees in
subdivision (b).
   (e) A conservation bank or a mitigation bank shall not be
operative, vested, or final, and bank credits shall not be issued,
until the applicable fee imposed pursuant to this section is paid to
the department. 
   SEC. 6.   SEC. 3.   Section 713 of the
Fish and Game Code is amended to read:
   713.  (a) The changes in the Implicit Price Deflator for State and
Local Government Purchases of Goods and Services, as published by
the United States Department of Commerce, shall be used as the index
to determine an annual rate of increase or decrease in the fees for
licenses, stamps, permits, tags, or other entitlements issued by the
department.
   (b) (1) The department shall determine the change in the Implicit
Price Deflator for State and Local Government Purchases of Goods and
Services, as published by the United States Department of Commerce,
for the quarter ending March 31 of the current year compared to the
quarter ending March 31 of the previous year. The relative amount of
the change shall be multiplied by the current fee for each license,
stamp, permit, tag, or other entitlement issued by the department.
   (2) The product shall be rounded to the nearest twenty-five cents
($0.25), and the resulting amount shall be added to the fee for the
current year. The resulting amount shall be the fee for the license
year beginning on or after January 1 of the next succeeding calendar
year for the license, stamp, permit, tag, or other entitlement that
is adjusted under this section.
   (c) Notwithstanding any other provision of law, the department may
recalculate the current fees charged for each license, stamp,
permit, tag, or other entitlement issued by the department, to
determine that all appropriate indexing has been included in the
current fees. This section shall apply to all licenses, stamps,
permits, tags, or other entitlements, that have not been increased
each year since the base year of the 1985-86 fiscal year.
   (d) The commission, with respect to any license, stamp, permit,
tag, or other entitlement issued by the commission shall comply with
subdivisions (a) to (c), inclusive.
   (e) The calculations provided for in this section shall be
reported to the Legislature with the Governor's Budget Bill.
   (f) The Legislature finds that all revenues generated by fees for
licenses, stamps, permits, tags, and other entitlements, computed
under this section and used for the purposes for which they were
imposed, are not subject to Article XIII B of the California
Constitution.
   (g) The department and the commission shall, at least every five
years, analyze all fees for licenses, stamps, permits, tags, and
other entitlements issued by it to ensure the appropriate fee amount
is charged. Where appropriate, the department shall recommend to the
Legislature or the commission that fees established by the commission
or the Legislature be adjusted to ensure that those fees are
appropriate. 
  SEC. 7.   Section 714 of the Fish and Game Code is
amended to read:
   714.  (a) The commission shall issue lifetime sportsman's licenses
pursuant to this section. A lifetime sportsman's license authorizes
the taking of birds, mammals, fish, reptiles, or amphibia anywhere in
this state in accordance with law for purposes other than profit for
the life of the person to whom issued unless revoked for a violation
of this code or regulations adopted pursuant to this code. A
lifetime sportsman's license is not transferable. A lifetime
sportsman's license does not include any special tags, stamps, or
other entitlements.
   (b) A lifetime sportsman's license may be issued to residents, as
follows:
   (1) To a person 62 years of age or over upon payment of a base fee
as determined pursuant to subdivision (g).
   (2) To a person 40 years of age or over and less than 62 years of
age upon payment of a base fee as determined pursuant to subdivision
(g).
   (3) To a person 10 years of age or over and less than 40 years of
age upon payment of a base fee as determined pursuant to subdivision
(g).
   (4) To a person less than 10 years of age upon payment of a base
fee as determined pursuant to subdivision (g).
   (c) This section does not require a person less than 16 years of
age to obtain a license to take fish, reptiles, or amphibians for
purposes other than profit or to obtain a license to take birds or
mammals, except as required by law.
   (d) This section does not exempt an applicant for a license from
meeting other qualifications or requirements otherwise established by
law for the privilege of sport hunting or sport fishing.
   (e) Upon payment of a base fee as determined pursuant to
subdivision (g), a person holding a lifetime hunting license or
lifetime sportsman's license shall be issued annually one deer tag
application pursuant to subdivision (a) of Section 4332 and five wild
pig tags issued pursuant to Section 4654. Lifetime privileges issued
pursuant to this subdivision are not transferable.
   (f) Upon payment of a base fee as determined pursuant to
subdivision (g), a person holding a lifetime hunting license or
lifetime sportsman's license shall be entitled annually to the
privileges afforded to a person holding a state duck stamp or
validation issued pursuant to Section 3700 or 3700.1 and an upland
game bird stamp or validation issued pursuant to Section 3682 or
3682.1. Lifetime privileges issued pursuant to this subdivision are
not transferable.
   (g) The commission shall establish base fees for lifetime
sportsman's licenses described in this section in an amount
sufficient to recover all reasonable administrative and
implementation costs of the department and commission relating to
those licenses. The base fees specified in this section are
applicable commencing January 1, 2013, and shall be adjusted annually
thereafter pursuant to Section 713. 
   SEC. 4.    Section 714 of the   Fish and
Game Code   is amended to read: 
   714.  (a) In addition to Section 3031, 3031.2, 7149, 7149.05, or
7149.2 and notwithstanding Section 3037, the department shall issue
lifetime sportsman's licenses pursuant to this section. A lifetime
sportsman's license authorizes the taking of birds, mammals, fish,
reptiles, or amphibia anywhere in this state in accordance with law
for purposes other than profit for the life of the person to whom
issued unless revoked for a violation of this code or regulations
adopted pursuant to this code. A lifetime sportsman's license is not
transferable. A lifetime sportsman's license does not include any
special tags, stamps, or other entitlements.
   (b) A lifetime sportsman's license may be issued to residents, as
follows:
   (1) To a person 62 years of age or over upon payment of a base fee
of seven hundred thirty dollars ($730).
   (2) To a person 40 years of age or over and less than 62 years of
age upon payment of a base fee of one thousand eighty dollars
($1,080).
   (3) To a person 10 years of age or over and less than 40 years of
age upon payment of a base fee of one thousand two hundred dollars
($1,200).
   (4) To a person less than 10 years of age upon payment of a base
fee of seven hundred thirty dollars ($730).
   (c) This section does not require a person less than 16 years of
age to obtain a license to take fish, reptiles, or amphibia for
purposes other than profit or to obtain a license to take birds or
mammals, except as required by law.
   (d) This section does not exempt an applicant for a license from
meeting other qualifications or requirements otherwise established by
law for the privilege of sport hunting or sport fishing.
   (e) Upon payment of a base fee of four hundred forty-five dollars
($445), a person holding a lifetime hunting license or lifetime
sportsman's license shall be issued annually one deer tag application
pursuant to subdivision (a) of Section 4332 and five wild pig tags
issued pursuant to Section 4654. Lifetime privileges issued pursuant
to this subdivision are not transferable.
   (f) Upon payment of a base fee of two hundred ten dollars ($210),
a person holding a lifetime hunting license or lifetime sportsman's
license shall be entitled annually to the privileges afforded to a
person holding a state duck stamp or validation issued pursuant to
Section 3700 or 3700.1 and an upland game bird stamp or validation
issued pursuant to Section 3682 or 3682.1. Lifetime privileges issued
pursuant to this subdivision are not transferable.
   (g) The base fees specified in this section are applicable
commencing January 1, 2004, and shall be adjusted annually thereafter
pursuant to Section 713. 
   (h) The commission shall adjust the amount of the fees specified
in subdivision (g), as necessary, to fully recover, but not exceed,
all reasonable administrative implementation costs of the department
and the commission relating to those licenses. 
   SEC. 5.    Section 1050 of the   Fish and
Game Code   is amended to read: 
   1050.  (a) All licenses, permits, tags reservations, and other
entitlements authorized by this code shall be prepared and issued by
the department.
   (b) The commission shall determine the form of all licenses,
permits, tags, reservations, and other entitlements and the method of
carrying and displaying all licenses, and may require and prescribe
the form of applications therefor and the form of any contrivance to
be used in connection therewith  , except for those programs
where the department has fee   -setting authority, in which
case the   department shall retain that authority  .
   (c) Whenever any provision of this code provides for a permit,
license, tag, reservation, application, or other entitlement, the
commission shall, in accordance with the provision, prescribe the
terms and conditions under which the permit, license, tag,
reservation, application, or other entitlement shall be 
issued and the   issued, except for those programs where
the department has fee   -setting authority, in which case
the department shall retain that authority. The  department
shall issue the permit, license, tag, reservation, application, or
other entitlement in accordance therewith and with the applicable
provisions of law.
   (d)  Whenever   Except for fees set by the
department pursuant to subdivision (e), whenever  this code does
not specify whether a fee is to be collected, or does not specify
the amount of a fee to be collected  , or does not expressly
prohibit the adjustment of statutorily imposed fees by the commission
by reference to this section  for the issuance of any license,
tag, permit, application, reservation, or other entitlement, the
commission may establish a fee or the amount thereof by regulation.
The commission may also provide for the change in the amount of the
fee in accordance with Section 713.  However, no fee may
exceed the reasonable costs incurred by the department in
implementing and administering the program or activity to which the
license, tag, permit, application, reservation, or other entitlement
is related.   Fees established by the commission shall
be in an amount sufficient to recover all reasonable administrative
and implementation costs of the department and commission relating to
the program with regard to which the fee is paid. The commission may
establish a fee structure which provides for the phasing in of new
fees leading up to full cost recovery for the department and
commission, provided that full cost recovery is achieved within five
years of the establishment of the fee.  
   (e) The department may establish fees and may adjust statutorily
imposed fees by regulation for the filings, permits, determinations,
or other department actions described in Section 711.4, 1002, or
1609. The department also may provide for the change in the amount of
the fee in accordance with Section 713. Fees established by the
department shall be in an amount sufficient to recover all reasonable
administrative and implementation costs of the department relating
to the program with regard to which the fee is paid. The department
may establish a fee structure which provides for the phasing in of
new fees leading up to full cost recovery for the department,
provided that full cost recovery is achieved within five years of the
establishment of the fee.  
   (e) 
    (f)  Whenever this code provides for a license, tag,
permit, reservation, or other entitlement, the commission  or
department, as applicable,  may establish a nonrefundable
application fee, not to exceed seven dollars and fifty cents ($7.50)
sufficient to pay the department's costs for issuing the license,
tag, permit, reservation, or other entitlement and may adjust the
application fee in accordance with Section 713.
   SEC. 6.    Section 1609 of the   Fish and
Game Code   is amended to read: 
   1609.  (a) The  director   department 
may establish a graduated schedule of fees to be charged to any
entity subject to this chapter. The fees charged shall be established
in an amount necessary to pay the total costs incurred by the
department in administering and enforcing this chapter, including,
but not limited to, preparing and submitting agreements and
conducting inspections. The department  may  
shall annually  adjust the fees pursuant to Section 713. Fees
received pursuant to this section shall be deposited in the Fish and
Game Preservation Fund.
   (b) (1) The fee schedule established pursuant to subdivision (a)
may not impose a fee that exceeds five thousand dollars ($5,000) for
any  agreement   single project  .
   (2) The fee limitation described in paragraph (1) does not apply
to any agreement issued pursuant to subdivision (g) of Section 1605.
   SEC. 7.    Section 1726 of the   Fish and
Game Code   is amended to read: 
    1726.  The Legislature hereby finds and declares that it is the
policy of the state to do all of the following:
   (a) Establish and maintain wild trout stocks  , which, as
possible, should be native fish,  in suitable waters of the
state that are readily accessible to the general public as well as in
those waters in remote areas.
   (b) Establish angling regulations designed to maintain the wild
trout fishery in those waters by natural reproduction.
   (c) Discourage artificial planting of hatchery-raised hybrid and
nonnative fish species in wild trout waters or in other areas that
would adversely affect native aquatic  and nonaquatic 
species.
   SEC. 8.    Section 1726.1 is added to the  
Fish and Game Code   , to read:  
   1726.1.  The Legislature further finds and declares all of the
following:
   (a) Hatchery production and stocking of California's waters
started over 140 years ago and is an enduring part of California's
history and attempts to steward its natural resources.
   (b) Sustainable and adaptive management provides and improves
recreational angling opportunities while protecting and maintaining
native and wild trout fisheries, other species, and their mutual
habitat.
   (c) Management of the genetic diversity of California's native
trout species is imperative.
   (d) Habitat restoration and the protection of cold water
ecosystems are both of utmost importance to maintaining healthy wild
trout populations, ensuring and promoting angler opportunities, and
the sustainability of the inland trout fishery.
   (e) The department shall seek to provide and enhance diverse
recreational angling opportunities in California. 
   SEC. 9.    Section 1726.4 of the   Fish and
Game Code   is amended to read:  
   1726.4.  (a) It is the intent of the Legislature that the

