BILL NUMBER: SB 1148 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2012
PASSED THE ASSEMBLY AUGUST 31, 2012
AMENDED IN ASSEMBLY AUGUST 30, 2012
AMENDED IN ASSEMBLY AUGUST 24, 2012
AMENDED IN ASSEMBLY AUGUST 20, 2012
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, 1726, 1726.4, 1727,
3031, 4006, 6596, 6596.1, 7149, 7149.05, 7260, 7852, 7881, 8032, and
13007 of, to add Sections 1726.1, 1729, and 1730 to, to add Chapter
7.9 (commencing with Section 1797) to Division 2 of, to repeal
Chapter 9 (commencing with Section 1850) of 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, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1148, 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. The bill would require the 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 establish and maintain a
database that includes certain information about banks and to make
this data available on its Internet Web site or accessible by a link
from the department's Internet Web site.
The bill would require the department to adopt and amend
guidelines and criteria to amend provisions relating to the
department's review of a bank.
(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 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, as
necessary, to fully recover, but not exceed, all reasonable
administrative and implementation costs of the department and the
commission relating to those licenses. The 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.
(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, 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. Existing law requires the commission 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.
The bill would require the department to maintain and continuously
revise specified inventories prepared for each stream, stream system,
or lake, with the goal of reviewing every watershed once per decade,
and would require the department to make those inventories publicly
available on the department's Internet Web site. The bill would
require the commission, instead, 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.
The bill would require the department every 5 years to update the
Strategic Plan for Trout Management published in November 2003 as
necessary to guide the state's trout management. The 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, to be reviewed 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. The bill
would require the department, by January 1, 2014, to form an
intradepartmental strategic trout management team to provide
statewide direction and trout management oversight and to be
responsible for developing prescribed basin management plans.
The bill would require the department to give priority to stocking
native hatchery-produced species in California's waters where
stocking is determined to be appropriate by the department. The bill
would require the department to ensure that all trout stocked in
waters of the state for recreational purposes, except as provided,
are unable to reproduce through triploidy or other means. The 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 require educational programs utilizing the
hatcheries to be encouraged. The bill would require the department to
review angling regulations periodically and adjust those regulations
to ensure consistency with the Strategic Plan for Trout Management.
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. Existing law authorizes moneys in the fund to be expended,
upon appropriation, in support of department 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 authorize the expenditure of those moneys,
consistent with specified existing law, to support programs of the
department related to 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. The bill would require that 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. The bill would require
the department, on an annual basis, to invest in hatchery facility
improvements and rehabilitation to ensure progress towards
achievement of specified hatchery fish production targets. The bill
would authorize the department, beginning January 1, 2015, to obtain
California-based hatchery fish if specified criteria are satisfied.
The bill would establish funding for "Heritage Trout Waters" as a
priority for the fund.
The bill would appropriate $1,000,000 from the Hatchery and Inland
Fisheries Fund to the department for capital outlay expenditures
necessary to improve state hatchery facility and system improvements
to achieve specified hatchery fish production goals.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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. 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 shall 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 adoption of guidelines for, and the review, approval,
establishment, monitoring, and oversight of, banks, shall be
reimbursed from revenues of conservation and mitigation bank
application fees imposed pursuant to Sections 1798.5, 1798.6, and
1799.
(b) The director and the Secretary of the Natural Resources
Agency, with the department's annual budget submittal to the
Legislature, shall 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. 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, at least every five years,
shall 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. 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 this code provides for a permit, license, tag,
reservation, application, or other entitlement, the commission, in
accordance with the provision, shall prescribe the terms and
conditions under which the permit, license, tag, reservation,
application, or other entitlement shall be 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) 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. 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 that 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 that 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.
(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 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, that, to the extent
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. 7. 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. 8. Section 1726.4 of the Fish and Game Code is amended to
read:
1726.4. (a) For the purposes of this chapter, "trout" includes
steelhead trout.
(b) The department, in administering its existing wild trout
program, shall 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 maintaining the inventory, the department shall
give priority to those streams and lakes 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 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 this chapter.
(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 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.
(d) The department shall make the inventory maintained pursuant to
subdivision (b) publicly available on the department's Internet Web
site and the department shall continuously revise that inventory with
the goal of reviewing every watershed once per decade.
SEC. 9. 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, in January of each even-numbered year, shall
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.
SEC. 10. Section 1728 of the Fish and Game Code is repealed.
SEC. 11. 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 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 strategic trout management team.
(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) Before implementation, the Strategic Plan for Trout Management
produced by the department shall be reviewed by the strategic trout
management team, the hatchery operations committee, and an ad hoc
peer review committee convened by the department to ensure compliance
with sound management practices, improved genetic diversity, and use
of the best available scientific information.
