Amended in Assembly August 5, 2013

Amended in Assembly June 25, 2013

Amended in Senate May 2, 2013

Senate Bill No. 392

Introduced by Senator Berryhill

February 20, 2013

An act to amend Sections begin delete 1572, 3080, 3684, 3686,3704.5, end delete begin insert 3080 end insert and 12000 of the Fish and Game Code, relating to fish and wildlife resources.

LEGISLATIVE COUNSEL’S DIGEST

SB 392, as amended, Berryhill. Fish and Game Code: game birds and waterfowl.

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Existing law establishes various programs and authorizes various projects related to wildlife-dependent recreational activities and the protection of wildlife, including the Shared Habitat Alliance for Recreational Enhancement program, projects to benefit upland game bird species, and waterfowl projects. The Shared Habitat Alliance for Recreational Enhancement program was established to encourage private landowners to voluntarily make their land available to the public for wildlife-dependent recreational activities, as specified. Funds in the Upland Game Bird Account, established within the Fish and Game Preservation Fund, are used for the purpose of acquiring land, completing projects and implementing programs to benefit upland game bird species, and expanding public hunting opportunities and related public outreach. Funds in the State Duck Stamp Account, established within the Fish and Game Preservation Fund, are used for projects or endowments with the purpose of protecting, preserving, restoring, enhancing, and developing migratory waterfowl breeding and wintering habitat, evaluating habitat projects, and conducting waterfowl resource assessments and other waterfowl-related research.

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This bill would exempt these programs and projects and certain waterfowl projects from specified provisions governing public works projects.

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Existing law authorizes the Department of Fish and Game, with the approval of the entity in control of the property affected by the project, to make grants to, or enter into contracts with, nonprofit organizations for projects funded by the Upland Game Bird Account and the State Duck Stamp Account.

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This bill would eliminate the requirement that the department obtain the approval of the entity in control of the property affected by the project to make grants to, or enter into contracts with, nonprofit organizations for these projects.

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Existing law makes it unlawful to take, among other animals, mammals and birds outside of established seasons or to exceed any bag limit or possession limit established in the Fish and Game Code or by regulations adopted by the Fish and Game Commission. However, existing law authorizes possession of a game bird or mammal during a period other than the open season if the person possesses a hunting license and tag or tags issued to that person for the current or immediate past license year or the person receives the game bird or mammal from that licensee and has specific documentation that the recipient is a donor intermediary, as defined.

This bill would require the commission, on or before January 1, 2015, begin insert and subject to specified federal regulations, end insert to recommend legislation or adopt regulations to clarify when a possession limit is not violated by processing into food lawfully taken game birds begin delete and waterfowl end delete begin insert or mammals end insert .

Existing law makes a violation of these provisions a misdemeanor, except a violation of designated statutes or regulations is either an infraction or a misdemeanor.

This bill would make a violation of a specified regulation relating to the possession, transportation, and importation of game birds an infraction or a misdemeanor. The bill would also make various technical, nonsubstantive changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 1572 of the Fish and Game Code is amended
to read:

1572.  

(a) There is hereby established the Shared Habitat
Alliance for Recreational Enhancement (SHARE) program. The
department, in partnership with nonprofit conservation groups and
other interested nongovernmental organizations that seek to
increase and enhance wildlife-dependent recreational opportunities,
shall work cooperatively to implement the program in order to
facilitate public access to private lands in a voluntary and
incentive-based manner.

(b) The department shall adopt regulations for the management
and control of wildlife-dependent recreational activities on land
that is subject to the program. The department shall report to the
commission annually on the status of the program and maintain
data on the types of wildlife-dependent recreational activities
preferred by landowners and participants in the program.

(c) (1) The SHARE Account is hereby established in the Fish
and Game Preservation Fund. Money deposited in the account
from the sources cited in this subdivision shall only be used for
the purposes set forth in this article.

