Senate BillNo. 583


Introduced by Senator Berryhill

February 22, 2013


An act to amend Sections 7149 and 7149.05 of the Fish and Game Code, relating to sport fishing.

LEGISLATIVE COUNSEL’S DIGEST

SB 583, as introduced, Berryhill. Sport fishing: licenses.

Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a license for that purpose, with specified exceptions, and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires a resident or a nonresident, 16 years of age or older, upon payment of a specified fee, to be issued a sport fishing license for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof. Existing law requires the Fish and Game Commission to adjust the amount of the sport fishing license fees, as prescribed, to fully recover, but not exceed, all reasonable administrative and implementation costs of the Department of Fish and Wildlife and the commission relating to those licenses.

This bill would instead require a resident or a nonresident, 16 years of age or older, upon payment of a fee, to be issued a sport fishing license for the period of 12 consecutive months beginning on the date specified on the license. This bill would require the department to determine the base fee for this license and would prohibit the total fee for the license from exceeding the reasonable regulatory costs incurred incident to the issuance of, and the administration and enforcement duties relating to, the license.

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 7149 of the Fish and Game Code is
2amended to read:

3

7149.  

(a) A sport fishing license granting the privilege to take
4any fish, reptile, or amphibia anywhere in this state for purposes
5other than profit shall be issued to any of the following:

6(1) A resident, 16 years of age or older, for the period ofbegin delete a
7calendar year, or, if issued after theend delete
begin insert 12 consecutive monthsend insert
8 beginningbegin delete ofend deletebegin insert onend insert thebegin delete year, forend deletebegin insert date specified onend insert thebegin delete remainder
9thereof,end delete
begin insert license,end insert upon payment of a base feebegin delete of thirty-one dollars
10and twenty-five cents ($31.25)end delete
begin insert determined by the departmentend insertbegin insert. The
11total fee for the license shall not exceed the reasonable regulatory
12costs incurred incident to the issuance of, and the administration
13and enforcement duties relating to, the licenseend insert
.

14(2) A nonresident, 16 years of age or older, for the period ofbegin delete a
15calendar year, or, if issued after theend delete
begin insert 12 consecutive monthsend insert
16 beginningbegin delete ofend deletebegin insert onend insert thebegin delete year, forend deletebegin insert date specified onend insert thebegin delete remainder
17thereof,end delete
begin insert license,end insert upon payment of a base feebegin delete of eighty-four dollars
18($84)end delete
begin insert determined by the department. The total fee for the license
19shall not exceed the reasonable regulatory costs incurred incident
20to the issuance of, and the administration and enforcement duties
21relating to, the licenseend insert
.

22(3) A nonresident, 16 years of age or older, for the period of 10
23consecutive days beginning on the date specified on the license
24upon payment of the fee set forth in paragraph (1).

25(4)  A resident or nonresident, 16 years of age or older, for two
26consecutive designated calendar days, upon payment of one-half
27of the fee set forth in paragraph (1). Notwithstanding Section 1053,
28more than one two-day license issued for different two-day periods
29may be issued to, or possessed by, a person at one time.

30(5)  A resident or nonresident, 16 years of age or older, for one
31designated day, upon payment of a base fee of ten dollars ($10).

32(b) California sport fishing license stamps shall be issued by
33authorized license agents in the same manner as sport fishing
34licenses, and no compensation may be paid to the authorized
P3    1license agent for issuing the stamps except as provided in Section
21055.

3(c) This section does not apply to licenses, permits, reservations,
4tags, or other entitlements issued through the Automated License
5Data System.

6(d) The base fees specified in this section are applicable to the
72004 license year, and shall be adjusted annually thereafter
8pursuant to Section 713.

9(e) The commission shall adjust the amount of the fees specified
10in subdivision (d), as necessary, to fully recover, but not exceed,
11all reasonable administrative and implementation costs of the
12department and the commission relating to those licenses.

13

SEC. 2.  

Section 7149.05 of the Fish and Game Code is
14amended to read:

15

7149.05.  

(a) A sport fishing license granting the privilege to
16take any fish, reptile, or amphibia anywhere in this state for
17purposes other than profit shall be issued to any of the following:

18(1) A resident, 16 years of age or older, for the period ofbegin delete a
19calendar year, or, if issued after theend delete
begin insert 12 consecutive monthsend insert
20 beginningbegin delete ofend deletebegin insert onend insert thebegin delete year, forend deletebegin insert date specified onend insert thebegin delete remainder
21thereof,end delete
begin insert licenseend insert upon payment of a base feebegin delete of thirty-one dollars
22and twenty-five cents ($31.25)end delete
begin insert determined by the departmentend insertbegin insert. The
23total fee for the license shall not exceed the reasonable regulatory
24costs incurred incident to the issuance of, and the administration
25and enforcement duties relating to, the licenseend insert
.

26(2) A nonresident, 16 years of age or older, for the period ofbegin delete a
27calendar year, or, if issued after theend delete
begin insert 12 consecutive monthsend insert
28 beginningbegin delete ofend deletebegin insert onend insert thebegin delete year, forend deletebegin insert date specified onend insert thebegin delete remainder
29thereof,end delete
begin insert licenseend insert upon payment of a base feebegin delete of eighty-four dollars
30($84)end delete
begin insert determined by the departmentend insertbegin insert. The total fee for the license
31shall not exceed the reasonable regulatory costs incurred incident
32to the issuance of, and the administration and enforcement duties
33relating to, the licenseend insert
.

34(3) A nonresident, 16 years of age or older for the period of 10
35consecutive days beginning on the date specified on the license
36upon payment of the fee set forth in paragraph (1).

37(4)  A resident or nonresident, 16 years of age or older, for two
38designated days, upon payment of one-half the fee set forth in
39paragraph (1). Notwithstanding Section 1053, more than one single
P4    1day license issued for different days may be issued to, or possessed
2by, a person at one time.

3(5)  A resident or nonresident, 16 years of age or older, for one
4designated day upon payment of a base fee of ten dollars ($10).

5(b) California sport fishing license validations shall be issued
6by authorized license agents in the same manner as sport fishing
7licenses, and no compensation shall be paid to the authorized
8license agent for issuing the validations except as provided in
9Section 1055.1.

10(c) This section applies only to licenses, permits, reservations,
11tags, and other entitlements issued through the Automated License
12Data System.

13(d) The base fees specified in this section are applicable to the
142004 license year, and shall be adjusted annually thereafter
15pursuant to Section 713.

16(e) The commission shall adjust the amount of the fees specified
17in subdivision (d), as necessary, to fully recover, but not exceed,
18all reasonable administrative and implementation costs of the
19 department and the commission relating to those licenses.



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