(f) 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. 12. Section 1729 is added to the Fish and Game Code, to read:
1729. (a) The department shall give priority 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, including, but not limited to, stocking in California's
waters that would adversely affect species listed under the federal
Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the
California Endangered Species Act (Chapter 1.5 (commencing with
Section 2050) of Division 3).
(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) 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.
(d) Educational programs utilizing the hatcheries shall be
encouraged.
(e) The department shall ensure that all trout stocked in waters
of the state for recreational purposes are unable to reproduce
through triploidy or other means, with the exception of fish planted
into brood stock lakes, surplus brood stock planted according to
fishery management decisions, fish planted to supplement waters that
the department has determined to be genetically isolated from native
fish populations, and native trout species produced for recovery and
restoration within their native range.
(f) 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.
(g) The department shall review angling regulations periodically
and adjust those regulations to ensure consistency with the strategic
plan described in Section 1728.
SEC. 13. Section 1730 is added to the Fish and Game Code, to read:
1730. (a) By January 1, 2014, the department shall form an
intradepartmental strategic trout management team to provide
direction and oversee trout management statewide. Working under the
framework of the Strategic Plan for Trout Management, the strategic
trout management team shall direct and implement focused management
and monitoring efforts for trout at the watershed level, in
cooperation with local stakeholders.
(b) The strategic trout management team shall be responsible for
developing basin management plans that are conservation based and are
consistent throughout California for inland watersheds.
(c) The basin plans in subdivision (b) shall be reviewed by an ad
hoc peer review committee, which may be convened under the guidance
of the department's Science Institute to ensure compliance with sound
management practices and utilization of the best available
scientific information.
SEC. 14. 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 state regulatory
compliance process while achieving conservation goals.
(b) The department authorizes the establishment of private and
public conservation and mitigation banks that can provide viable
consolidated mitigation for adverse impacts caused by projects. Banks
sell habitat or species credits to project proponents having
mitigation responsibilities that require compensation for impacts to
wetlands, threatened or endangered species, and other sensitive
resources. The state policy on conservation banks was established in
1995 by the Natural Resources Agency and the California Environmental
Protection Agency.
(c) In 2011, the department and other state and federal agencies,
including the United States Fish and Wildlife Service, the National
Marine Fisheries Service, the United States Army Corps of Engineers,
and the United States Environmental Protection Agency, renewed a
memorandum of understanding for the purpose of jointly establishing a
framework for developing and using combined or coordinated
approaches to mitigation and conservation banking in the state. The
memorandum of understanding includes provisions for the development
and continuous improvement of standardized banking program documents
and guidance. Existing standardized documents identified in the
memorandum of understanding include bank enabling instruments,
conservation easements, long-term management plans, and bank proposal
review checklists, among others.
(d) The department has properly excluded from being eligible as
mitigation and conservation banks those lands that are not suitable
to become banks, for reasons that include that the lands do not
support significant biological resources or are not biologically
viable, are subject to potentially inconsistent uses, encumbrances,
or requirements, or would not meet requirements of permits or
authorizations that require mitigation.
(e) Greater transparency is desired to ensure that mitigation
requirements of regulatory programs, permits, and authorizations are
fully met when employing conservation and mitigation banks, and that
the monitoring of banks to ensure long-term conservation of species
and habitats is scientifically valid.
(f) The private and public mitigation and conservation banks and
the private and public entities to which bank credits are sold should
fully fund the administrative and regulatory costs of the department
in providing banking program services, administration and oversight.
(g) The department 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.
(h) It is the intent of the Legislature that banking and all other
forms of mitigation for wildlife species comply with regulatory
requirements, are based on the best available scientific information,
can be implemented successfully, and have adequate funding to
achieve mitigation measures and be monitored for compliance and
effectiveness. The Legislature recognizes that mitigation and
conservation banking is important to the state because banks provide
regulatory efficiencies, environmental benefits, and economic
advantages. Properly developed and monitored banks have demonstrated
their value and efficacy and are important tools in mitigating
impacts to resources and in conserving a wide range of habitat lands.
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 that includes provisions for
the issuance of credits, 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 for 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 the size of the proposed
bank in acres.
(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) Preliminary natural resources surveys that document biotic and
abiotic baseline conditions, including past, current, and adjacent
land uses, vegetation types, species information, topography,
hydrology, and soil types.
(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 all
liens, easements, and other encumbrances and depicts all relevant
property lines, easements, dedications, and other features.
(M) A declaration of whether or not the proposed bank site has
been or is being used as mitigation, is designated or dedicated for
park or open space use, or designated for purposes that may be
inconsistent with habitat preservation.
