SB 345, as amended, Berryhill. The Sport Fishing Stimulus Act of 2015.
(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.
This 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.
This 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.
(2) 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, 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.
This bill would revise those provisions to require, on January 1, 2018,begin insert and until January 1, 2023,end insert 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.
This bill would require, on January 1, 2018,begin insert and until January 1, 2023,end insert that a resident or nonresident, 16 years of age or older and under 18
years ofbegin delete age,end deletebegin insert age at the time of issuance of the license,end insert to be issued a junior sport fishing license for the period of 12 consecutive months beginning on the date specified on the license, uponbegin delete theend delete payment ofbegin delete a base fee of $8.25. The bill would provide that this base fee is applicable to the 2018 license year.end deletebegin insert the fee applicable for a one-day fishing license.end insert
Existing 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.
On January 1, 2018,begin insert and until January 1, 2023,end insert 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. 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, creation
6of a statewide network of marine protected areas, and changing
7ocean climates. If California is to ensure the sustainability of its
8fisheries and fishing communities and ports, and the high-quality
9begin delete seafoodsend deletebegin insert seafoodend insert they provide, it is time to invest in their future.
Section 7120 of the Fish and Game Code is amended
11to read:
Except as provided in Section 7122, it is unlawful for
13any person to possess more than one daily bag limit of any fish
14taken under a license issued pursuant to Section 714 or Article 3
15(commencing with Section 7145) unless authorized by regulations
16adopted by the commission pursuant to Section 206.
Section 7122 is added to the Fish and Game Code, to
18read:
(a) For the purposes of this section, “donor intermediary”
2means a recipient of fish taken under a sport fishing license from
3a donor to give to a charitable organization or nonprofit
4organization.
5(b) A donor intermediary may possess fish taken under a sport
6fishing license in excess of any possession limit established
7pursuant to this code or by regulations adopted by the commission
8at any time if the donor intermediary has the documentation
9described in subparagraph (A) or (B) of paragraph (2) of
10subdivision (c) and complies with paragraph (3) of subdivision
11(c).
12(c) A charitable organization or
nonprofit organization may
13possess fish taken under a sport fishing license in excess of any
14possession limit established pursuant to this code or by regulations
15adopted by the commission at any time if all of the following
16conditions are met:
17(1) The charitable organization or nonprofit organization
18received the fish from a donor intermediary or from a person who
19took the fish under a sport fishing license.
20(2) The charitable organization or nonprofit organization has
21either of the following:
22(A) A photocopy of the donor’s sport fishing license and any
23applicable validated tag or tags thatbegin delete hasend deletebegin insert
haveend insert been signed and dated
24by the donor confirming the donation. The photocopied license
25and tag, stamp, or validation shall be from the current or immediate
26past license year.
27(B) A signed and dated document confirming the donation that
28
includes the donor’s name, address, sport fishing license number,
29and any applicable tag numbers for the species possessed. The
30license and tag or tags shall be for the current or immediate past
31license year.
32(3) The charitable organization or nonprofit organization retains
33any tag required to be affixed to the fish in the manner prescribed
34in this code or by regulations adopted by the commission.
35(d) The documentation required by paragraph (2) of subdivision
36(c) shall be made available to the department as described in
37Section 2012. There is no required format for the documentation.
38Any written documentation containing the required information
39shall be deemed to comply with this section. A charitable
40organization or nonprofit organization shall maintain the
P5 1documentation
described in paragraph (2) of subdivision (c) for
2one year from the date of disposal.
Section 7149 of the Fish and Game Code is amended
4to read:
(a) A sport fishing license granting the privilege to take
6any fish, reptile, or amphibian anywhere in this state for purposes
7other than profit shall be issued to any of the following:
8(1) A resident, 16 years of age or older, for the period of a
9calendar year, or, if issued after the beginning of the year, for the
10remainder thereof, upon payment of a base fee of thirty-one dollars
11and twenty-five cents ($31.25).
12(2) A nonresident, 16 years of age or older, for the period of a
13calendar year, or, if issued after the beginning of the year, for the
14remainder thereof, upon payment of a base fee of eighty-four
15dollars ($84).
16(3) A nonresident, 16 years of age or older, for the period of 10
17consecutive days beginning on the date specified on the license,
18upon payment of the fee set forth in paragraph (1).
