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 ofbegin delete 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 deletebegin insert the applicable fee.end insert
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.
end deleteThis 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 at the time of issuance of the license, to be issued a junior sport fishing license for the period ofbegin delete 12 consecutive months beginning on the date specified on the license,end deletebegin insert a calendar year, or, if issued after the beginning of the year, for the remainder of the year,end insert upon payment of the fee applicable for a one-day fishing license.begin insert The bill would also increase from January 1, 2018, until January 1, 2023, the age of persons eligible for a nonresident 10-day sport fishing license and a resident and nonresident one-day and 2-day sport fishing license from 16 years of age or older to 18 years of age and older.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.
end deleteOn 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.
end deleteVote: 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
9seafood 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
P4 1taken under a license issued pursuant to Section 714 or Article 3
2(commencing with Section 7145) unless authorized by regulations
3adopted by the commission pursuant to Section 206.
Section 7122 is added to the Fish and Game Code, to
5read:
(a) For the purposes of this section, “donor intermediary”
7means a recipient of fish taken under a sport fishing license from
8a donor to give to a charitable organization or nonprofit
9organization.
10(b) A donor intermediary may possess fish taken under a sport
11fishing license in excess of any possession limit established
12pursuant to this code or by regulations adopted by the commission
13at any time if the donor intermediary has the documentation
14described in subparagraph (A) or (B) of paragraph (2) of
15subdivision (c) and complies with paragraph (3) of subdivision
16(c).
17(c) A charitable organization or
nonprofit organization may
18possess fish taken under a sport fishing license in excess of any
19possession limit established pursuant to this code or by regulations
20adopted by the commission at any time if all of the following
21conditions are met:
22(1) The charitable organization or nonprofit organization
23received the fish from a donor intermediary or from a person who
24took the fish under a sport fishing license.
25(2) The charitable organization or nonprofit organization has
26either of the following:
27(A) A photocopy of the donor’s sport fishing license and any
28applicable validated tag or tags that have been signed and dated
29by the donor confirming the donation. The photocopied license
30and tag, stamp, or validation shall
be from the current or immediate
31past license year.
32(B) A signed and dated document confirming the donation that
33
includes the donor’s name, address, sport fishing license number,
34and any applicable tag numbers for the species possessed. The
35license and tag or tags shall be for the current or immediate past
36license year.
37(3) The charitable organization or nonprofit organization retains
38any tag required to be affixed to the fish in the manner prescribed
39in this code or by regulations adopted by the commission.
P5 1(d) The documentation required by paragraph (2) of subdivision
2(c) shall be made available to the department as described in
3Section 2012. There is no required format for the documentation.
4Any written documentation containing the required information
5shall be deemed to comply with this section. A charitable
6organization or nonprofit organization shall maintain the
7documentation
described in paragraph (2) of subdivision (c) for
8one year from the date of disposal.
Section 7149 of the Fish and Game Code is amended
10to read:
(a) A sport fishing license granting the privilege to take
12any fish, reptile, or amphibian anywhere in this state for purposes
13other than profit shall be issued to any of the following:
14(1) A resident, 16 years of age or older, for the period of a
15calendar year, or, if issued after the beginning of the year, for the
16remainder thereof, upon payment of a base fee of thirty-one dollars
17and twenty-five cents ($31.25).
18(2) A nonresident, 16 years of age or older, for the period of a
19calendar year, or, if issued after the beginning of the year, for the
20remainder thereof, upon payment of a base fee of eighty-four
21dollars ($84).
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 a sport fishing
34license, and compensation shall not be paid to the authorized
35license agent for issuing the stamps except as provided in Section
361055.
37(c) This section does not apply to licenses, permits, reservations,
38tags, or other entitlements issued through the Automated License
39Data 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.
Section 7149 is added to the Fish and Game Code, to
12read:
(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 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(4) A resident or nonresident, 18 years of age or older, for two
27consecutive designated calendar days, upon payment of one-half
28of
the fee set forth in paragraph (1). Notwithstanding Section 1053,
29more than one two-day license issued for different two-day periods
30may be issued to, or possessed by, a person at one time.
31(5) A resident or nonresident, 18 years of age or older, for one
32designated day, upon payment of a base fee of ten dollars ($10).
33(6) A resident or nonresident, 16 years of age or older and under
3418 years of age at the time of issuance of the license, for the period
35of 12 consecutive months beginning on the date specified on the
36license, upon payment of the fee set forth in paragraph (5). A
37license issued pursuant to this paragraph shall be known as a junior
38sport fishing license and shall
remain valid for 12 consecutive
39months beginning on the date specified on the license regardless
P7 1of whether the person issued the license will become older than
218 years of age during that 12 month period.