(N) Details of any 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 is acceptable and
notify the person who submitted the prospectus of the determination.
The department may request clarifying information during the
prospectus review process.
(e) (1) If the department determines that a bank prospectus is
acceptable then a 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) Drafts of the 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, or if potential state ownership
is contemplated by the department, a draft grant deed.
(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 ASTM 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 is acceptable 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 state the reasons.
(d) The department may request clarifying information during the
bank agreement review process.
(e) If the department needs supplemental information during its
review of the bank agreement package in order to fully evaluate the
proposed bank, the regional manager or departmental equivalent, or a
higher level department employee, shall provide the person seeking to
establish the bank a written request for the needed information.
Upon the department's receipt of the requested information, a new
90-day period shall begin during which the department shall determine
acceptability pursuant to paragraph (2) of subdivision (c). If the
department does not receive the requested information within 60
calendar days of the department's request, the bank agreement package
will be deemed unacceptable.
(f) If the person seeking to establish the bank proposes changes
to the bank agreement package that have not been solicited by the
department during its 90-day review period, 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 changes as identified by the department as
necessitating additional review time, the department, acting through
the regional manager or department equivalent, or a higher level
department employee, shall assess a one-time fee of ten thousand
dollars ($10,000) to cover the reasonable cost of the department's
services in reviewing the changes. A new 90-day review period shall
begin upon the department's receipt of the proposed changes and the
associated review fee, during which it will determine acceptability
pursuant to paragraph (2) of subdivision (c).
(g) 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.
(h) If the department determines that a bank agreement package is
not acceptable, the package may be resubmitted in accordance with
subdivision (a) if further consideration is desired. Any resubmittal
shall be accompanied by payment of a new bank agreement package
review fee.
1798.6. (a) Any person seeking to amend any bank shall submit to
the department a complete bank amendment package containing each of
the original bank agreement package documents, including any prior
amendments, 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 clarifying information during the bank amendment review
process. The department may extend the 90-day period for reviewing
the bank amendment package by an additional 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 either 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 of seven thousand
five hundred dollars ($7,500) is intended to cover the reasonable
cost of the department's services in reviewing simple amendments,
such as a change in bank name, ownership change, address change, or
proposed decrease in the number of credits proposed. The fee of
twenty-five thousand dollars ($25,000) is intended to cover the
reasonable cost of the department's services in reviewing all other
amendments, including, but not limited to, requests for increase
change in service area, or increase in the number of credits. A
regional manager or department equivalent, or a higher level
department representative employee, shall determine which of the two
fees is appropriate and shall provide notification of that
determination to the person who submitted the request for bank
amendment package pursuant to paragraph (3).
(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 and, if applicable, notice pursuant to paragraph (1)
that the person shall remit an additional fee of seventeen thousand
five hundred dollars ($17,500). If noticed by the department, the
additional fee of seventeen thousand five hundred dollars ($17,500)
shall be submitted to the department within 30 days of the notice. If
the additional fee is not received by this date, the review
timelines in this section shall be suspended until the fee is
received by the department.
(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 clarifying information during the
bank amendment review process.
(e) If the department needs supplemental information during its
review of the bank amendment package in order to fully evaluate the
proposed amendment, the regional manager or department equivalent, or
a higher level department employee, shall provide the person seeking
to amend the bank, in writing, a written request for the needed
information. Upon the department's receipt of the requested
information, a new 90-day period shall begin during which the
department will determine acceptability pursuant to paragraph (4) of
subdivision (c). If the department does not receive the requested
information within 60 calendar days of the department's request, the
bank amendment package shall be deemed unacceptable.
(f) If the person seeking to amend the bank proposes changes to
the bank amendment package that have not been solicited by the
department during its the department's 90-day review period,
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 changes as identified by the
department to require additional review time, the department, acting
through the regional manager or department equivalent, or a higher
level department employee, shall assess a one-time fee of ten
thousand dollars ($10,000) to cover the reasonable cost of the
department's services in reviewing the changes. A new 90-day review
period shall begin upon receipt of the proposed changes and the fee,
during which the department shall determine acceptability pursuant to
paragraph (4) of subdivision (c).
(g) 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 or bank amendment package, that the package includes a
development or construction plan, 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.
(h) If the department determines that a bank amendment package is
not acceptable, then the package may be resubmitted in accordance
with subdivision (a) if further consideration is desired. Any
resubmittal shall 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, if applicable, 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) (1) 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 accessible by a link from
the department's 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 bank, links to the bank's long-term management plans,
and links to the complete annual monitoring reports required by
departmental policy.