19(4) A resident or nonresident, 16 years of age or older, for two
20consecutive designated calendar days, upon payment of one-half
21of the fee set forth in paragraph (1). Notwithstanding Section 1053,
22more than one two-day license issued for different two-day periods
23may be issued to, or possessed by, a person at one time.
24(5) A resident or nonresident, 16 years of age or older, for one
25designated day, upon payment of a base fee of ten dollars ($10).
26(b) California sport fishing license stamps
shall be issued by
27authorized license agents in the same manner as a sport fishing
28license, and compensation shall not be paid to the authorized
29license agent for issuing the stamps except as provided in Section
301055.
31(c) This section does not apply to licenses, permits, reservations,
32tags, or other entitlements issued through the Automated License
33Data System.
34(d) The base fees specified in this section are applicable to the
352004 license year, and shall be adjusted annually thereafter
36pursuant to Section 713.
37(e) The commission shall adjust the amount of the fees specified
38in subdivision (d), as necessary, to fully recover, but not exceed,
39all reasonable administrative and implementation costs of the
40department
and the commission relating to those licenses.
P6 1(f) This section shall remain in effect only until January 1, 2018,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2018, deletes or extends that date.
Section 7149 is added to the Fish and Game Code, to
5read:
(a) A sport fishing license granting the privilege to take
7any fish, reptile, or amphibian anywhere in this state for purposes
8other than profit shall be issued to any of the following:
9(1) A resident, 18 years of age or older, for the period of 12
10consecutive months beginning on the date specified on the license,
11upon payment of a base fee of forty-two dollars and fifty cents
12($42.50).
13(2) A nonresident, 18 years of age or older, for the period of 12
14consecutive months beginning on the date
specified on the license,
15upon payment of a base fee of eighty-four dollars ($84).
16(3) A resident or nonresident, 16 years of age or older and under
1718 years of age, for the period of 12 consecutive months beginning
18on the date specified on the license, upon the payment of a base
19fee of eight dollars and twenty-five cents ($8.25). A license issued
20pursuant to this paragraph shall be known as a junior sport fishing
21license.
22(4)
end delete
23begin insert(3)end insert A nonresident, 18 years of age or older, for the period of 10
24consecutive days beginning on the date specified on the license,
25upon payment of the fee set forth in paragraph (1).
26(5)
end delete
27begin insert(4)end insert A resident or nonresident, 18 years of age or older, for two
28consecutive designated calendar days, upon payment of one-half
29of the fee set forth in paragraph (1). Notwithstanding Section 1053,
30more than one two-day license issued for different two-day periods
31may be issued to, or possessed by, a person at one time.
32(6)
end delete
33begin insert(5)end insert A resident or nonresident, 18 years of age or older, for one
34designated day, upon payment of a base fee of ten dollars ($10).
35(6) A resident or nonresident, 16 years of age or older and under
3618 years of age at the time of issuance of the license, for the period
37of 12 consecutive months beginning on the date specified on the
38license, upon payment of the fee set forth in paragraph (5). A
39license issued pursuant to this paragraph shall be known as a
40junior sport fishing license and shall remain valid for 12
P7 1consecutive months beginning on the date specified on the license
2regardless of whether the person issued the license
will become
3older than 18 years of age during that 12 month period.
4(b) California sport fishing license stamps shall be issued by
5authorized license agents in the same manner as sport fishing
6licenses, and compensation shall not be paid to the authorized
7license agent for issuing the stamps except as provided in Section
81055.
9(c) This section does not apply to licenses, permits, reservations,
10
tags, or other entitlements issued through the Automated License
11Data System.
12(d) (1) The base fees specified in paragraphs (2) andbegin delete (6)end deletebegin insert (5)end insert of
13subdivision (a) are applicable to the 2004 license year, and shall
14be adjusted annually thereafter pursuant to Section 713.
15(2) The basebegin delete feesend deletebegin insert feeend insert specified inbegin delete paragraphsend deletebegin insert
paragraphend insert (1)begin delete and of subdivision (a)
16(3)end deletebegin delete areend deletebegin insert isend insert applicable to the 2018 license year,
17and shall be adjusted annually thereafter pursuant to Section 713.
18(e) The commission shall adjust the amount of the fees specified
19in subdivision (d), as necessary, to fully recover, but not exceed,
20all reasonable administrative and implementation costs of the
21department and the commission relating to those licenses.