    1726.4.    (a)     For the
purposes of this chapter, "trout" includes steelhead trout. 
    (b)     The  department, in
administering its existing wild trout program, shall  conduct
a biological and physical   maintain an  inventory
of all California trout streams and lakes to determine the most
suitable angling regulations for each stream or lake. The department
shall determine for each stream or lake whether it should be managed
as a wild trout fishery, or whether its management should involve the
 temporary  planting of native trout species to supplement
wild trout populations  that is consistent with this chapter
. In  making that   maintaining the 
inventory, the department shall give priority to those streams and
lakes  where public use is heaviest, which  
that  have the highest biological potential for producing
sizeable wild trout, which are inhabited by rare species, or where
the quality of the fishery is threatened or  endangered.
Biological and physical   endangered and take into
consideration public use. The biological and physical 
inventories prepared  and maintained  for each stream,
stream system, or lake shall include an assessment of the resource
status, threats to the continued well-being of the fishery resource,
the potential for fishery resource development, and recommendations,
including necessary changes in the allowed take of trout, for the
development of each stream or lake to its full capacity as a fishery
 , consistent with the provisions of this chapter  .

   (b) 
    (c)  This section does not provide any public entity or
private party with any new or additional authority to affect the
management of, or access to, any private land without the written
consent of the owner. Privately owned lakes and ponds not open to the
use of the general public shall be subject to the provisions of this
section only with the written consent of the owner. This chapter
shall not be construed as authorizing or requiring special treatment
of adjacent land areas or requiring land use restrictions. It is the
intent of the Legislature that this chapter should not diminish the
existing authority of the department  , nor should it
interfere with the department's existing fisheries management
planning process  . 
   (d) The inventory maintained pursuant to subdivision (b) shall be
publicly available on the department's Internet Web site and shall be
continuously revised with the goal of reviewing every watershed once
per decade. 
   SEC. 10.    Section 1727 of the   Fish and
Game Code   is amended to read: 
   1727.  (a) In order to provide for a diversity of available
angling experiences throughout the state, it is the intent of the
Legislature that the commission maintain the existing wild trout
program, and as part of the program, develop additional wild trout
waters in the more than 20,000 miles of trout streams and
approximately 5,000 lakes containing trout in California.
   (b) The department shall prepare a list of no less than 25 miles
of stream or stream segments and at least one lake that it deems
suitable for designation as wild trout waters. The department shall
submit this list to the commission for its consideration at the
regular October commission meeting.
   (c) The commission may remove any stream or lake that it has
designated as a wild trout fishery from the program at any time. If
any of those waters are removed from the program, an equivalent
amount of stream mileage or an equivalent size lake shall be added to
the wild trout program.
   (d) The commission shall  ,  in January of each 
even-numbered  year  ,  submit a report to the
Legislature regarding progress in implementing  the wild trout
program described in  this chapter. In that report, the
commission shall state its reasons why any stream or lake listed by
the department as suitable for consideration as a wild trout water
was or was not included in the program. The commission shall also
state its reasons for removing and replacing any waters within the
program.  The report shall be publicly available on the
department's Internet Web site.  
   (e) The department shall prepare and complete management plans for
all wild trout waters not more than three years following their
initial designation by the commission, and to update the management
plan every five years following completion of the initial management
plan. 
   SEC. 11.    Section 1728 of the   Fish and
Game Code   is repealed.  
   1728.  For purposes of this chapter, "trout" includes steelhead
trout.
   SEC. 12.    Section 1728 is added to the  
Fish and Game Code   , to read:  
   1728.  (a) Every five years the department shall update the
Strategic Plan for Trout Management published in November 2003 as
necessary to guide the state's trout management.
   (b) The Strategic Plan for Trout Management shall be intended to
ensure all of the following:
   (1) Thriving and self-sustaining, wild and native trout
populations throughout their historic ranges.
   (2) Providing and improving angling opportunities for wild and
native trout and other trout.
   (3) Providing for the conservation of wild and native trout.
   (4) Environmental sustainability and overall ecosystem and
watershed health.
   (c) The Strategic Plan for Trout Management shall be guided by all
of the following considerations:
   (1) Adaptively managing trout populations, including, but not
limited to, stocking practices, to establish thriving and
self-sustaining native and wild trout fisheries in wild trout waters
and, where possible, in other waters.
   (2) Increasing angler satisfaction.
   (3) Ensuring appropriate age distribution of wild trout when
appropriate.
   (4) Establishing ecologically and environmentally sustainable
hatchery and stocking practices for native and wild trout, including,
but not limited to, the following:
   (A) Hatchery and stocking practices consistent with this chapter.
   (B) Stocking plans shall include consideration of angler
satisfaction and public use of, and access to, the waters for
angling. This may include, but is not limited to, harvest and catch
rates, including, but not limited to, trophy catch rates, the
potential for high angler satisfaction, and where appropriate, put
and grow stocking.
   (C) Native trout shall be preferentially stocked when stocking is
employed.
   (D) Designing stocking plans to maintain and optimize the genetic
diversity of trout populations and to be consistent with the
direction provided by the Hatchery Independent Science Panel.
   (E) Stocking plans for species listed in Section 7261 shall not
exceed the documented biological carrying capacity of the water or
ecosystem.
   (5) Integrating stakeholder involvement into the planning process.

