BILL NUMBER: SB 345 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Berryhill
(Principal coauthor: Assembly Member Bigelow)
( Coauthors: Senators
Fuller, Galgiani, and Stone )
( Coauthors: Assembly Members
Travis Allen, Dahle, Gray, Jones,
and Mathis )
FEBRUARY 24, 2015
An act to amend Section 7120 of, to amend, repeal, and add
Sections 7149, 7149.05, and 7233 7149 and
7149.05 of, and to add Section Sections
7122 and 7233 to, the Fish and Game Code, relating
to fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
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, and until January 1, 2023, 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, and until
January 1, 2023, that a resident or nonresident, 16 years of
age or older and under 18 years of age, age
at the time of issuance of the license, 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.
the fee applicable for a one-day fishing license.
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, and until January 1, 2023, 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:
SECTION 1. This act shall be known, and may be cited, as the Sport
Fishing Stimulus Act of 2015.
SEC. 2. The Legislature finds and declares that California's
fisheries and fishing communities have survived through significant
changes in the last decade, including rebuilding fish stocks,
creation of a statewide network of marine protected areas, and
changing ocean climates. If California is to ensure the
sustainability of its fisheries and fishing communities and ports,
and the high-quality seafoods seafood
they provide, it is time to invest in their future.
SEC. 3. Section 7120 of the Fish and Game Code is amended to read:
7120. Except as provided in Section 7122, it is unlawful for any
person to possess more than one daily bag limit of any fish taken
under a license issued pursuant to Section 714 or Article 3
(commencing with Section 7145) unless authorized by regulations
adopted by the commission pursuant to Section 206.
SEC. 4. Section 7122 is added to the Fish and Game Code, to read:
7122. (a) For the purposes of this section, "donor intermediary"
means a recipient of fish taken under a sport fishing license from a
donor to give to a charitable organization or nonprofit organization.
(b) A donor intermediary may possess fish taken under a sport
fishing license in excess of any possession limit established
pursuant to this code or by regulations adopted by the commission at
any time if the donor intermediary has the documentation described in
subparagraph (A) or (B) of paragraph (2) of subdivision (c) and
complies with paragraph (3) of subdivision (c).
(c) A charitable organization or nonprofit organization may
possess fish taken under a sport fishing license in excess of any
possession limit established pursuant to this code or by regulations
adopted by the commission at any time if all of the following
conditions are met:
(1) The charitable organization or nonprofit organization received
the fish from a donor intermediary or from a person who took the
fish under a sport fishing license.
(2) The charitable organization or nonprofit organization has
either of the following:
(A) A photocopy of the donor's sport fishing license and any
applicable validated tag or tags that has
have been signed and dated by the donor confirming the
donation. The photocopied license and tag, stamp, or validation shall
be from the current or immediate past license year.
(B) A signed and dated document confirming the donation that
includes the donor's name, address, sport fishing license number, and
any applicable tag numbers for the species possessed. The license
and tag or tags shall be for the current or immediate past license
year.
(3) The charitable organization or nonprofit organization retains
any tag required to be affixed to the fish in the manner prescribed
in this code or by regulations adopted by the commission.
(d) The documentation required by paragraph (2) of subdivision (c)
shall be made available to the department as described in Section
2012. There is no required format for the documentation. Any written
documentation containing the required information shall be deemed to
comply with this section. A charitable organization or nonprofit
organization shall maintain the documentation described in paragraph
(2) of subdivision (c) for one year from the date of disposal.
SEC. 5. 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 amphibian 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 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).
(3) 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).
(4) 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.
(5) 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 a sport fishing
license, and compensation shall not 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) The base fees specified in this section are applicable to the
2004 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.
(f) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 6. Section 7149 is added to the Fish and Game Code, to read:
7149. (a) A sport fishing license granting the privilege to take
any fish, reptile, or amphibian anywhere in this state for purposes
other than profit shall be issued to any of the following:
(1) A resident, 18 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 forty-two dollars and fifty cents
($42.50).
(2) A nonresident, 18 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 eighty-four dollars ($84).
(3) A resident or nonresident, 16 years of age or older and under
18 years of age, for the period of 12 consecutive months beginning on
the date specified on the license, upon the payment of a base fee of
eight dollars and twenty-five cents ($8.25). A license issued
pursuant to this paragraph shall be known as a junior sport fishing
license.