(2) Consistent with existing law, the department may establish
and impose user fees, use existing hunting and fishing license
stamp or tag fees from the Fish and Game Preservation Fund, or
apply for grants, federal funds, or other contributions from other
sources to fund the program. General Fund moneys shall not be
used for the program.

(3) All funding generated pursuant to paragraph (2) from grants,
federal funds, or other sources, where the person or entity providing
the funds specifically designates in writing prior to the time of
transmittal of the funds to the department that the funds are
intended solely for the purposes of the program, and any user fees
assessed by the department specifically for the program, shall be
deposited in the SHARE Account in the Fish and Game
Preservation Fund. The moneys in the account, upon appropriation
by the Legislature, shall be available for expenditure by the
department solely for programs and projects to benefit the program
and for the direct costs and administrative overhead incurred solely
in carrying out the department’s program activities. Funds may
also be used for wildlife conservation purposes on lands subject
to an agreement under the program. Administrative overhead shall
be limited to the reasonable costs associated with the direct
administration of the program. The department shall maintain
internal accountability necessary to ensure that all restrictions on
the expenditure of these funds are met.

(d) The department may make grants to, or enter into agreements
with, nonprofit organizations, governmental entities, or any other
entities for the use of the funds described in subdivision (c) when
the department finds that the agreements are necessary for carrying
out the purposes of this article.

(e) Notwithstanding any other law, the program is not subject
to Part 2 (commencing with Section 10100) of Division 2 of the
Public Contract Code, Chapter 1 (commencing with Section 1720)
of Part 7 of Division 2 of the Labor Code, or Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code.

(f) The department may reimburse a nonprofit organization, a
private landowner, or other entity for its costs related to the
implementation of the program.

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begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 3080 of the Fish and Game Code is
amended to read:

3080.  

(a) For the purposes of this section, “donor intermediary”
means a recipient who receives game birds or mammals from a
donor to give to a charitable organization or charitable entity. A
donor intermediary possessing game birds or mammals during a
period other than the open season shall have the documentation
described in paragraph (2) or (3) of subdivision (b). There is no
required format for the documentation. Any written documentation
containing the required information shall be deemed to comply
with this section.

(b) The possession limit of any game bird or mammal may be
possessed during a period other than the open season if one of the
following conditions apply:

(1) The person has in his or her possession a hunting license
and validated tag or tags for the species possessed, or copies of
the license and tag or tags. The license and tag or tags shall have
been issued to that person for the current or immediate past license
year.

(2) The person received the game bird or mammal from a person
described in paragraph (1), and the recipient has a photocopy of
the donor’s hunting license and the applicable validated tag or tags
that has been signed and dated by the donor confirming the
donation. The photocopied license and tag or tags shall be from
the current or immediate past license year.

(3) The person received the game bird or mammal from a person
described in paragraph (1), and the recipient has a signed and dated
document confirming the donation that includes the donor’s name,
address, hunting license number, and applicable tag numbers for
the species possessed. The license and tag or tags shall be for the
current or immediate past license year.

(c) The documentation required by subdivision (b) shall be made
available to the department as described in Section 2012. Charitable
organizations or charitable entities receiving and distributing game
birds or mammals for charitable or humane purposes, shall maintain
the documentation described in paragraph (2) or (3) of subdivision
(b) for one year from the date of disposal.

(d) This section does not authorize the possession of game birds
or carcasses or parts of a game bird or carcass contrary to
regulations issued pursuant to the federal Migratory Bird Treaty
Act (16 U.S.C. Sec. 703 et seq.).

(e) On or before January 1, 2015, begin insert and subject to the
requirements of subdivision (d), end insert the commission shall recommend
legislation or adopt regulations to clarify when a possession limit
is not violated by processing into food lawfully taken game birds
begin delete and waterfowl end delete begin insert or mammals end insert .

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SEC. 3.  

Section 3684 of the Fish and Game Code is amended
to read:

3684.  