   (6) Monitoring and evaluating management processes through angler
surveys, public meetings coordinated with county fish and game
commissions, or by other means.
   (d) The department shall prepare and complete trout management
plans consistent with the Strategic Plan for Trout Management for all
wild trout waters not more than three years following their initial
designation by the commission. The department shall update the
management plan every five years or as necessary following completion
of the initial management plan. The department shall prepare trout
management plans for other waters consistent with the Strategic Plan
for Trout Management as appropriate.
   (e) The Strategic Plan for Trout Management and plans completed
pursuant to subdivision (d) shall be publicly available on the
department's Internet Web site. 
   SEC. 13.   Section 1729 is added to the  
Fish and Game Code   , to read: 
    1729.    (a)     Priority shall be
given to stocking native hatchery-produced species in California's
waters, where stocking is determined to be appropriate by the
department. Stocking of hatchery-produced fish is not appropriate in
all of California's waters.  
   (b) Hatchery-produced trout shall be stocked to support
sustainable angling recreation and promote angler access to trout
fishing, including, but not limited to, urban fisheries.  
   (c) Hatchery-produced fish listed in Section 7261 shall be marked
whenever feasible.  
   (d) The department may provide outreach and educational materials
to all anglers to promote awareness of environmental sustainability,
ecosystem health, fish genetics, angling opportunities, and fish
population management.  
   (e) Educational programs utilizing the hatcheries shall be
encouraged.  
   (f) Except for limited conservation purposes of short-term
duration, all hatchery-produced fish stocked in California's waters
shall be sterile.  
   (g) The department may develop, conduct, and respond to regular
angler preference and satisfaction surveys. This is not a substitute
for a preferred scientific data collection and monitoring program
that would facilitate adaptive management of California's inland
trout fisheries.  
   (h) Angling regulations shall be reviewed periodically and
adjusted to ensure consistency with the strategic plan described in
Section 1728. 
   SEC. 14.    Sect   ion 1730 is added to the
  Fish and Game Code   , to read:  
   1730.  (a) The department shall establish the Hatchery Independent
Science Advisory Panel under the guidance of the department's
independent science advisory panel established pursuant to Section
715.
   (1) The Hatchery Independent Science Advisory Panel shall consist
of five members appointed by the Governor. The term of office for
members of the panel shall be five years. The terms of the initial
appointments to the panel may be less than five years in order for
the terms of the panel members to be staggered. No more than two
members' terms shall expire in any given calendar year. Members of
the panel shall be prominent scientists with appropriate expertise,
including, but not limited to, genetics and conservation biology.
   (2) The mission of the Hatchery Independent Science Advisory Panel
includes all of the following:
   (A) To independently review, assess, and provide direction for,
science-based, environmentally sustainable hatchery production plans,
and stocking plans for all state waters within the context of
watershed-wide, ecosystem health-based management of the inland trout
fishery.
   (B) To provide long-term strategic direction to the department on
hatchery and wild trout management, including, but not limited to,
any broodstock or captive breeding programs operated for
reintroduction of recovery or rare trout.
   (C) To provide oversight of the scientific research, monitoring,
and assessment programs that support hatchery and wild trout programs
through periodic reviews of each of those programs, including all
recommended content in hatchery genetic management plans that may be
established for each facility.
   (b) By January 1, 2015, the Hatchery Independent Science Advisory
Panel shall accomplish all of the following:
   (1) Relying to the extent feasible on the inventories developed
pursuant to Section 1726.4, the panel shall provide the department
with its recommendations to develop stocking plans for each of
California's individual waters that shall be based on a watershed
approach in order to promote environmental sustainability and
ecosystem health. It is the intent of the Legislature that stocking
plans shall minimize the potential for harm to other native species
through interactions with hatchery-produced fish. It is also the
intent of the Legislature that all stocking plans shall include
reach-dependent trout density goals as well as an analysis of the
expected impacts from angling. The panel may recommend that the
department adopt a classification system that identifies sustainable
fishery management strategies for individual waterways within a
watershed.
   (2) The panel shall recommend to the department on the scientific
parameters for a monitoring program to collect sufficient data to
permit science-based assessments that would support adaptive
management of hatchery and stocking programs, including, but not
limited to, allowable angling opportunities.
   (3) The panel shall recommend to the department its
recommendations for the content of a fisheries assessment for each of
the species listed in Section 7621. It is the intent of the
Legislature that each fishery will be managed to optimize the health
of the surrounding ecosystem, and stocking goals for any water shall
not exceed an assessment of the biological carrying capacity of the
water. This assessment shall include the consideration of all
relevant biological and nonbiological factors that includes, but is
not limited to, stream flow, water temperature, water quality,
climate change, genetic diversity of the wild trout stock, genetic
diversity of all ecosystem biota, the biological carrying capacity of
the ecosystem, habitat, land use and land management, endemic
disease and pathogens, the presence of any federal or state
threatened or endangered species, restoring and protecting riparian
communities, and restoring the historic range of native trout and
other species.
   (c) The Hatchery Independent Science Advisory Panel shall submit
to the director of the department an annual report of its research
and recommendations, including recommendations for any changes in the
programs pursuant to its review, including policy changes to be
considered by the Legislature.
   (d) Decisions by the Hatchery Independent Science Advisory Panel
shall be by majority vote.
   (e) The department shall respond to all of the Hatchery
Independent Science Advisory Panel's comments publicly. 
   SEC. 15.    Chapter 7.9 (commencing with Section
1797) is added to Division 2 of the   Fish and Game Code
  , to read:  
      CHAPTER 7.9.  CONSERVATION BANK AND MITIGATION BANK
APPLICATIONS AND FEES


   1797.  The Legislature finds and declares as follows:
   (a) Mitigation banks and conservation banks provide for the
conservation of important habitats and habitat linkages, take
advantage of economies of scale that are often not available to
individualized mitigation projects, and simplify the regulatory
compliance process while achieving conservation goals.
   (b) The department and other state entities have authorized
private and public conservation and mitigation banks to serve an
important function of managing the mitigation provided by private
applicants when aquatic or terrestrial mitigation is required as a
condition of a permit from a public agency. Conservation and
mitigation banks provide parcels of land that provide habitat for
specified species. The banks offer credits to those with a mitigation
responsibility associated with a permit granted by a public agency
that requires compensation for impacts to wetlands, threatened or
endangered species, and other sensitive resources. The California
policy on conservation banks was established in 1995 by the Natural
Resources Agency and the California Environmental Protection Agency.
Other mitigation banking policies have been entered into by and
between state agencies and federal wildlife agencies including the
United States Fish and Wildlife Service, the United States Army Corps
of Engineers, and the United States Environmental Protection Agency.

