SB 345,
as amended, Berryhill. begin deleteSport fishing: licenses. end deletebegin insertThe Sport Fishing Stimulus Act of 2015.end insert
(1) Existing law makes it unlawful to take mammals, birds, fish, reptiles, and amphibians outside of established seasons or to exceed any bag limit or possession limit established by statute or by regulations adopted by the Fish and Game Commission. Under existing law, unless otherwise provided, it is unlawful to possess fish, reptiles, or amphibians except during the open season where taken and for 10 days thereafter, and not more than the possession limit thereof is allowed to be possessed during the period after the close of the open season. Existing law makes it unlawful for any person to possess more than one daily bag limit of any fish taken under a sport fishing license unless authorized by certain regulations adopted by the commission.
end insertbegin insertThis bill would authorize a charitable organization or nonprofit organization to possess fish taken under a sport fishing license in excess of a possession limit established by statute or by regulations adopted by the commission at any time if the charitable organization or nonprofit organization was given the fish by a donor intermediary, as defined, or a person who holds a sport fishing license and an applicable license tag or tags, the charitable organization or nonprofit organization has documentation to that effect, as specified, and the charitable organization or nonprofit organization retains any tag required to be affixed to a fish in the manner prescribed in the Fish and Game Code or regulations adopted by the commission. The bill would authorize a donor intermediary to possess fish taken under a sport fishing license in excess of a possession limit if the donor intermediary complies with the same requirements as a charitable organization or nonprofit organization.
end insertbegin insertThis bill would require the commission to recommend legislation or adopt regulations to clarify when a possession limit is not violated by processing into food lawfully taken sport fish.
end insertExisting
end delete
begin insert(2)end insertbegin insert end insertbegin insertExistingend insert 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,begin delete upon payment of a specified fee, to be issued a sport fishing license for a prescribed period. 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 Fish and Game Commission relating to those licenses.end deletebegin insert 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 of the year, upon payment of the base fee of $31.25 for residents and
$84 for nonresidents. Existing law provides that these base fees are applicable to the 2004 license year and requires the fees to be adjusted annually according to a specified index. end insert
This bill wouldbegin delete make nonsubstantive changes in these provisions.end deletebegin insert revise those provisions to require, on January 1, 2018, that a resident or a nonresident, 18 years of age or older, upon payment of the applicable fee, to be issued a sport fishing license for the period of 12 consecutive months beginning on the date specified on the license. The bill would increase the base fee for residents from $31.25 to $42.50 and would provide that this base fee is applicable to the 2018 license year. end insert
This bill would require, on January 1, 2018, that a resident or nonresident, 16 years of age or older and under 18 years of age, to be issued a junior sport fishing license for the period of 12 consecutive months beginning on the date specified on the license, upon the payment of a base fee of $8.25. The bill would provide that this base fee is applicable to the 2018 license year.
end insertbegin insertExisting law requires a nonresident, 16 years of age or older, upon payment of the fee applicable for a one-year resident sport fishing license, to be issued a sport fishing license for a period of 10 consecutive days beginning on the date specified on the license. Existing law requires a resident or nonresident, 16 years of age or older, upon payment of 1⁄2 of the fee applicable for a one-year resident sport fishing license, to be issued a 2-day sport fishing license.
end insertbegin insertOn January 1, 2018, this bill would, by increasing the base fee for a one-year resident sport fishing license, also increase the required fees for the 10-day nonresident sport fishing license and the resident and nonresident 2-day sport fishing license, as prescribed. The bill would provide that the base fees for these licenses are applicable to the 2018 license year. The bill would also increase the age of persons eligible for these licenses to 18 years of age and older.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
This act shall be known, and may be cited, as the
2Sport Fishing Stimulus Act of 2015.