(4)
(3) A nonresident, 18 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).
(5)
(4) A resident or nonresident, 18 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.
(6)
(5) A resident or nonresident, 18 years of age or
older, for one designated day, upon payment of a base fee of ten
dollars ($10).
(6) A resident or nonresident, 16 years of age or older and under
18 years of age at the time of issuance of the license, for the
period of 12 consecutive months beginning on the date specified on
the license, upon payment of the fee set forth in paragraph (5). A
license issued pursuant to this paragraph shall be known as a junior
sport fishing license and shall remain valid for 12 consecutive
months beginning on the date specified on the license regardless of
whether the person issued the license will become older than 18 years
of age during that 12 month period.
(b) California sport fishing license stamps shall be issued by
authorized license agents in the same manner as sport fishing
licenses, and compensation shall not 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 paragraphs (2) and (6)
(5) of subdivision (a) are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
(2) The base fees fee specified in
paragraphs paragraph (1) and
(3) of subdivision (a) are is
applicable to the 2018 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.
(f) This section shall become operative on January 1,
2018. 2018, and shall remain in effect only until
January 1, 2023, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2023, deletes or
extends that date.
SEC. 7. Section 7149 is added to the
Fish and Game Code , to read:
7149. (a) A sport fishing license granting the privilege to take
any fish, reptile, or amphibian 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 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).
(3) 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).
(4) 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.
(5) 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 a sport fishing
license, and compensation shall not 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) The base fees specified in this section are applicable to the
2004 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.
(f) This section shall become operative on January 1, 2023.
SEC. 7. SEC. 8. 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 amphibian 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 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).
(3) 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).
(4) 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 single-day license issued for
different days may be issued to, or possessed by, a person at one
time.
(5) 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 compensation shall not 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) The base fees specified in this section are applicable to the
2004 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.
(f) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 8. SEC. 9. Section 7149.05 is
added to the Fish and Game Code, to read:
7149.05. (a) A sport fishing license granting the privilege to
take any fish, reptile, or amphibian anywhere in this state for
purposes other than profit shall be issued to any of the following:
(1) A resident, 18 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 forty-two dollars and fifty cents
($42.50).
(2) A nonresident, 18 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 eighty-four dollars ($84).
(3) A resident or nonresident, 16 years of age or older and under
18 years of age, for the period of 12 consecutive months beginning on
the date specified on the license, upon the payment of a base fee of
eight dollars and twenty-five cents ($8.25). A license issued
pursuant to this paragraph shall be known as a junior sport fishing
license.
(4)
(3) A nonresident, 18 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).
(5)
(4) A resident or nonresident, 18 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 single-day license issued
for different days may be issued to, or possessed by, a person at one
time.
(6)
(5) A resident or nonresident, 18 years of age or
older, for one designated day upon payment of a base fee of ten
dollars ($10).
(6) A resident or nonresident, 16 years of age or older and under
18 years of age at the time of issuance of the license, for the
period of 12 consecutive months beginning on the date specified on
the license, upon payment of the fee set forth in paragraph (5). A
license issued pursuant to this paragraph shall be known as a junior
sport fishing license and shall remain valid for 12 consecutive
months beginning on the date specified on the license regardless of
whether the person issued the license will become older than 18 years
of age during that 12 month period.
(b) California sport fishing license validations shall be issued
by authorized license agents in the same manner as sport fishing
licenses, and compensation shall not 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 paragraphs (2) and (6)
(5) of subdivision (a) are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
(2) The base fees fee specified in
paragraphs paragraph (1) and
(3) of subdivision (a) are is
applicable to the 2018 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.
(f) This section shall become operative on January 1,
2018. 2018, and shall remain in effect only until
January 1, 2023, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2023,
deletes or extends that date.
SEC. 10. Section 7149.05 is added to the
Fish and Game Code , to read:
7149.05. (a) A sport fishing license granting the privilege to
take any fish, reptile, or amphibian 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 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).
(3) 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).
(4) 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.
(5) 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 compensation shall not 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) The base fees specified in this section are applicable to the
2004 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.
(f) This section shall become operative on January 1, 2023.
SEC. 9. SEC. 11. Section 7233 is
added to the Fish and Game Code, to read:
7233. The commission shall recommend legislation or adopt
regulations to clarify when a possession limit is not violated by
processing into food lawfully taken sport fish.