   (c) The Department of Fish and Game has properly excluded from
mitigation and conservation banks those lands that do not support
significant biological resources or that cannot sustain their
biological viability. The department has also excluded other lands
from eligibility as mitigation banks, including, but not limited to,
lands that are themselves mitigation for previous projects, lands
designated as parks or open space or set aside by a legal settlement,
and lands acquired by a public entity.
   (d) Greater transparency of mitigation and conservation banks is
required to ensure that the mitigation requirements of affected
regulatory programs and permitting decisions are fully met and that
the accounting mechanisms used by mitigation banks to provide for
species are scientifically valid with appropriate public oversight.
The private and public mitigation banks or the private and public
entities to whom credits are sold should fully fund the
administrative and regulatory costs of the Department of Fish and
Game or other public agencies relating to the provision of banks.
   (e) The Department of Fish and Game has found that the
establishment and use of conservation and mitigation banks may result
in added ecological benefits and reduced administrative costs over
the more traditional forms of smaller, single-purpose mitigation
projects.
   (f) It is the intent of the Legislature to recognize that
mitigation banking and conservation banking are important programs of
the state and provide regulatory efficiencies, environmental
benefits, and economic advantages. Banks have demonstrated their
value and efficacy when properly developed and monitored and are
therefore an important tool in mitigating impacts to resources.
   1797.5.  For the purposes of this chapter, the following terms
shall have the following meanings:
   (a) "Bank" means a conservation bank, mitigation bank, or
conservation and mitigation bank.
   (b) "Bank enabling instrument" means a written agreement with the
department regarding the establishment, use, operation, and
maintenance of the bank.
   (c) "Bank sponsor" means the person or entity responsible for
establishing and operating a bank.
   (d) "Conservation bank" means a publicly or privately owned and
operated site that is to be conserved and managed in accordance with
a written agreement with the department on which important habitat,
including habitat for threatened, endangered, or other special status
species, exists, has been, or will be created to do any of the
following:
   (1) Compensate for take or other adverse impacts of activities
authorized pursuant to Chapter 1.5 (commencing with Section 2050) of
Division 3.
   (2) Reduce adverse impacts to fish or wildlife resources from
activities, authorized pursuant to Chapter 6 (commencing with Section
1600) of Division 2, to less than substantial.
   (3) Mitigate significant effects on the environment pursuant to
the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code) and Guidelines for
Implementation of the California Environmental Quality Act (Chapter 3
(commencing with Section 15000) of Division 6 of Title 14 of the
California Code of Regulations).
   (4) Establish mitigation in advance of any impacts or effects.
   (e) "Conservation easement" means a perpetual conservation
easement, as defined by Section 815.1 of the Civil Code, covering the
real property that comprises the bank site.
   (f) "Mitigation bank" means either of the following:
   (1) A bank site or mitigation bank site as defined by Section
1777.2.
   (2) Any publicly or privately owned and operated site, other than
those defined by Section 1777.2, on which wetlands exist, have been,
or will be created, and that is to be conserved and managed in
accordance with a written agreement with the department for any of
the purposes described in paragraphs (1) to (4), inclusive, of
subdivision (d).
   (g) "Person" has the meaning set forth in subdivision (b) of
Section 711.2.
   (h) "Prospectus" means a written summary of the proposed bank
containing a sufficient level of detail to support informed
department review and comment.
   1798.  (a) (1) Any person interested in establishing any bank with
the department may elect to submit an optional draft prospectus for
review by the department. Any draft prospectus shall be accompanied
by a draft prospectus review fee of one thousand five hundred dollars
($1,500) to fund the reasonable cost of the department's review
services. The draft prospectus review, while optional, is intended to
identify potential issues early so that the potential bank sponsor
may attempt to address those issues prior to initiating the formal
review process. The draft prospectus is a brief proposal submitted
when scoping the concept of a bank, contemplating pursuing a bank
idea, or for those new to the banking process.
   (2) No later than 30 calendar days after the department receives a
draft prospectus and review fee, the department shall make an
initial evaluation of the proposed concept and notify the person who
submitted the draft prospectus of potential issues identified by the
department.
   (b) (1) Any person seeking to establish a bank with the department
shall submit a bank prospectus to the department together with a
prospectus review fee of ten thousand dollars ($10,000) to fund the
reasonable cost of the department's review services. If a draft
prospectus and the review fee have been submitted pursuant to
subdivision (a), then the review fee of the bank prospectus shall be
eight thousand five hundred dollars ($8,500) so as not to exceed a
total fee of ten thousand dollars ($10,000).
   (2) The bank prospectus shall contain at least all of the
following information:
   (A) The proposed bank name.
   (B) Contact information, including, but not limited to, the bank
sponsor, property owner, and any consultants.
   (C) A general location map, address, and identification of the
amount of acreage of the site of the proposed bank.
   (D) A 7.5-minute United States Geological Survey map showing
proposed boundaries of the bank.
   (E) Color aerial photographs that reflect current conditions on
the site of the proposed bank and surrounding properties.
   (F) Description of how the bank will be established and operated,
including, but not limited to, proposed ownership arrangements,
long-term management strategy, and any phases.
   (G) Qualifications of bank sponsor.
   (H) Any preliminary biological resources surveys, including past,
current, and adjacent land uses, vegetation types, and species
information, as well as survey results that can support a finding by
the department that the proposed bank site has suitable habitat
values for a bank.
   (I) Map of proposed bank service areas.
                                            (J) Map depicting other
conserved lands in the vicinity of the proposed bank.
   (K) Description of bank objectives that includes how the proposed
bank would contribute to connectivity and ecosystem function.
   (L) A current preliminary report covering the site of the proposed
bank that identifies the owner of the fee simple title and shows the
property to be free and clear of any and all liens and encumbrances
that could interfere or conflict with the permanent protection of the
habitat values of the proposed bank.
   (M) Details of any previous public funding received for
acquisition or restoration of, or other purposes related to, the
proposed bank site.
   (c) No later than 30 calendar days after the department receives a
bank prospectus and the prospectus review fee, the department shall
determine whether or not the prospectus is complete and provide
written notice of its determination to the person who submitted the
prospectus. If a prospectus is not complete, it may be made complete
and resubmitted.
   (d) If the department determines that the prospectus is complete,
then within 90 calendar days of that determination, the department
shall determine whether or not the prospectus complies with
applicable provisions of this chapter and notify the person who
submitted the prospectus of the determination. The department may
request supplementary information during the prospectus review
process.
   (e) (1) If the department determines that a bank prospectus is
acceptable then a draft bank agreement package may be submitted in
accordance with Section 1798.5.
   (2) If the department determines that a bank prospectus is not
acceptable the department shall state the reasons for the
determination. The prospectus may be resubmitted in accordance with
subdivision (a) if further consideration is desired. Any resubmittal
must be accompanied by payment of a new prospectus review fee.
   (f) The department may adopt and amend guidelines and criteria for
the purposes of this section pursuant to subdivision (b) of Section
1799.1.
   1798.5.  (a) (1) If the department determines that a bank
prospectus is acceptable pursuant to Section 1798, the person seeking
to establish the bank may submit a bank agreement package to the
department. Pursuant to subdivision (b) of Section 1799.1, the
department may adopt and amend guidelines and criteria for the bank
agreement package, including, but not limited to, recommended
standard forms for bank enabling instruments or long-term management
plan and conservation easements.
   (2) The bank agreement package shall be consistent with the
prospectus and contain at least all of the following information:
   (A) The draft bank enabling instrument and all exhibits.
   (B) A draft interim management plan, long-term management plan,
bank closure plan, and, if applicable, a development or construction
plan for the bank.
   (C) A draft conservation easement.
   (D) A map and written description of the proposed bank service
area.
   (E) A proposed credit ledger and credit release schedule for the
bank.
   (F) A property analysis record or other comparable economic
analysis of the funding necessary to support bank maintenance
activities, such as monitoring and reporting, in perpetuity.
   (G) Estimates of financial assurances and proposed forms of
security. Proposed forms of security may be either cash or a letter
of credit.
   (H) A phase I environmental site assessment of the site of the
proposed bank dated not more than six months prior to the date the
bank agreement package is submitted to the department. This
assessment shall be performed in accordance with the American Society
of Testing and Materials Standard E1527-05 "Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process" or any successive ATSM standard active at the time of the
assessment.
   (b) The department shall collect a fee of twenty-five thousand
dollars ($25,000) per bank agreement package to fund the cost of the
department's review services. The fee shall be collected at the time
the bank agreement package is submitted to the department.
   (c) Within 30 calendar days following the department's receipt of
a bank agreement package and fee pursuant to subdivision (a), the
department shall determine whether or not the package is complete and
give written notice of the determination to the person who submitted
the package.
   (1) If the department determines that the bank agreement package
is not complete, it may be made complete and resubmitted.
   (2) If the department determines that the bank agreement package
is complete, within 90 calendar days of that determination, the
department shall determine whether or not it complies with applicable
provisions of this chapter and notify the person who submitted the
package of the determination. If the department determines that the
bank agreement package is not acceptable, the department shall
provide notice stating the reasons.
   (d) (1) The department may request supplemental information during
the bank agreement review process if either of the following occur:
   (A) There is new or revised information submitted by the person
seeking to establish the bank or requested by the department as
necessary to adequately describe the proposed bank and its
operations.
   (B) Substantial proposed changes to a draft bank agreement
package, including, but not limited to, parties, number or type of
credits, bank size, number or type of species, credit release
schedule, service area, design change, or other substantial changes
as identified by the department.
   (2) The department shall assess a fee of seven thousand five
hundred dollars ($7,500) to fund the reasonable cost of the
department's services for new or revised information pursuant to this
subdivision. For review of any substantial change, the department
shall assess a fee of fifteen thousand dollars ($15,000) to fund the
reasonable cost of the department's services.
   (3) The department may charge a fee in addition to the fee
specified in paragraph (2) to cover its reasonable costs if either of
the occurrences in paragraph (1) occur after the department
determines the package to be complete.
   (4) Upon receipt of any new or revised information or substantial
proposed change, a new 30-day period shall begin during which the
department shall determine the completeness of the bank agreement
package, followed by a new 90-day period for the department to
determine acceptability pursuant to subdivision (c). If the
department determines that 90 days is insufficient time to complete
its review of the bank agreement package for reasons including, but
not limited to, the size, location, or complexity of the bank, that
the package includes a development or construction plan, complexity
of the bank agreement package, or substantial variations from
recommended standard forms, the department may extend the 90-day
period for reviewing the bank agreement package by an additional 60
calendar days.
   (e) If the department determines that a bank agreement package is
not acceptable, then the package may be resubmitted in accordance
with subdivision (a) if further consideration is desired. Any
resubmittal must be accompanied by payment of a new bank agreement
package review fee.
   1798.6.  (a) Any person seeking to amend any department approved
bank shall submit to the department a complete bank amendment package
containing each of the original bank agreement package documents as
well as any documents proposed to be amended or that would be
affected by the proposed amendment. The department may adopt and
amend guidelines and criteria for the bank amendment package pursuant
to subdivision (b) of Section 1799.1.
   (b) (1) Within 30 calendar days following its receipt of a draft
bank amendment package and any fee required by subdivision (c), the
department shall determine whether or not the package is complete and
give written notice of that determination to the person who
submitted the package.
   (2) If the department determines that the bank amendment package
is complete, then within 90 calendar days of that determination, the
department shall determine whether or not the package is acceptable
and notify the person who submitted the package of that
determination. If the bank amendment package is determined not to be
acceptable, the determination shall state the reasons. The department
may request supplemental information during the bank amendment
review process. The department may extend the 90-day period for
reviewing the bank amendment package by an addition 60 days if the
department determines that 90 days is insufficient time to complete
its review of a bank amendment package for reasons that may include,
but are not limited to, the size, location, or complexity of the bank
or bank amendment documents, that the package includes a development
plan, or that there are substantial variations from recommended
standard forms.
   (c) (1) The department shall collect a fee of seven thousand five
hundred dollars ($7,500) or twenty-five thousand dollars ($25,000)
per bank amendment package to fund the reasonable cost of the
department's review services. The fee shall be determined by the
department based on the complexity of the proposed amendment.
   (2) An initial fee of seven thousand five hundred dollars ($7,500)
shall be submitted to the department with the bank amendment
package.
   (3) Within 30 calendar days following the department's receipt of
a bank amendment package and the initial fee, pursuant to paragraph
(2), the department shall determine whether or not the package is
complete and give written notice of the determination to the person
who submitted it along with notice of whether the person shall remit
an additional fee of seventeen thousand five hundred dollars
($17,500).
   (4) If the department determines that the bank amendment package
is not complete, the package may be made complete and resubmitted. If
the department determines that the bank amendment package is
complete, then within 90 calendar days of that determination and the
receipt of the additional fee pursuant to paragraph (3), if
applicable, the department shall determine whether or not the bank
amendment package is acceptable and notify the person who submitted
the package of the determination.
   (d) (1) If the department determines that the bank amendment
package is not acceptable the determination shall state the reasons.
   (2) The department may request supplemental information during the
bank amendment review process if either of the following occur:
   (A) There is new or revised information submitted by the person
seeking to amend the bank or requested by the department as necessary
to adequately describe the proposed amended bank and its operations.