(a) The Upland Game Bird Account is hereby established
within the Fish and Game Preservation Fund.

(b) All funds derived from the sale of upland game bird hunting
validations and upland game bird stamps shall be deposited in the
Upland Game Bird Account to permit separate accountability for
the receipt and expenditure of these funds.

(c) Funds deposited in the Upland Game Bird Account shall be
available for expenditure upon appropriation by the Legislature to
the department. These funds shall be expended solely for the
purpose of acquiring land, completing projects and implementing
programs to benefit upland game bird species, and expanding
public hunting opportunities and related public outreach, including,
but not limited to, enhancing upland game bird habitat. Any land
acquired with funds from the Upland Game Bird Account shall be
acquired in fee title or protected with a conservation easement and,
to the extent possible, be open or provide access to the public for
upland game bird hunting. The department may also use funds
from the Upland Game Bird Account to pay for administrative and
enforcement costs of the programs and activities described in this
section. The amount allocated from the account for administrative
costs shall be limited to the reasonable costs associated with
administration of the programs and activities described in this
section.

(d) The department may make grants to, reimburse, or enter
into contracts or other agreements as defined in subdivision (a) of
Section 1571 with nonprofit organizations for the use of the funds
from the Upland Game Bird Account to carry out the purposes of
this section, including related habitat conservation projects.

(e) An advisory committee, as determined by the department,
that includes interested nonprofit organizations that have goals
and objectives directly related to the management and conservation
of game bird species and primarily represent the interests of persons
licensed pursuant to Section 3031 shall review and provide
comments to the department on all proposed projects funded from
the Upland Game Bird Account to help ensure that the requirements
of this section have been met. The department shall post budget
information and a brief description on its Internet Web site for all
projects funded from the Upland Game Bird Account.

(f) Notwithstanding any other law, upland game bird projects
authorized pursuant to this section are not subject to Part 2
(commencing with Section 10100) of Division 2 of the Public
Contract Code, Chapter 1 (commencing with Section 1720) of Part
7 of Division 2 of the Labor Code, or Article 6 (commencing with
Section 999) of Chapter 6 of Division 4 of the Military and
Veterans Code.

(g) The department shall maintain the internal accountability
necessary to ensure compliance with the collection, deposit, and
expenditure of funds specified in this section.

SEC. 4.  

Section 3686 of the Fish and Game Code is amended
to read:

3686.  

The department may make grants to, or enter into
contracts or other agreements with, nonprofit organizations for the
accomplishment of projects authorized pursuant to Section 3684,
or the department may reimburse the controlling entity for its costs
of accomplishing the project.

SEC. 5.  

Section 3704.5 of the Fish and Game Code is amended
to read:

3704.5.  

(a) Notwithstanding any other law, waterfowl
authorized pursuant to Sections 3702 and 3460 are not subject to
Part 2 (commencing with Section 10100) of Division 2 of the
Public Contract Code, Chapter 1 (commencing with Section 1720)
of Part 7 of Division 2 of the Labor Code, or Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code. The department may make grants to,
or enter into contracts or other agreements with, nonprofit
organizations for the accomplishment of those projects, or the
department may reimburse the controlling entity for its costs of
accomplishing the project.

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begin delete SEC. 6. end delete
begin insert SEC. 2. end insert   

Section 12000 of the Fish and Game Code is amended
to read:

12000.  

(a) Except as expressly provided otherwise in this code,
any violation of this code, or of any rule, regulation, or order made
or adopted under this code, is a misdemeanor.

(b) Notwithstanding subdivision (a), a 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) Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the
California Code of Regulations.

(5) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive,
of Title 14 of the California Code of Regulations.

(6) Sections 27.56 to 30.10, inclusive, of Title 14 of the
California Code of Regulations.

(7) Sections 40 to 43, inclusive, of Title 14 of the California
Code of Regulations.

(8) Section 251.7 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) Section 630 of Title 14 of the California Code of
Regulations.