3(b) California sport fishing license stamps shall be issued by
4authorized license agents in the same manner as sport fishing
5licenses, and compensation shall not be paid to the authorized
6license agent for issuing the stamps except as provided in Section
71055.
8(c) This section does not apply to licenses, permits, reservations,
9
tags, or other entitlements issued through the Automated License
10Data System.
11(d) (1) The base fees specified in paragraphs (2) and (5) of
12subdivision (a) are applicable to the 2004 license year, and shall
13be adjusted annually thereafter pursuant to Section 713.
14(2) The base fee specified in
paragraph (1) of subdivision (a) is
15applicable to the 2018 license year, and shall be adjusted annually
16thereafter pursuant to Section 713.
17(e) The commission shall adjust the amount of the fees specified
18in subdivision (d), as necessary, to fully recover, but not exceed,
19all reasonable administrative and implementation costs of the
20department and the commission relating to those licenses.
21(f) This section shall become operative on January 1,
2018, and
22shall remain in effect only until January 1, 2023, and as of that
23date is repealed, unless a later enacted statute, that is enacted before
24January 1, 2023, deletes or extends that date.
Section 7149 is added to the Fish and Game Code, to
26read:
(a) A sport fishing license granting the privilege to take
28any fish, reptile, or amphibian anywhere in this state for purposes
29other than profit shall be issued to any of the following:
30(1) A resident, 16 years of age or older, for the period of a
31calendar year, or, if issued after the beginning of the year, for the
32remainder thereof, upon payment of a base fee of thirty-one dollars
33and twenty-five cents ($31.25).
34(2) A nonresident, 16 years of age or older, for the period of a
35calendar year, or, if issued after the beginning of the year, for the
36remainder thereof, upon payment of a base fee of eighty-four
37dollars
($84).
38(3) A nonresident, 16 years of age or older, for the period of 10
39consecutive days beginning on the date specified on the license,
40upon payment of the fee set forth in paragraph (1).
P8 1(4) A resident or nonresident, 16 years of age or older, for two
2consecutive designated calendar days, upon payment of one-half
3of the fee set forth in paragraph (1). Notwithstanding Section 1053,
4more than one two-day license issued for different two-day periods
5may be issued to, or possessed by, a person at one time.
6(5) A resident or nonresident, 16 years of age or older, for one
7designated day, upon payment of a base fee of ten dollars ($10).
8(b) California sport fishing license
stamps shall be issued by
9authorized license agents in the same manner as a sport fishing
10license, and compensation shall not be paid to the authorized
11license agent for issuing the stamps except as provided in Section
121055.
13(c) This section does not apply to licenses, permits, reservations,
14tags, or other entitlements issued through the Automated License
15Data System.
16(d) The base fees specified in this section are applicable to the
172004 license year, and shall be adjusted annually thereafter
18pursuant to Section 713.
19(e) The commission shall adjust the amount of the fees specified
20in subdivision (d), as necessary, to fully recover, but not exceed,
21all reasonable administrative and implementation costs of the
22department
and the commission relating to those licenses.
23(f) This section shall become operative on January 1, 2023.
Section 7149.05 of the Fish and Game Code is amended
26to read:
(a) A sport fishing license granting the privilege to
28take any fish, reptile, or amphibian anywhere in this state for
29purposes other than profit shall be issued to any of the following:
30(1) A resident, 16 years of age or older, for the period of a
31 calendar year, or, if issued after the beginning of the year, for the
32remainder thereof, upon payment of a base fee of thirty-one dollars
33and twenty-five cents ($31.25).
34(2) A nonresident, 16 years of age or older, for the period of a
35calendar year, or, if issued after the beginning of the year, for the
36remainder thereof, upon payment of a base fee of eighty-four
37dollars
($84).
38(3) A nonresident, 16 years of age or older for the period of 10
39consecutive days beginning on the date specified on the license,
40upon payment of the fee set forth in paragraph (1).
P9 1(4) A resident or nonresident, 16 years of age or older, for two
2designated days, upon payment of one-half the fee set forth in
3paragraph (1). Notwithstanding Section 1053, more than one
4single-day license issued for different days may be issued to, or
5possessed by, a person at one time.
6(5) A resident or nonresident, 16 years of age or older, for one
7designated day upon payment of a base fee of ten dollars ($10).
8(b) California sport fishing license validations shall be issued
9by
authorized license agents in the same manner as sport fishing
10licenses, and compensation shall not be paid to the authorized
11license agent for issuing the validations except as provided in
12Section 1055.1.
13(c) This section applies only to licenses, permits, reservations,
14tags, and other entitlements issued through the Automated License
15Data System.
16(d) The base fees specified in this section are applicable to the
172004 license year, and shall be adjusted annually thereafter
18pursuant to Section 713.