(2) Information contained in the database created pursuant to
former Chapter 9 (commencing with Section 1850) on January 1, 2011,
shall be incorporated into the database established pursuant to
paragraph (1).
(d) By January 1, 2014, and annually thereafter, the department
shall provide a report to the Legislature. The report shall include
the following information based on data from the previous calendar
year:
(1) Number of new bank applications, prospectuses, bank agreement
packages, and amendments received.
(2) Number of bank applications approved, rejected because not
complete, rejected because not acceptable, and withdrawn.
(3) Name of new or existing bank, geographic location, number of
acres, number of credits approved for each habitat type or species,
and number of credits sold.
(4) An accounting of fees collected pursuant to this chapter.
(5) A statement of whether or not the timelines for bank review in
this chapter were met.
(6) Other information determined by the department to be relevant
in assessing the effectiveness of the department's mitigation and
conservation banking program.
(e) (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 a total payment of sixty thousand
($60,000) per bank, apportioned by an amount that equals the ratio
of the number of credits released to the total number of credits in
the bank, and shall be identified in the bank enabling instrument.
Payments shall be due following each credit release no later than the
due date for the submission of the bank's annual report. The
payments shall be submitted following each credit release and no
later than 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 if there is 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 shall 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, conservation
organizations, and federal and state bank approving agencies. The
guidelines shall incorporate all relevant documents and program
guidance, including, but not limited to, the 2011 Memorandum of
Understanding approved by the United States Fish and Wildlife
Service, the United States Army Corps of Engineers, and the United
States Environmental Protection Agency, for the purpose of jointly
establishing a framework for developing and using combined or
coordinated approaches to mitigation and conservation banking in
California. 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) The costs of a conservation and mitigation banking program,
including, but not limited to, costs incurred by the department
during its guideline adoption and review, approval, establishment,
monitoring, and oversight of banks, shall be reimbursed from revenues
of conservation and mitigation bank application fees imposed
pursuant to Sections 1798.5, 1798.6, and 1799.
SEC. 15. Chapter 9 (commencing with Section 1850) of Division 2 of
the Fish and Game Code is repealed.
SEC. 16. 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. 17. Section 4006 of the Fish and Game Code is amended to
read:
4006. (a) A trapping license shall be issued as follows:
(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.
(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.
(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.
(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 that 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. 18. 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. 19. 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. 20. 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 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 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. 21. 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 one-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. 22. Section 7260 of the Fish and Game Code is amended to
read:
7260. (a) The Legislature finds and declares 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.
(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. 23. 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.
(e) Nothing in this section affects any other provision of law
relating to the employment of minors.
SEC. 24. 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. 25. Section 8032 of the Fish and Game Code is amended to
read:
8032. (a) A commercial fish business license shall be issued that
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. 26. 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, consistent with the Strategic Plan for Trout
Management and Chapter 7.2 (commencing with Section 1725) of Division
2, and, upon appropriation by the Legislature, to support programs
of the department related to 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.
(b) The department shall use sport fishing license fees collected
and subject to appropriation pursuant to subdivision (a) for the
following purposes:
(1) For the department's attainment of a state hatchery production
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. The 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, the Strategic Plan for
Trout Management, and Chapter 7.2 (commencing with Section 1725) of
Division 2.
(2) To the Heritage and Wild Trout Program, at least two million
dollars ($2,000,000), for the following purposes:
(A) At least seven new permanent positions for the Heritage and
Wild Trout Program.
(B) Permanent positions and seasonal aides in each region of the
state 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) The department may expend up to 25 percent of the funds made
available to the Heritage and Wild Trout Program 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.
(4) The department shall 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. The department may release native trout
produced 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.
(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
(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 the department's Strategic Plan for
Trout Management.
(f) On an annual basis, the department shall invest in hatchery
facility improvements and rehabilitation to ensure progress towards
achievement of the hatchery fish production targets established
pursuant to this section.
(g) Beginning January 1, 2015, the department may obtain
hatchery-produced fish from any California-based hatchery if all of
the following criteria are satisfied:
(1) The goal specified in subdivision (b) is unmet.
(2) The department, following an inspection, determines that the
California hatchery is in compliance with operations, management, and
monitoring standards that are 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.
(3) The cost per fish or per pound of fish provided by the
California hatchery shall not exceed the cost to the department of
state hatchery fish calculated equivalently and including
transportation costs.
(h) One million dollars ($1,000,000) is hereby appropriated from
the Hatchery and Inland Fisheries Fund to the department for capital
outlay expenditures necessary to improve state hatchery facility and
system improvements to achieve hatchery fish production goals
established pursuant to this section. The department shall prioritize
capital outlay investments based on expected improvements in
hatchery egg and fish production.
SEC. 27. 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.