   (B) Substantial proposed changes to a bank agreement package,
including, but not limited to, parties, number or type of credits,
bank size, number or type of species, credit release schedule,
service area, design change, or other substantial changes as
identified by the department.
   (3) The department may charge a fee in addition to the fee
specified in subdivision (c) to cover its reasonable costs if either
of the occurrences in paragraph (2) occur after the department
determines the package to be complete. For review of new or revised
information, the department shall assess a fee of seven thousand five
hundred dollars ($7,500) to fund the reasonable cost of the
department's services. For review of any substantial change, the
department shall assess a fee of fifteen thousand dollars ($15,000)
to fund the reasonable cost of the department's services.
   (4) Upon receipt of any new or revised information or substantial
proposed change, a new 30-day period shall begin during which the
department shall determine the completeness of the bank amendment
package, followed by a new 90-day period for the department to
determine acceptability pursuant to subdivision (c). If the
department determines that 90 days is insufficient time to complete
its review of the bank amendment package for reasons including, but
not limited to, the size, location, or complexity of the bank, that
the package includes a development or construction plan, complexity
of the bank amendment package, or substantial variations from
recommended standard forms, the department may extend the 90-day
period for reviewing the bank amendment package by an additional 60
calendar days.
   (e) If the department determines that a bank amendment package is
incomplete, then the package may be resubmitted in accordance with
subdivision (a) if further consideration is desired. Any resubmittal
must be accompanied by payment of all applicable bank amendment
package review fees.
   1798.7.  A bank prospectus, agreement, or amendment package
submitted to the department, but not approved as of January 1, 2013,
shall be reviewed for completeness or acceptability in accordance
with the timelines provided by this chapter and only after the
department has collected all appropriate fees pursuant to this
chapter.
   1799.  (a) Until the department has approved a bank, in writing,
and a conservation easement has been recorded on the site, no bank
shall be operative, vested, or final, nor bank credits issued. No
amendment to an approved bank shall be effective without the written
approval of the department.
   (b) Following approval of a final bank agreement package and
establishment of a bank, the department shall conduct compliance
review activities as provided in the approved bank enabling
instrument.
   (c) The department shall establish and maintain a database that
allows bank sponsors to accurately update and add information about
mitigation and conservation banks. This data shall be available on
the department's Internet Web site or by a link from the department's
Internet Web site to an appropriate federal or state agency
designated Internet Web site. The available information shall
include, but is not limited to, the total number of each type of bank
credit, the types of credits sold or obligated, the number of
credits sold or obligated, the number of credits applied, the balance
of each type of credit remaining, the status of the species and
habitat at the mitigation or conservation bank, links to the bank's
long-term management plans, and links to the complete annual
monitoring reports required by departmental policy.
   (d) (1) The department shall collect fees to pay for all or a
portion of the department's bank implementation and compliance costs.

   (2) The department shall collect from the bank sponsor a fee of
two hundred fifty dollars ($250) per each credit sold, to pay for all
or a portion of, the department's reasonable costs of performing
bank implementation and compliance. The per-credit payments shall be
submitted annually at the time of the submission of the bank's annual
report. The department may require the bank to cease selling credits
and may stop credit releases until these fees are paid in full. The
department shall assess a penalty of 10 percent of the amount of fees
due for a failure to remit the amount payable when due.
   1799.1.  (a) The department shall annually adjust the fees in this
chapter pursuant to Section 713.
   (b) Moneys received pursuant to this chapter shall be deposited in
a separate dedicated account within the Fish and Game Preservation
Fund and expended for the purposes of this chapter.
   (c) The department may adopt and amend guidelines and criteria to
implement this chapter. The department shall develop these guidelines
and criteria in coordination with interested parties, including, but
not limited to, bank sponsors, and federal and state bank approving
agencies. Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code shall not apply to the
development, adoption, or amendment, of guidelines or criteria
pursuant to this section. The guidelines and criteria shall be posted
on the department's Internet Web site.
   (d) Notwithstanding Section 12000, failure to pay any fee pursuant
to this chapter is not a crime. 
   SEC. 16.    Section 2014 of the   Fish and
Game Code   is amended to read: 
   2014.  (a) It is the policy of this state to conserve its natural
resources and to prevent the willful or negligent destruction of
birds, mammals, fish, reptiles, or amphibia.
   The state  and those acting as trustees for fish and wildlife
 may recover damages in a civil action against any person or
local agency  which   that  unlawfully or
negligently takes or destroys any  wildlife,  
including, but not limited to, a  bird, mammal, fish, reptile,
or amphibian protected by the laws of this state.
   (b) The measure of damages is the amount which will compensate for
all the detriment proximately caused by the destruction of the
birds, mammals, fish, reptiles, or amphibia.
   (c)  (1)    An action to recover damages under
this section shall be brought in the name of the people of the state,
in a court of competent jurisdiction in the county in which the
cause of action arose. The State Water Resources Control Board shall
be notified of, and may join in, any action brought under this
section when the activities alleged to have caused the destruction of
any bird, mammal, fish, reptile, or amphibian may involve either the
unlawful discharge of pollutants into the waters of the state or
other violation of Division 7 (commencing with Section 13000) of the
Water Code. 
   (2) If after reasonable notice of not less than 60 days, the
department fails to act in its statutory role as parens patriae for
fish and wildlife, a trustee with standing to protect fish and
wildlife may petition and seek damages, injunctive relief, and
appropriate civil penalties in an action before the superior court
with jurisdiction over the take and destruction of wildlife protected
by the laws of this state, provided that damages for fish and
wildlife and the reasonable costs of the department are paid to the
department. 
   (d) This section does not apply to persons or local agencies
engaged in agricultural pest control, to the destruction of fish in
irrigation canals or works or irrigation drainages, or to the
destruction of birds or mammals killed while damaging crops as
provided by law.
   (e) No damages may be recovered against a local agency pursuant to
this section if civil penalties are assessed against the local
agency for the same detriment pursuant to Division 7 (commencing with
Section 13000) of the Water Code.
   (f) Any recovery or settlement of money damages, including, but
not limited to, civil penalties, arising out of any civil action
filed and maintained by the Attorney General in the enforcement of
this section shall be deposited by the department in the subaccounts
of the Fish and Wildlife Pollution Account in the Fish and Game
Preservation Fund as specified in Section 13011.
   (g) For purposes of this section, "local agency" includes any
city, county, city and county, district, public authority, or other
political subdivision.
   SEC. 17.    Section 2860 of the   Fish and
Game Code   is amended to read: 
   2860.  (a) The  commission   department 
may regulate commercial and recreational fishing and any other
taking of marine species in MPAs.
   (b) Notwithstanding any other provision of this code, the taking
of a marine species in a marine life reserve is prohibited for any
purpose, including recreational and commercial fishing, except that
the  commission   department  may authorize
the taking of a marine species for scientific purposes, consistent
with the purposes of this chapter, under a scientific collecting
permit issued by the department.
   SEC. 18.    Section 2861 of the   Fish and
Game Code   is amended to read: 
   2861.  (a) The  commission   department 
shall, annually until the master plan is adopted and thereafter at
least every three years, receive, consider, and promptly act upon
petitions from any interested party, to add, delete, or modify MPAs,
favoring those petitions that are compatible with the goals and
guidelines  of this chapter   as reflected in
subdivisions (b) and (c) of Section 2853 and subdivisions (b) to (e),
inclusive, of Section 2857  . 
   (b) The department shall establish a process for external peer
review of the scientific basis for proposed additions, deletions, or
modifications of MPAs, including, but not limited to, any proposed
changes originating in the department.  
   (c) Prior to consideration of its recommended action on petitions
received to add, delete, or modify MPAs, the department shall convene
a siting workshop in the biogeographical region of the proposed MPA
change, composed of interested parties, to review the alternatives
for MPA modification and to provide advice on a recommended action on
the proposed modification of the MPA. A siting workshop shall not be
required for minor boundary changes.  
   (b) 
    (d)  Prior to the adoption of a new MPA or the
modification of an existing MPA that would make inoperative a
statute, the commission shall provide a copy of the proposed MPA to
the Legislature for review by the Joint Committee on Fisheries and
Aquaculture or, if there is no such committee, to the appropriate
policy committee in each house of the Legislature. 
   (c) 
    (e)  Nothing in this chapter restricts any existing
authority of the department or the commission to make changes to
improve the management or design of existing MPAs or designate new
MPAs prior to the completion of the master plan. The commission may
abbreviate the master plan process to account for equivalent
activities that have taken place before enactment of this chapter,
providing that those activities are consistent with this chapter.
   SEC. 19.    Section 2864 is added to the  
Fish and Game Code  , to read:  
   2864.  Every seven years, the department shall conduct a review of
the effectiveness of the statewide MPA network as a whole in
achieving the goals of this chapter. The department shall report the
results of the review and any proposals for changes to the MPA
network to the Secretary for Natural Resources in the form required
by the secretary. Any modifications to the MPA network or to an
individual MPA shall be considered pursuant to Section 2861. 