19(e) The commission shall adjust the amount of the fees specified
20in subdivision (d), as necessary, to fully recover, but not exceed,
21all reasonable administrative and implementation costs of the
22department and the
commission relating to those licenses.
23(f) This section shall remain in effect only until January 1, 2018,
24and as of that date is repealed, unless a later enacted statute, that
25is enacted before January 1, 2018, deletes or extends that date.
Section 7149.05 is added to the Fish and Game Code,
28to read:
(a) A sport fishing license granting the privilege to
30take any fish, reptile, or amphibian anywhere in this state for
31purposes other than profit shall be issued to any of the following:
32(1) A resident, 18 years of age or older, for the period ofbegin delete 12
33consecutive months beginning on the date specified on the license,end delete
34begin insert a calendar year,end insertbegin insert or, if issued after the beginning of the
year, for
35the remainder thereof,end insert upon payment of a base fee ofbegin delete forty-two begin insert end insertbegin insertthirty-one dollars and twenty-five
36dollars and fifty cents ($42.50).end delete
37cents ($31.25).end insert
38(2) A nonresident, 18 years of age or older, for the period ofbegin delete 12 begin insert end insert
39consecutive months beginning on the date specified on the license,end delete
40begin inserta
calendar year, or, if issued after the beginning of the year, for
P10 1the remainder thereof,end insert upon payment of a base fee of eighty-four
2dollars ($84).
3(3) A nonresident, 18 years of age or older for the period of 10
4consecutive days beginning on the date specified on the license,
5upon payment of the fee set forth in paragraph (1).
6(4) A resident or nonresident, 18 years of age or older, for two
7designated days, upon payment of one-half the fee set forth in
8paragraph (1). Notwithstanding Section 1053, more than one
9
single-day license issued for different days may be issued to, or
10possessed by, a person at one time.
11(5) A resident or nonresident, 18 years of age or older, for one
12designated day upon payment of a base fee of ten dollars ($10).
13(6) A resident or nonresident, 16 years of age or older and under
1418 years of age at the time of issuance of the license, for the period
15ofbegin delete 12 consecutive months beginning on the date specified on the begin insert end insertbegin inserta
calendar year, or, if issued after the beginning of the
16license,end delete
17year, for the remainder thereof,end insert upon payment of the fee set forth
18in paragraph (5). A license issued pursuant to this paragraph shall
19be known as a junior sport fishing license and shall remain valid
20forbegin delete 12 consecutive months beginning on the date
specified on the
21licenseend delete
22the license will become older than 18 years of age duringbegin delete that 12 begin insert the calendar year.end insert
23month period.end delete
24(b) California sport fishing license validations shall be issued
25by authorized license agents in the same manner as sport fishing
26licenses, and compensation shall not be paid to the authorized
27license agent for issuing the validations except as provided in
28Section 1055.1.
29(c) This section applies only to licenses, permits, reservations,
30tags, and other entitlements issued through the Automated License
31Data System.
32(d) begin delete(1)end deletebegin delete end deleteThe base fees specified inbegin delete paragraphs (2) and
(5) of
33subdivision (a)end delete
34and shall be adjusted annually thereafter pursuant to Section 713.
35(2) The base fee specified in paragraph (1) of subdivision (a)
is
36applicable to the 2018 license year, and shall be adjusted annually
37thereafter pursuant to Section 713.
38(e) The commission shall adjust the amount of the fees specified
39in subdivision (d), as necessary, to fully recover, but not exceed,
P11 1all reasonable administrative and implementation costs of the
2department and the commission relating to those licenses.
3(f) This section shall become operative on January 1, 2018, and
4shall remain in effect only until January 1, 2023, and as of that
5date is repealed, unless a later enacted statute, that is enacted before
6January 1, 2023, deletes or extends that date.
Section 7149.05 is added to the Fish and Game Code,
9to read:
(a) A sport fishing license granting the privilege to
11take any fish, reptile, or amphibian 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 the license,
23upon payment of the fee set forth in paragraph (1).
24(4) A resident or nonresident, 16 years of age or older, for two
25designated days, upon payment of one-half the fee set forth in
26paragraph (1). Notwithstanding Section 1053, more than one
27single-day license issued for different days may be issued to, or
28possessed 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 validations shall be issued
32by
authorized license agents in the same manner as sport fishing
33licenses, and compensation shall not be paid to the authorized
34license agent for issuing the validations except as provided in
35Section 1055.1.
36(c) This section applies only to licenses, permits, reservations,
37tags, and other entitlements issued through the Automated License
38Data System.
P12 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 become operative on January 1, 2023.
Section 7233 is added to the Fish and Game Code, to
11read:
The commission shall recommend legislation or adopt
13regulations to clarify when a possession limit is not violated by
14processing into food lawfully taken sport fish.
O
96