The Legislature finds and declares that California’s
4fisheries and fishing communities have survived through significant
5changes in the last decade, including rebuilding fish stocks,
6creation of a statewide network of marine protected areas, and
7changing ocean climates. If California is to ensure the
8sustainability of its fisheries and fishing communities and ports,
9and the high-quality seafoods they provide, it is time to invest in
10their future.
begin insertSection 7120 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
12to read:end insert
begin deleteIt end deletebegin insertExcept as provided in Section 7122, it end insertis unlawful for
14any person to possess more than one daily bag limit of any fish
15taken under a license issued pursuant to Section 714 or Article 3
P4 1(commencing with Section 7145) unless authorized by regulations
2adopted by the commission pursuant to Section 206.
begin insertSection 7122 is added to the end insertbegin insertFish and Game Codeend insertbegin insert, to
4read:end insert
(a) For the purposes of this section, “donor
6intermediary” means a recipient of fish taken under a sport fishing
7license from a donor to give to a charitable organization or
8nonprofit organization.
9(b) A donor intermediary may possess fish taken under a sport
10fishing license in excess of any possession limit established
11pursuant to this code or by regulations adopted by the commission
12at any time if the donor intermediary has the documentation
13described in subparagraph (A) or (B) of paragraph (2) of
14subdivision (c) and complies with paragraph (3) of subdivision
15(c).
16(c) A charitable organization or nonprofit organization may
17possess fish taken under a sport fishing license in
excess of any
18possession limit established pursuant to this code or by regulations
19adopted by the commission at any time if all of the following
20conditions are met:
21(1) The charitable organization or nonprofit organization
22received the fish from a donor intermediary or from a person who
23took the fish under a sport fishing license.
24(2) The charitable organization or nonprofit organization has
25either of the following:
26(A) A photocopy of the donor’s sport fishing license and any
27applicable validated tag or tags that has been signed and dated
28by the donor confirming the donation. The photocopied license
29and tag, stamp, or validation shall be from the current or
30immediate past license year.
31(B) A signed and dated document confirming the donation that
32
includes the donor’s name, address, sport fishing license number,
33and any applicable tag numbers for the species possessed. The
34license and tag or tags shall be for the current or immediate past
35license year.
36(3) The charitable organization or nonprofit organization retains
37any tag required to be affixed to the fish in the manner prescribed
38in this code or by regulations adopted by the commission.
39(d) The documentation required by paragraph (2) of subdivision
40(c) shall be made available to the department as described in
P5 1Section 2012. There is no required format for the documentation.
2Any written documentation containing the required information
3shall be deemed to comply with this section. A charitable
4organization or nonprofit organization shall maintain the
5documentation described in paragraph (2) of subdivision (c) for
6one year from the date of disposal.
Section 7149 of the Fish and Game Code is amended
9to read:
(a) A sport fishing license granting the privilege to take
11any fish, reptile, orbegin delete amphibiaend deletebegin insert amphibianend insert anywhere in this state for
12purposes other than profit shall be issued to any of the following:
13(1) A resident, 16 years of age or older, for the period of a
14calendar year, or, if issued after the beginning of the year, for the
15remainder thereof, upon payment of a base fee of thirty-one dollars
16and twenty-five cents ($31.25).
17(2) A nonresident, 16 years of age or
older, for the period of a
18calendar year, or, if issued after the beginning of the year, for the
19remainder thereof, upon payment of a base fee of eighty-four
20dollars ($84).
21(3) A nonresident, 16 years of age or older, for the period of 10
22consecutive days beginning on the date specified on thebegin delete licenseend delete
23begin insert license,end insert upon payment of the fee set forth in paragraph (1).
24(4) A resident or nonresident, 16 years of age or older, for two
25consecutive designated calendar days, upon payment of one-half
26of the fee set forth in paragraph (1). Notwithstanding Section 1053,
27more than one two-day license issued for different two-day
periods
28may be issued to, or possessed by, a person at one time.
29(5) A resident or nonresident, 16 years of age or older, for one
30designated day, upon payment of a base fee of ten dollars ($10).
31(b) California sport fishing license stamps shall be issued by
32authorized license agents in the same manner as a sport fishing
33license, andbegin delete noend delete compensationbegin delete mayend deletebegin insert shall notend insert be paid to the
34authorized license agent for issuing the stamps except as provided
35in Section 1055.