  SEC. 8.    Section 3031 of the Fish and Game Code
is amended to read:
   3031.  (a) A hunting license, granting the privilege to take birds
and mammals, shall be issued to any of the following:
   (1) A resident of this state, 16 years of age or older, upon the
payment of a base fee as determined pursuant to subdivision (b).
   (2) A resident or nonresident, who is under 16 years of age on
July 1 of the licensing year, upon the payment of a base fee as
determined pursuant to subdivision (b), regardless of whether that
person applies before or after July 1 of that year.
   (3) A nonresident, 16 years of age or older, upon the payment of a
base fee as determined pursuant to subdivision (b).
   (4) A nonresident, 16 years of age or older, valid only for two
consecutive days upon payment of the fee set forth in paragraph (1).
A license issued pursuant to this paragraph is valid only for taking
resident and migratory game birds, resident small game mammals,
fur-bearing mammals, and nongame mammals, as defined in this code or
in regulations adopted by the commission.
   (5) A nonresident, valid for one day and only for the taking of
domesticated game birds and pheasants while on the premises of a
licensed game bird club, or for the taking of domesticated migratory
game birds in areas licensed for shooting those birds, upon the
payment of a base fee as determined pursuant
                      to subdivision (b).
   (b) The commission shall establish base fees for hunting licenses
described in subdivision (a) in an amount sufficient to recover all
reasonable administrative and implementation costs of the department
and commission relating to those licenses. The base fees specified in
this section are applicable to the 2013 license year, and shall be
adjusted annually thereafter pursuant to Section 713.
   SEC. 20.    Section 3031 of the   Fish and
Game Code   is amended to read: 
   3031.  (a) A hunting license, granting the privilege to take birds
and mammals, shall be issued to any of the following:
   (1) A resident of this state, 16 years of age or older, upon the
payment of a base fee of thirty-one dollars and twenty-five cents
($31.25).
   (2) A resident or nonresident, who is under 16 years of age on
July 1 of the licensing year, upon the payment of a base fee of eight
dollars and twenty-five cents ($8.25), regardless of whether that
person applies before or after July 1 of that year.
   (3) A nonresident, 16 years of age or older, upon the payment of a
base fee of one hundred eight dollars and fifty cents ($108.50).
   (4) A nonresident, 16 years of age or older, valid only for two
consecutive days upon payment of the fee set forth in paragraph (1).
A license issued pursuant to this paragraph is valid only for taking
resident and migratory game birds, resident small game mammals,
fur-bearing mammals, and nongame mammals, as defined in this code or
in regulations adopted by the commission.
   (5) A nonresident, valid for one day and only for the taking of
domesticated game birds and pheasants while on the premises of a
licensed game bird club, or for the taking of domesticated migratory
game birds in areas licensed for shooting those birds, upon the
payment of a base fee of fifteen dollars ($15).
   (b) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713. 
   (c) The commission shall adjust the amount of the fees specified
in subdivision (b), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses. 
   SEC. 21.   Section 4006 of the   Fish and
Game Code   is amended to read: 
   4006.   (a)    A trapping license shall be
issued as follows: 
   (a) 
    (1)  To any resident of this state over the age of 16
years upon payment of a base fee of forty-five dollars ($45), as
adjusted under Section 713. 
   (b) 
    (2)  To any resident of this state under the age of 16
years upon payment of a base fee of fifteen dollars ($15), as
adjusted under Section 713. 
   (c) 
    (3)  To any person not a resident of this state upon
payment of a base fee of two hundred twenty-five dollars ($225), as
adjusted under Section 713. 
    A 
    (b)     A  license shall not be issued
to a nonresident if the state in which he or she resides does not
provide for issuance of a nonresident trapping license to California
residents. Also, a nonresident issued a license under this
subdivision may take only those species, and may take or possess only
that quantity of a species which a resident of California may take
or possess under a nonresident trapping license or permit in the
state of residence of that nonresident. 
   (c) The commission shall adjust the amount of the fees specified
in subdivision (a), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses. 

  SEC. 9.    Section 6596 of the Fish and Game Code
is amended to read:
   6596.  (a) In addition to a valid California sport fishing license
and any other applicable license stamp issued pursuant to this code,
a person taking fish from ocean waters south of a line extending due
west from Point Arguello for purposes other than for profit shall
have a valid sport fishing ocean enhancement stamp permanently
affixed to his or her fishing license. A sport fishing ocean
enhancement stamp shall be issued upon payment of a base fee
established by the commission in an amount sufficient to recover all
reasonable administrative and implementation costs of the department
and commission relating to the stamp. A sport fishing license issued
pursuant to paragraph (4) or (5) of subdivision (a) of Section 7149
is not subject to this subdivision.
   (b) In addition to a valid California commercial passenger fishing
boat license issued pursuant to Section 7920, the owner of any boat
or vessel who, for profit, permits any person to fish therefrom,
south of a line extending due west from Point Arguello, shall have a
valid commercial fishing ocean enhancement stamp issued for that
vessel that has not been suspended or revoked.
   (c) Any person who takes, possesses aboard a boat, or lands any
white sea bass for commercial purposes, south of a line extending due
west from Point Arguello, shall have a valid commercial fishing
ocean enhancement stamp issued to that person that has not been
suspended or revoked.
   (d) The commission shall establish a base fee for a commercial
fishing ocean enhancement stamp in an amount sufficient to recover
all reasonable administrative and implementation costs of the
department and commission relating to the stamp.
   (e) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
   (f) The base fees specified in this section are applicable to the
2013 license year, and shall be adjusted annually thereafter pursuant
to Section 713. 
   SEC. 22.    Section 6596 of the   Fish and
Game Code   is amended to read: 
   6596.  (a) In addition to a valid California sport fishing license
and any other applicable license stamp issued pursuant to this code,
a person taking fish from ocean waters south of a line extending due
west from Point Arguello for purposes other than for profit shall
have a valid sport fishing ocean enhancement stamp permanently
affixed to his or her fishing license. A sport fishing ocean
enhancement stamp shall be issued upon payment of a base fee of three
dollars and fifty cents ($3.50). A sport fishing license issued
pursuant to paragraph (4) or (5) of subdivision (a) of Section 7149
is not subject to this subdivision.
   (b) In addition to a valid California commercial passenger fishing
boat license issued pursuant to Section 7920, the owner of any boat
or vessel who, for profit, permits any person to fish therefrom,
south of a line extending due west from Point Arguello, shall have a
valid commercial fishing ocean enhancement stamp issued for that
vessel that has not been suspended or revoked.
   (c) Any person who takes, possesses aboard a boat, or lands any
white sea bass for commercial purposes, south of a line extending due
west from Point Arguello, shall have a valid commercial fishing
ocean enhancement stamp issued to that person that has not been
suspended or revoked.
   (d) The base fee for a commercial fishing ocean enhancement stamp
is thirty-five dollars ($35).
   (e) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
   (f) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713. 
   (g) The commission shall adjust the amount of the fees specified
in subdivision (f), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses. 

  SEC. 10.    Section 6596.1 of the Fish and Game
Code is amended to read:
   6596.1.  (a) In addition to a valid California sport fishing
license and any other applicable license validation issued pursuant
to this code, a person taking fish from ocean waters south of a line
extending due west from Point Arguello for purposes other than for
profit shall have a valid sport fishing ocean enhancement validation
permanently affixed to his or her fishing license. A sport fishing
ocean enhancement validation shall be issued upon payment of a base
fee established by the commission in an amount sufficient to recover
all reasonable administrative and implementation costs of the
department and commission relating to the validation. A sport fishing
license issued pursuant to paragraph (4) or (5) of subdivision (a)
of Section 7149.05 is not subject to this subdivision.
   (b) In addition to a valid California commercial passenger fishing
boat license issued pursuant to Section 7920, the owner of any boat
or vessel who, for profit, permits any person to fish therefrom,
south of a line extending due west from Point Arguello, shall have a
valid commercial fishing ocean enhancement validation issued for that
vessel that has not been suspended or revoked.
   (c) Any person who takes, possesses aboard a boat, or lands any
white sea bass for commercial purposes south of a line extending due
west from Point Arguello, shall have a valid commercial fishing ocean
enhancement validation issued to that person that has not been
suspended or revoked.
   (d) The commission shall establish a base fee for a commercial
fishing ocean enhancement validation in an amount sufficient to
recover all reasonable administrative and implementation costs of the
department and commission relating to the validation.
   (e) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
   (f) The base fees specified in this section are applicable to the
2013 license year, and shall be adjusted annually thereafter pursuant
to Section 713. 
   SEC. 23.    Section 6596.1 of the   Fish and
Game Code   is amended to read: 
   6596.1.  (a) In addition to a valid California sport fishing
license and any other applicable license validation issued pursuant
to this code, a person taking fish from ocean waters south of a line
extending due west from Point Arguello for purposes other than for
profit shall have a valid sport fishing ocean enhancement validation
permanently affixed to his or her fishing license. A sport fishing
ocean enhancement validation shall be issued upon payment of a base
fee of three dollars and fifty cents ($3.50). A sport fishing license
issued pursuant to paragraph (4) or (5) of subdivision (a) of
Section 7149.05 is not subject to this subdivision.
   (b) In addition to a valid California commercial passenger fishing
boat license issued pursuant to Section 7920, the owner of any boat
or vessel who, for profit, permits any person to fish therefrom,
south of a line extending due west from Point Arguello, shall have a
valid commercial fishing ocean enhancement validation issued for that
vessel that has not been suspended or revoked.
   (c) Any person who takes, possesses aboard a boat, or lands any
white sea bass for commercial purposes south of a line extending due
west from Point Arguello, shall have a valid commercial fishing ocean
enhancement validation issued to that person that has not been
suspended or revoked.
   (d) The base fee for a commercial ocean fishing enhancement
validation is thirty-five dollars ($35).
   (e) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
   (f) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713. 
   (g) The commission shall adjust the amount of the fees specified
in subdivision (f), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses. 