22(f) This section shall become operative on
January 1,begin delete 2018.end delete
23begin insert
2018, and shall remain in effect only until January 1, 2023, and
24as of that date is repealed, unless a later enacted statute, that is
25enacted before January 1, 2023, deletes or extends that date.end insert
begin insertSection 7149 is added to the end insertbegin insertFish and Game Codeend insertbegin insert, to
27read:end insert
(a) A sport fishing license granting the privilege to take
29any fish, reptile, or amphibian anywhere in this state for purposes
30other than profit shall be issued to any of the following:
31(1) A resident, 16 years of age or older, for the period of a
32calendar year, or, if issued after the beginning of the year, for the
33remainder thereof, upon payment of a base fee of thirty-one dollars
34and twenty-five cents ($31.25).
35(2) A nonresident, 16 years of age or older, for the period of a
36calendar year, or, if issued after the beginning of the year, for the
37remainder thereof, upon payment of a base fee of eighty-four
38dollars ($84).
P8 1(3) A nonresident, 16 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(4) A resident or nonresident, 16 years of age or older, for two
5consecutive designated calendar days, upon payment of one-half
6of the fee set forth in paragraph (1). Notwithstanding Section 1053,
7more than one two-day license issued for different two-day periods
8may be issued to, or possessed by, a person at one time.
9(5) A resident or nonresident, 16 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 stamps shall be issued by
12authorized license agents in the same manner as a sport fishing
13license, and compensation shall not be paid to the
authorized
14license agent for issuing the stamps except as provided in Section
151055.
16(c) This section does not apply to licenses, permits, reservations,
17tags, or other entitlements issued through the Automated License
18Data System.
19(d) The base fees specified in this section are applicable to the
202004 license year, and shall be adjusted annually thereafter
21pursuant to Section 713.
22(e) The commission shall adjust the amount of the fees specified
23in subdivision (d), as necessary, to fully recover, but not exceed,
24all reasonable administrative and implementation costs of the
25department and the commission relating to those licenses.
26(f) This section shall become operative on January 1, 2023.
Section 7149.05 of the Fish and Game Code is amended
29to read:
(a) A sport fishing license granting the privilege to
31take any fish, reptile, or amphibian anywhere in this state for
32purposes other than profit shall be issued to any of the following:
33(1) A resident, 16 years of age or older, for the period of a
34calendar year, or, if issued after the beginning of the year, for the
35remainder thereof, upon payment of a base fee of thirty-one dollars
36and twenty-five cents ($31.25).
37(2) A nonresident, 16 years of age or older, for the period of a
38calendar year, or, if issued after the beginning of the year, for the
39remainder thereof, upon payment of a base fee of eighty-four
40dollars
($84).
P9 1(3) A nonresident, 16 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(4) A resident or nonresident, 16 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 onebegin delete single begin insert single-dayend insert license issued for different days may be issued to,
7dayend delete
8or possessed by, a person at one time.
9(5) A resident or nonresident, 16 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) The base fees specified in this section are applicable to the
202004 license year, and shall be adjusted annually thereafter
21pursuant to Section 713.
22(e) The commission shall
adjust the amount of the fees specified
23in subdivision (d), as necessary, to fully recover, but not exceed,
24all reasonable administrative and implementation costs of the
25department and the commission relating to those licenses.
26(f) This section shall remain in effect only until January 1, 2018,
27and as of that date is repealed, unless a later enacted statute, that
28is enacted before January 1, 2018, deletes or extends that date.
Section 7149.05 is added to the Fish and Game Code,
31to read:
(a) A sport fishing license granting the privilege to
33take any fish, reptile, or amphibian anywhere in this state for
34purposes other than profit shall be issued to any of the following:
35(1) A resident, 18 years of age or older, for the period of 12
36consecutive months beginning on the date specified on the license,
37upon payment of a base fee of forty-two dollars and fifty cents
38($42.50).
P10 1(2) A nonresident, 18 years of age or older, for the period of 12
2consecutive months beginning on the
date specified on the license,
3upon payment of a base fee of eighty-four dollars ($84).
4(3) A resident or nonresident, 16 years of age or older and under
518 years of age, for the period of 12 consecutive months beginning
6on the date specified on the license, upon the payment of a base
7fee of eight dollars and twenty-five cents ($8.25). A license issued
8pursuant to this paragraph shall be known as a junior sport fishing
9license.