36(c) This
section does not apply to licenses, permits, reservations,
37tags, or other entitlements issued through the Automated License
38Data System.
P6 1(d) The base fees specified in this section are applicable to the
22004 license year, and shall be adjusted annually thereafter
3pursuant to Section 713.
4(e) The commission shall adjust the amount of the fees specified
5in subdivision (d), as necessary, to fully recover, but not exceed,
6all reasonable administrative and implementation costs of the
7department and the commission relating to those licenses.
8(f) This section shall remain in effect only until January 1, 2018,
9and as of that date is repealed, unless a later enacted
statute, that
10is enacted before January 1, 2018, deletes or extends that date.
begin insertSection 7149 is added to the end insertbegin insertFish and Game Codeend insertbegin insert, to
12read:end insert
(a) A sport fishing license granting the privilege to take
14any fish, reptile, or amphibian anywhere in this state for purposes
15other than profit shall be issued to any of the following:
16(1) A resident, 18 years of age or older, for the period of 12
17consecutive months beginning on the date specified on the license,
18upon payment of a base fee of forty-two dollars and fifty cents
19($42.50).
20(2) A nonresident, 18 years of age or older, for the period of 12
21consecutive months beginning on the date specified on the license,
22upon payment of a base fee of
eighty-four dollars ($84).
23(3) A resident or nonresident, 16 years of age or older and under
2418 years of age, for the period of 12 consecutive months beginning
25on the date specified on the license, upon the payment of a base
26fee of eight dollars and twenty-five cents ($8.25). A license issued
27pursuant to this paragraph shall be known as a junior sport fishing
28license.
29(4) A nonresident, 18 years of age or older, for the period of 10
30consecutive days beginning on the date specified on the license,
31upon payment of the fee set forth in paragraph (1).
32(5) A resident or nonresident, 18 years of age or older, for two
33consecutive designated calendar days, upon payment of one-half
34of the fee set
forth in paragraph (1). Notwithstanding Section 1053,
35more than one two-day license issued for different two-day periods
36may be issued to, or possessed by, a person at one time.
37(6) A resident or nonresident, 18 years of age or older, for one
38designated day, upon payment of a base fee of ten dollars ($10).
39(b) California sport fishing license stamps shall be issued by
40authorized license agents in the same manner as sport fishing
P7 1licenses, and compensation shall not be paid to the authorized
2license agent for issuing the stamps except as provided in Section
31055.
4(c) This section does not apply to licenses, permits, reservations,
5
tags, or other entitlements issued through the Automated License
6Data System.
7(d) (1) The base fees specified in paragraphs (2) and (6) of
8subdivision (a) are applicable to the 2004 license year, and shall
9be adjusted annually thereafter pursuant to Section 713.
10(2) The base fees specified in paragraphs (1) and (3) of
11subdivision (a) are applicable to the 2018 license year, and shall
12be adjusted annually thereafter pursuant to Section 713.
13(e) The commission shall adjust the amount of the fees specified
14in subdivision (d), as necessary, to fully recover, but not exceed,
15all reasonable administrative and implementation costs of the
16department and the commission relating
to those licenses.
17(f) This section shall become operative on January 1, 2018.
begin insertSection 7149.05 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
19to read:end insert
(a) A sport fishing license granting the privilege to
21take any fish, reptile, orbegin delete amphibiaend deletebegin insert amphibianend insert anywhere in this
22state for purposes other than profit shall be issued to any of the
23following:
24(1) A resident, 16 years of age or older, for the period of a
25calendar year, or, if issued after the beginning of the year, for the
26remainder thereof, upon payment of a base fee of thirty-one dollars
27and twenty-five cents ($31.25).
28(2) A nonresident, 16 years of age or older, for the period of a
29calendar year, or, if
issued after the beginning of the year, for the
30remainder thereof, upon payment of a base fee of eighty-four
31dollars ($84).
32(3) A nonresident, 16 years of age or older for the period of 10
33consecutive days beginning on the date specified on thebegin delete licenseend delete
34begin insert license,end insert upon payment of the fee set forth in paragraph (1).
