Amended in Senate April 25, 2013

Amended in Senate April 2, 2013

Senate Bill No. 583

Introduced by Senator Berryhill

(Coauthors: Assembly Members Hagman and Mansoor)

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 amended, 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 require a resident or a nonresident, 16 years of age or older, upon payment of a specified begin insert base end insert fee begin insert plus an administrative and implementation fee specific to recovering all costs to the department of adding this license end insert , to be issued a sport fishing license for the period of 12 consecutive months beginning on the date specified on the license, as prescribed. begin insert This bill would prohibit the department from issuing through the Automated License Data System a sport fishing license for that period of 12 consecutive months until the department certifies that the Automated License Data System has been successfully modified to issue and track these licenses and would require the department to notify the Chairs of the Senate Committee on Natural Resources and Water and the Assembly Committee on Water, Parks, and Wildlife of this certification. This bill would permit the issuance of these sport fishing licenses for a period of 12 consecutive months for 5 years after the date the department issues the first of these licenses through the Automated License Data System. end insert

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

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

SECTION 1.  

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 resident, 16 years of age or older, for the period of 12
consecutive months beginning on the date specified on the license,
upon payment of a base fee of begin delete forty-seven dollars and fifty cents
($47.50) end delete begin insert forty-two dollars and fifty cents ($42.50) plus an
administrative and implementation fee specific to recovering all
costs to the department of adding this license end insert .

(3) 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).

(4) A nonresident, 16 years of age or older, for the period of 12
consecutive months beginning on the date specified on the license,
upon payment of a base fee of one hundred begin delete nineteen dollars and
twenty-five cents ($119.25) end delete begin insert fourteen dollars and twenty-five cents
($114.25) plus an administrative and implementation fee specific
to recovering all costs to the department of adding this license end insert .

(5) 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).

(6)  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.

(7)  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) (1) The base fees specified in this section are applicable to
the 2004 license year, and shall be adjusted annually thereafter
pursuant to Section 713.

(2) Notwithstanding paragraph (1), the base fees specified in
paragraphs (2) and (4) of subdivision (a) are applicable to the 2013
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.

begin insert

(f) Paragraphs (2) and (4) of subdivision (a) shall be inoperative
on the date that specified provisions of Section 7149.05 are
inoperative pursuant to subdivision (g) of Section 7149.05.

end insert

SEC. 2.  

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 resident, 16 years of age or older, for the period of 12
consecutive months beginning on the date specified on the license,
upon payment of a base fee of begin delete forty-seven dollars and fifty cents
($47.50) end delete begin insert forty-two dollars and fifty cents ($42.50) plus an
administrative and implementation fee specific to recovering all
costs to the department of adding this license end insert .

(3) 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).

(4) A nonresident, 16 years of age or older, for the period of 12
consecutive months beginning on the date specified on the license,
upon payment of a base fee of one hundred begin delete nineteen dollars and
twenty-five cents ($119.25) end delete begin insert fourteen dollars and twenty-five cents
($114.25) plus an administrative and implementation fee specific
to recovering all costs to the department of adding this license end insert .

(5) A nonresident, 16 years of age or older begin insert , end insert 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).

(6)  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.

(7)  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) (1) The base fees specified in this section are applicable to
the 2004 license year, and shall be adjusted annually thereafter
pursuant to Section 713.

(2) Notwithstanding paragraph (1), the base fees specified in
paragraphs (2) and (4) of subdivision (a) are applicable to the 2013
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.

begin insert

(f) Licenses specified in paragraphs (2) and (4) of subdivision
(a) shall not be issued until the department certifies that the
Automated License Data System has been successfully modified
to issue and track these licenses. The department shall notify the
Chairs of the Senate Committee on Natural Resources and Water
and the Assembly Committee on Water, Parks, and Wildlife of this
certification.

end insert begin insert

(g) Subdivision (f) and paragraphs (2) and (4) of subdivision
(a) shall be inoperative five years after the date the department
issues the first license pursuant to either paragraph (2) or (4) of
subdivision (a).

end insert