  SEC. 11.    Section 7149 of the Fish and Game Code
is amended to read:
   7149.  (a) A sport fishing license granting the privilege to take
any fish, reptile, or amphibia anywhere in this state for purposes
other than profit shall be issued to any of the following:
   (1) A resident 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee as determined pursuant
to subdivision (d).
   (2) A nonresident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee as determined pursuant
to subdivision (d).
   (3) A nonresident, 16 years of age or older, for the period of 10
consecutive days beginning on the date specified on the license upon
payment of the fee set forth in paragraph (1).
   (4) A resident or nonresident, 16 years of age or older, for two
consecutive designated calendar days, upon payment of one-half of the
fee set forth in paragraph (1). Notwithstanding Section 1053, more
than one two-day license issued for different two-day periods may be
issued to, or possessed by, a person at one time.
   (5) A resident or nonresident, 16 years of age or older, for one
designated day, upon payment of a base fee as determined pursuant to
subdivision (d).
   (b) California sport fishing license stamps shall be issued by
authorized license agents in the same manner as sport fishing
licenses, and no compensation may be paid to the authorized license
agent for issuing the stamps except as provided in Section 1055.
   (c) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
   (d) The commission shall establish base fees for sport fishing
licenses described in subdivision (a) in an amount sufficient to
recover all reasonable administrative and implementation costs of the
department and commission relating to those licenses. The base fees
specified in this section are applicable to the 2013 license year,
and shall be adjusted annually thereafter pursuant to Section 713.

   SEC. 24.    Section 7149 of the   Fish and
Game Code   is amended to read: 
   7149.  (a) A sport fishing license granting the privilege to take
any fish, reptile, or amphibia anywhere in this state for purposes
other than profit shall be issued to any of the following:
   (1) A resident 16 years of age or older, for the period of 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).
   (2) A nonresident, 16 years of age or older, for the period of 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).
   (3) A nonresident, 16 years of age or older, for the period of 10
consecutive days beginning on the date specified on the license upon
payment of the fee set forth in paragraph (1).
   (4) A resident or nonresident, 16 years of age or older, for two
consecutive designated calendar days, upon payment of half of the fee
set forth in paragraph (1). Notwithstanding Section 1053, more than
one two-day license issued for different two-day periods may be
issued to, or possessed by, a person at one time.
   (5) A resident or nonresident, 16 years of age or older, for one
designated day, upon payment of a base fee of ten dollars ($10).
   (b) California sport fishing license stamps shall be issued by
authorized license agents in the same manner as sport fishing
licenses, and no compensation may be paid to the authorized license
agent for issuing the stamps except as provided in Section 1055.
   (c) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
   (d) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713. 
   (e) The commission shall adjust the amount of the fees specified
in subdivision (d), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses. 

  SEC. 12.    Section 7149.05 of the Fish and Game
Code is amended to read:
   7149.05.  (a) A sport fishing license granting the privilege to
take any fish, reptile, or amphibian anywhere in this state for
purposes other than profit shall be issued to any of the following:
   (1) A resident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee as determined pursuant
to subdivision (d).
   (2) A nonresident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee as determined pursuant
to subdivision (d).
   (3) A nonresident, 16 years of age or older for the period of 10
consecutive days beginning on the date specified on the license upon
payment of the fee set forth in paragraph (1).
   (4) A resident or nonresident, 16 years of age or older, for two
designated days, upon payment of one-half of the fee set forth in
paragraph (1). Notwithstanding Section 1053, more than one single day
license issued for different days may be issued to, or possessed by,
a person at one time.
   (5) A resident or nonresident, 16 years of age or older, for one
designated day upon payment of a base fee as determined pursuant to
subdivision (d).
   (b) California sport fishing license validations shall be issued
by authorized license agents in the same manner as sport fishing
licenses, and no compensation shall be paid to the authorized license
agent for issuing the validations except as provided in Section
1055.1.
   (c) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
   (d) The commission shall establish base fees for sport fishing
licenses described in subdivision (a) in an amount sufficient to
recover all reasonable administrative and implementation costs of the
department and commission relating to those licenses. The base fees
specified in this section are applicable to the 2013 license year,
and shall be adjusted annually thereafter pursuant to Section 713.

   SEC. 25.    Section 7149.05 of the   Fish
and Game Code   is amended to read: 
   7149.05.  (a) A sport fishing license granting the privilege to
take any fish, reptile, or amphibia anywhere in this state for
purposes other than profit shall be issued to any of the following:
   (1) A resident, 16 years of age or older, for the period of 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).
   (2) A nonresident, 16 years of age or older, for the period of 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).
   (3) A nonresident, 16 years of age or older for the period of 10
consecutive days beginning on the date specified on the license upon
payment of the fee set forth in paragraph (1).
   (4) A resident or nonresident, 16 years of age or older, for two
designated days, upon payment of half the fee set forth in paragraph
(1). Notwithstanding Section 1053, more than one single day license
issued for different days may be issued to, or possessed by, a person
at one time.
   (5) A resident or nonresident, 16 years of age or older, for one
designated day upon payment of a base fee of ten dollars ($10).
   (b) California sport fishing license validations shall be issued
by authorized license agents in the same manner as sport fishing
licenses, and no compensation shall be paid to the authorized license
agent for issuing the validations except as provided in Section
1055.1.
   (c) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
   (d) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713. 
   (e) The commission shall adjust the amount of the fees specified
in subdivision (d), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses. 
   SEC. 26.    Section 7260 of the   Fish and
Game Code   is amended to read: 
   7260.  (a) The Legislature finds and declares  that
  all of the following: 
    (1)    California has the greatest biodiversity
of native trout species of any state in the nation. Trout can be
found in more than 18,000 miles of California's cooler streams.
California's trout are the principal sport fish in 3,581 cold-water
lakes and reservoirs. 
   (2) Self-sustaining native trout populations in "Heritage Trout
Waters" that retain and promote genetic trout diversity and overall
sustainable watershed and ecosystem environmental health are state
policy.  
   (b) Funding for "Heritage Trout Waters" is a priority for the
Hatchery and Inland Fisheries Fund.  
   (b) 
    (   c)  The commission may designate "Heritage
Trout Waters" to recognize the beauty, diversity, historical
significance, and special values of California's native trout. The
commission's designation shall meet both of the following criteria:
   (1) Only waters supporting populations that best exemplify
indigenous strains of native trout within their historic drainages
may qualify for designation.
   (2) Only waters providing anglers with an opportunity to catch
native trout consistent with the conservation of the native trout may
qualify for designation. 
   (3) Any stocking of heritage trout waters shall meet the criteria
established by Chapter 7.2 (commencing with Section 1725) of Division
2. 
   SEC. 27.    Section 7852 of the   Fish and
Game Code   is amended to read: 
   7852.  (a) The department shall issue a commercial fishing license
to any resident who is 16 years of age or older, upon payment of a
base fee of ninety-five dollars ($95) for each resident vessel
crewmember or resident vessel operator.
   (b) The department shall issue a commercial fishing license to any
nonresident who is 16 years of age or older, upon payment of a base
fee of two hundred eighty-five dollars ($285) for a nonresident
vessel crewmember or nonresident vessel operator.
   (c) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713. 
   (d) The commission shall adjust the amount of the fees specified
in subdivision (c), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses. 