35(4) A resident or nonresident, 16 years of age or older, for two
36designated days, upon payment of one-half the fee set forth in
37paragraph (1). Notwithstanding Section 1053, more than one single
38day license issued for different days may be issued to, or possessed
39by, a person at one time.
P8 1(5) A resident or nonresident, 16
years of age or older, for one
2designated day upon payment of a base fee of ten dollars ($10).
3(b) California sport fishing license validations shall be issued
4by authorized license agents in the same manner as sport fishing
5licenses, andbegin delete noend delete compensation shallbegin insert notend insert be paid to the authorized
6license agent for issuing the validations except as provided in
7Section 1055.1.
8(c) This section applies only to licenses, permits, reservations,
9tags, and other entitlements issued through the Automated License
10Data System.
11(d) The base fees specified in this section are applicable to the
122004 license year, and shall be adjusted annually
thereafter
13pursuant to Section 713.
14(e) The commission shall adjust the amount of the fees specified
15in subdivision (d), as necessary, to fully recover, but not exceed,
16all reasonable administrative and implementation costs of the
17department and the commission relating to those licenses.
18(f) This section shall remain in effect only until January 1, 2018,
19and as of that date is repealed, unless a later enacted statute, that
20is enacted before January 1, 2018, deletes or extends that date.
begin insertSection 7149.05 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
22to read:end insert
(a) A sport fishing license granting the privilege to
24take any fish, reptile, or amphibian anywhere in this state for
25purposes other than profit shall be issued to any of the following:
26(1) A resident, 18 years of age or older, for the period of 12
27consecutive months beginning on the date specified on the license,
28upon payment of a base fee of forty-two dollars and fifty cents
29($42.50).
30(2) A nonresident, 18 years of age or older, for the period of 12
31consecutive months beginning on the date specified on the license,
32upon payment of a base fee
of eighty-four dollars ($84).
33(3) A resident or nonresident, 16 years of age or older and under
3418 years of age, for the period of 12 consecutive months beginning
35on the date specified on the license, upon the payment of a base
36fee of eight dollars and twenty-five cents ($8.25). A license issued
37pursuant to this paragraph shall be known as a junior sport fishing
38license.
P9 1(4) A nonresident, 18 years of age or older for the period of 10
2consecutive days beginning on the date specified on the license,
3upon payment of the fee set forth in paragraph (1).
4(5) A resident or nonresident, 18 years of age or older, for two
5designated days, upon payment of one-half the fee set forth in
6paragraph
(1). Notwithstanding Section 1053, more than one single
7day license issued for different days may be issued to, or possessed
8by, a person at one time.
9(6) A resident or nonresident, 18 years of age or older, for one
10designated day upon payment of a base fee of ten dollars ($10).
11(b) California sport fishing license validations shall be issued
12by authorized license agents in the same manner as sport fishing
13licenses, and compensation shall not be paid to the authorized
14license agent for issuing the validations except as provided in
15Section 1055.1.
16(c) This section applies only to licenses, permits, reservations,
17tags,
and other entitlements issued through the Automated License
18Data System.
19(d) (1) The base fees specified in paragraphs (2) and (6) of
20subdivision (a) are applicable to the 2004 license year, and shall
21be adjusted annually thereafter pursuant to Section 713.
22(2) The base fees specified in paragraphs (1) and (3) of
23subdivision (a) are applicable to the 2018 license year, and shall
24be adjusted annually thereafter pursuant to Section 713.
25(e) The commission shall adjust the amount of the fees specified
26in subdivision (d), as necessary, to fully recover, but not exceed,
27all reasonable administrative and implementation costs of the
28department and the commission relating
to those licenses.
29(f) This section shall become operative on January 1, 2018.
begin insertSection 7233 is added to the end insertbegin insertFish and Game Codeend insertbegin insert, to
31read:end insert
The commission shall recommend legislation or adopt
33regulations to clarify when a possession limit is not violated by
34processing into food lawfully taken sport fish.
O
98