10(4)
end delete
11begin insert(3)end insert A nonresident, 18 years of age or older for the period of 10
12consecutive days beginning on the date specified on the license,
13upon payment of the fee set forth in paragraph (1).
14(5)
end delete
15begin insert(4)end insert A resident or nonresident, 18 years of age or older, for two
16designated days, upon payment of one-half the fee set forth in
17paragraph (1). Notwithstanding Section 1053, more than onebegin delete single begin insert
single-dayend insert license issued for different days may be issued to,
18dayend delete
19or possessed by, a person at one time.
20(6)
end delete
21begin insert(5)end insert A resident or nonresident, 18 years of age or older, for one
22designated day upon payment of a base fee of ten dollars ($10).
23(6) A resident or nonresident, 16 years of age or older and under
2418 years of age at the time
of issuance of the license, for the period
25of 12 consecutive months beginning on the date specified on the
26license, upon payment of the fee set forth in paragraph (5). A
27license issued pursuant to this paragraph shall be known as a
28junior sport fishing license and shall remain valid for 12
29consecutive months beginning on the date specified on the license
30regardless of whether the person issued the license will become
31older than 18 years of age during that 12 month period.
32(b) California sport fishing license validations shall be issued
33by authorized license agents in the same manner as sport fishing
34licenses, and compensation shall not be paid to the authorized
35license agent for issuing the validations except as provided in
36Section 1055.1.
37(c) This section applies only to licenses, permits, reservations,
38tags, and other entitlements issued through the Automated License
39Data System.
P11 1(d) (1) The base fees specified in paragraphs (2) andbegin delete (6)end deletebegin insert
(5)end insert of
2subdivision (a) are applicable to the 2004 license year, and shall
3be adjusted annually thereafter pursuant to Section 713.
4(2) The basebegin delete feesend deletebegin insert feeend insert specified inbegin delete paragraphsend deletebegin insert paragraphend insert (1)begin delete and of subdivision (a)
5(3)end deletebegin delete areend deletebegin insert
isend insert applicable to the 2018 license year,
6and shall be adjusted annually thereafter pursuant to Section 713.
7(e) The commission shall adjust the amount of the fees specified
8in subdivision (d), as necessary, to fully recover, but not exceed,
9all reasonable administrative and implementation costs of the
10department and the commission relating to those licenses.
11(f) This section shall become operative on January 1,begin delete 2018.end delete
12begin insert 2018, and shall remain in effect only until January 1, 2023, and
13as of that date is repealed, unless a later enacted statute, that is
14enacted
before January 1, 2023, deletes or extends that date.end insert
begin insertSection 7149.05 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
16to read:end insert
(a) A sport fishing license granting the privilege to
18take any fish, reptile, or amphibian anywhere in this state for
19purposes other than profit shall be issued to any of the following:
20(1) A resident, 16 years of age or older, for the period of a
21calendar year, or, if issued after the beginning of the year, for the
22remainder thereof, upon payment of a base fee of thirty-one dollars
23and twenty-five cents ($31.25).
24(2) A nonresident, 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 eighty-four
27dollars ($84).
28(3) A nonresident, 16 years of age or older for the period of 10
29consecutive days beginning on the date specified on the license,
30upon payment of the fee set forth in paragraph (1).
31(4) A resident or nonresident, 16 years of age or older, for two
32designated days, upon payment of one-half the fee set forth in
33paragraph (1). Notwithstanding Section 1053, more than one
34single-day license issued for different days may be issued to, or
35possessed by, a person at one time.
36(5) A resident or nonresident, 16 years of age or older, for one
37designated day upon payment of a base fee of ten dollars ($10).
38(b) California sport fishing license validations shall be issued
39by authorized license agents in the same manner as sport fishing
40licenses, and compensation shall not be paid to the authorized
P12 1license agent for
issuing the validations except as provided in
2Section 1055.1.
3(c) This section applies only to licenses, permits, reservations,
4tags, and 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(f) This section shall become operative on January 1, 2023.
Section 7233 is added to the Fish and Game Code,
16to read:
The commission shall recommend legislation or adopt
18regulations to clarify when a possession limit is not violated by
19processing into food lawfully taken sport fish.
O
97