   (d) 
    (e)  Nothing in this section affects any other provision
of law relating to the employment of minors.
   SEC. 28.    Section 7881 of the   Fish and
Game Code   is amended to read: 
   7881.  (a) Every person who owns or operates a vessel in public
waters in connection with fishing operations for profit in this
state, or who brings fish into this state, or who, for profit,
permits persons to fish therefrom, shall submit an application for
commercial boat registration on forms provided by the department and
shall be issued a registration number.
   (b) A commercial boat registration may be issued to any resident
owner or operator of a vessel upon payment of a base fee of two
hundred fifty dollars ($250). The commercial boat registration shall
be carried aboard the vessel at all times, and shall be posted in a
conspicuous place.
   (c) A commercial boat registration may be issued to any
nonresident owner or operator of a vessel upon payment of a base fee
of seven hundred fifty dollars ($750). The commercial boat
registration shall be carried aboard the vessel at all times and
shall be posted in a conspicuous place.
   (d) If a registered vessel is lost, destroyed, or sold, the owner
of the vessel shall immediately report the loss, destruction, or sale
to the department.
   (e) This section does not apply to any person required to be
licensed as a guide pursuant to Section 2536.
   (f) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713. 
   (g) The commission shall adjust the amount of the fees specified
in subdivision (f), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses. 
                                             SEC. 29.   
Section 8032 of the   Fish and Game Code   is
amended to read: 
   8032.  (a) A commercial fish business license shall be issued
which authorizes any or all activities described in Section 8033,
8034, 8035, or 8036. The annual fee for this license is one thousand
three hundred seventy-three dollars ($1,373).
   (b) Specialty licenses for part of, but not all, activities
described in subdivision (a) shall be issued in five classes, as
follows:
   (1) Fish receiver's license, issued to any person engaged in the
business of receiving fish as provided in Section 8033.
   (2) Marine aquaria receiver's license, issued to any person
engaged in the business of receiving live marine species indigenous
to California waters from a person required to be a licensed
commercial fisherman for the purpose of wholesaling or retailing
those species for pet industry or hobby purposes as provided in
Section 8033.1.
   (3) Fish processor's license, issued to any person engaged in the
business of processing fish as provided in Section 8034.
   (4) Fish wholesaler's license, issued to any person who is engaged
in the business of wholesaling fish as provided in Section 8035.
   (5) Fish importer's license, issued to any person who is engaged
in the business of importing fish as provided in Section 8036. 
   (c) The commission shall adjust the amount of the fee specified in
subdivision (a), as necessary, to fully recover, but not exceed, all
reasonable administrative and implementation costs of the department
and the commission relating to those licenses. 
   SEC. 30.    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 strict liability offense
punishable as  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. 31.    Section 13007 of the   Fish and
Game Code   is amended to read: 
   13007.  (a) Notwithstanding Section 13001 and paragraph (1) of
subdivision (a) of Section 13005, commencing July 1, 2006, 331/3
percent of all sport fishing license fees collected pursuant to
Article 3 (commencing with Section 7145) of Chapter 1 of Part 2 of
Division 6, except license fees collected pursuant to Section 7149.8,
shall be deposited into the Hatchery and Inland Fisheries Fund,
which is hereby established in the State Treasury. Moneys in the fund
may be expended, upon appropriation by the Legislature,  to
support programs of the Department of Fish and Game related to the
management, maintenance, and capital improvement of California's fish
hatcheries, the Heritage and Wild Trout Program, and enforcement
activities related thereto, and to support other activities eligible
to be funded from revenue generated by sport fishing license fees
  for the purposes of promoting angling opportunities
and the conservation of wild and native trout, and ensuring thriving,
self-sustaining native trout populations throughout their historic
ranges consistent with the Strategic Plan for Trout Management and
Chapter 7.2 (commenci  ng with Section 1725) of Division 2
 .
   (b) The sport fishing license fees collected and subject to
appropriation pursuant to subdivision (a) shall be used for the
following purposes:
   (1) For the department's attainment of  the following
  a state hatchery  production  goals for
state hatcheries   goal of 2.75 pounds of released trout
per sport fishing license sold in the calendar year ending two and
one-half years earlier  , based on the sales of the following
types of sport fishing licenses: resident; lifetime; nonresident
year; nonresident, 10-day; 2-day; 1-day; and reduced fee.  Th
  e predominant number of released fish shall be of
catchable size or larger. The department shall attain this goal in
compliance with Fish and Game Commission trout policies concerning
catchable-sized trout stocking.  
   (A) By July 1, 2007, a minimum of 2.25 pounds of released trout
per sport fishing license sold in 2006, 1.75 pounds of which must be
of catchable size or larger.  
   (B) By July 1, 2008, a minimum of 2.5 pounds of released trout per
sport fishing license sold in 2007, 2.0 pounds of which must be of
catchable size or larger. 
   (C) By July 1, 2009, and thereafter, a minimum of 2.75 pounds of
released trout per sport fishing license sold in 2008, 2.25 pounds of
which must be of catchable size or larger.  
   (D) The department shall attain these goals in compliance with
Fish and Game Commission trout policies concerning catchable-sized
trout stocking. 
   (2) To the Heritage and Wild Trout Program, two million dollars
($2,000,000),  which shall be used for permanent positions
and seasonal aides in each region of the state as necessary, and
other activities necessary to the program.   for the
following purposes: 
   (A)  The funds allocated pursuant to this paragraph shall
be used to fund   At least  seven new 
permanent  positions for the Heritage and Wild Trout Program.
   (B)  In addition to the seven new positions specified in
subparagraph (A), the department may hire   Permanent
positions and  seasonal aides in each region of the state
 to assist with the operations of the Heritage and Wild Trout
Program   as necessary to contribute to the objectives
of this section, the objectives of the Strategic Plan for Trout
Management pursuant to Section 1728, and other activities necessary
to the program  . 
   (C) The development of trout management plans pursuant to Chapter
7.2 (commencing with Section 1725) of Division 2.  
   (D) Up to 25 percent of the funds made available to the Heritage
and Wild Trout Program may be expended for watershed restoration
projects, resource assessment, or scientific inquiry. The department
may enter into contracts with qualified entities including local
governments, special districts, tribes, and nonprofit organizations
for the purposes of this subparagraph.  
   (3) For the development of the department's Strategic Plan for
Trout Management pursuant to Section 1728.  
   (3) 
    (4)  The department shall  , by January 1, 2012,
 ensure that the numbers of native California trout, as
defined in Section 7261, produced are sufficient to equal or exceed
25 percent of the numbers of trout produced by the state fish
hatcheries to comply with paragraph (1). The native trout produced in
accordance with this paragraph shall support department efforts to
protect and restore cold water ecosystems, maintain biological
diversity, and provide diverse angling opportunities. Coastal rainbow
trout/steelhead produced for anadromous mitigation purposes shall be
excluded from contributing to the native trout production goals
required by this paragraph. Coastal rainbow trout/steelhead
propagated for purposes other than anadromous mitigation and released
into their source watersheds may be counted toward the 25 percent
native trout production goal. Native trout produced shall be
naturally indigenous stocks from their original source watersheds.
Native trout produced may be released into watersheds other than
their original source watershed only if the released trout will cause
no harm to other native trout  or other biota  in their
original watersheds.  The department shall attain the 25
percent production goal according to the following schedule:
 
   (A) By January 1, 2010, 15 percent and at least four species.
 
   (B) By January 1, 2011, 20 percent and at least four species.
 
   (C) By January 1, 2012, 25 percent and at least five species.
 
   (4) 
    (   5)  The department may hire additional
staff for state fish hatcheries, in order to comply with this
subdivision.
   (c) The department may allocate any funds under this section, not
necessary to maintain the minimums specified in paragraphs (1) and
 (3)   (4)  of subdivision (b), and after
the expenditure in paragraph (2) of subdivision (b), to the Fish and
Game Preservation Fund.
   (d) The department may utilize federal funds to meet the funding
formula specified in subdivision (a) if those funds are otherwise
legally available for this purpose.
   (e) A portion of the moneys subject to appropriation pursuant to
subdivision (a) may be used for the purpose of obtaining
scientifically valid genetic determinations of California native
trout stocks, consistent with  Theme 1 in the executive
summary of  the department's Strategic Plan for Trout
Management  , published November 2003  . 
   (f) The department may obtain hatchery-produced fish from
privately owned hatcheries located in the state to supplement its own
hatchery production if the targets specified in subdivision (b) are
unmet by state hatcheries in any given calendar year, if all of the
following criteria are satisfied:  
   (1) The department, following an inspection, determines that the
privately owned hatchery is in compliance with operations,
management, and monitoring standards that are at least as stringent
as those in effect at state hatcheries, in order to minimize the risk
of the spread of disease or invasive species into inland state
waters and fisheries. Prior to stocking of any species in any of the
state's waters, the production facility shall be inspected and
certified to be free of all disease, pathogens, and invasive species.
 
   (2) The cost per fish or per pound of fish provided by privately
owned hatcheries shall not exceed the cost to the department of state
hatchery fish, calculated equivalently and including transportation
costs. Revenues deposited in the Hatchery and Inland Fisheries Fund
pursuant to subdivision (a) may be used, subject to appropriation in
accordance with this section.  
   (f) 
    (g)  The department, by July 1,  2008, 
 2014,  and annually thereafter, shall report to the fiscal
and policy committees in the Legislature on the implementation of
these provisions.
   SEC. 13.   SEC. 32.   Section 65042 of
the Government Code is amended to read:
   65042.  Every officer, agency, department, or instrumentality of
state government, including, but not limited to, all trustee agencies
as defined in Section 21070 of the Public Resources Code, shall do
all of the following:
   (a) Cooperate in the preparation and maintenance of the State
Environmental Goals and Policy Report.
   (b) By January 1, 2005, ensure that their entity's functional plan
is consistent with the state planning priorities specified pursuant
to Section 65041.1 and annually demonstrate to the office, and to the
Department of Finance when requesting infrastructure pursuant to
subdivision (a) of Section 13102, how the plans are consistent with
those priorities.
   (c) Comply with any request for advice, assistance, information or
other material. 
  SEC. 33.    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.