BILL NUMBER: AB 1052 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2009
AMENDED IN SENATE AUGUST 17, 2009
AMENDED IN SENATE JULY 14, 2009
AMENDED IN SENATE JULY 1, 2009
AMENDED IN SENATE JUNE 17, 2009
INTRODUCED BY Assembly Member Caballero
FEBRUARY 27, 2009
An act to amend Section 7360 7361
of, to amend, renumber, and add Section 7362 of, to add Section 7364
to, and to repeal Section Sections 7360 and
7363 of, the Fish and Game Code, relating to sport fishing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1052, as amended, Caballero. Bay-Delta Sport Fishing
Enhancement Stamp.
Existing law prohibits a person from sport fishing in the tidal
waters of the San Francisco Bay Delta and the main stem of the
Sacramento and San Joaquin Rivers, including major tributaries, below
the most downstream dam, unless he or she first obtains a Bay-Delta
Sport Fishing Enhancement Stamp or validation and affixes that stamp
or validation to a valid sport fishing license. Existing law requires
the Department of Fish and Game or an authorized license agent to
issue a Bay-Delta Sport Fishing Enhancement Stamp or validation upon
payment of a prescribed fee. Existing law requires the funds
generated by the imposition of these fees to be deposited in a
separate account in the Fish and Game Preservation Fund, to be used
solely for the long-term, sustainable benefit of the primary
Bay-Delta sport fisheries, as specified. Existing law requires the
director to appoint a 9 member Bay-Delta Sport Fishing Enhancement
Stamp Fund Advisory Committee to recommend to the department projects
and budgets for the expenditure of fee revenue. Those provisions are
repealed as of January 1, 2010.
This bill would delete that repeal, and, instead, make
the stamp or validation requirement inoperative as of January 1,
2013. Under the bill the stamp or validation would not be required
from January 1, 2010, to January 1, 2012, inclusive
repeal the requirement to obtain a Bay-Delta Sport Fishing
Enhancement Stamp or validation . The bill would continue
indefinitely the Bay-Delta Sport Fishing Enhancement Stamp Advisory
Committee, and would require the department to implement
various provisions related to expenditures from the account. The bill
would require the department, in consultation with the advisory
committee, to develop a grant program, as prescribed. The department
would be required to post on its Internet Web site projects
undertaken with funds from the account.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7360 of the Fish and Game
Code is amended to read:
7360. (a) A person shall not sport fish in the tidal waters of
the San Francisco Bay Delta and the main stem of the Sacramento and
San Joaquin Rivers, including major tributaries, below the most
downstream dam, unless he or she first obtains, in addition to a
valid California sport fishing license and any applicable stamp or
validation issued pursuant to Section 7149 or 7149.05, a Bay-Delta
Sport Fishing Enhancement Stamp or validation and affixes that stamp
or validation to his or her valid California sport fishing license.
Any person issued a sport fishing license pursuant to paragraph (4)
or (5) of subdivision (a) of Section 7149 or paragraph (4) or (5) of
subdivision (a) of Section 7149.05 is not subject to this division.
(b) The commission may modify, by regulation, the geographic
parameters specified in subdivision (a).
(c) The department or an authorized license agent shall issue a
Bay-Delta Sport Fishing Enhancement Stamp or validation upon payment
of a base fee of five dollars ($5), in the 2004 license year, which
shall be adjusted annually thereafter pursuant to Section 713, except
that, notwithstanding subdivision (a), the Bay-Delta Sport Fishing
Enhancement Stamp or validation shall not be required and the fee
shall not be charged from January 1, 2010, to January 1, 2012,
inclusive.
(d) This section is inoperative on and after January 1, 2013.
SECTION 1. Section 7360 of the Fish and
Game Code is repealed.
7360. (a) A person shall not sport fish in the tidal waters of
the San Francisco Bay Delta and the main stem of the Sacramento and
San Joaquin Rivers, including major tributaries, below the most
downstream dam, unless he or she first obtains, in addition to a
valid California sport fishing license and any applicable stamp or
validation issued pursuant to Section 7149 or 7149.05, a Bay-Delta
Sport Fishing Enhancement Stamp or validation and affixes that stamp
or validation to his or her valid California sport fishing license.
Any person issued a sport fishing license pursuant to paragraph (4)
or (5) of subdivision (a) of Section 7149 or paragraph (4) or (5) of
subdivision (a) of Section 7149.05 is not subject to this division.
(b) The commission may modify, by regulation, the geographic
parameters specified in subdivision (a).
(c) The department or an authorized license agent shall issue a
Bay-Delta Sport Fishing Enhancement Stamp or validation upon payment
of a base fee of five dollars ($5), in the 2004 license year, which
shall be adjusted annually thereafter pursuant to Section 713.
SEC. 2. Section 7361 of the Fish and
Game Code is amended to read:
7361. (a) Fees received by the department pursuant to
Section 7360 from the sale of the Bay-Delta Sport
Fishing Enhancement Stamp or validation shall be deposited in a
separate account in the Fish and Game Preservation Fund. The
Bay-Delta Sport Fishing Enhancement Stamp or validation shall not be
required, and no fee shall be collected, as of January 1, 2010.
(b) The department shall expend the funds in that account for the
long-term, sustainable benefit of the primary Bay-Delta sport
fisheries, including, but not limited to, striped bass, sturgeon,
black bass, halibut, salmon, surf perch, steelhead trout, and
American shad. Funds shall be expended to benefit sport fish
populations, sport fishing opportunities, and anglers within the
geographic parameters established in Section 7360
tidal waters of the San Francisco Bay Delta and the main stem of
the Sacramento and San Joaquin Rivers, including major tributaries,
below the most downstream dam , and consistent with the
requirements of the federal Endangered Species Act of 1973 (16 U.S.C.
Sec. 1531 et seq.) and the California Endangered Species Act
(Chapter 1.5 (commencing with Section 2050) of Division 3
3) , the ecosystem restoration component of the
CALFED Programmatic Record of Decision dated August 28, 2000, and
applicable commission policies.
(c) It is the intent of the Legislature that these funds be used
to augment, not replace, funding that would otherwise be allocated to
Bay-Delta sport fisheries from the sale of fishing licenses, the
California Bay-Delta Authority, or other federal, state, or local
funding sources.
SEC. 2. SEC. 3. Section 7362 of the
Fish and Game Code, as amended by Section 1 of Chapter 637 of the
Statutes of 2008, is amended and renumbered to read:
7363. (a) The director shall appoint a Bay-Delta Sport Fishing
Enhancement Stamp Fund Advisory Committee, consisting of nine
members. The committee members shall be selected from names of
persons submitted by anglers and associations representing Bay-Delta
anglers of this state and shall serve at the discretion of the
director for terms of not more than four years. The director shall
appoint persons to the committee who possess experience in subjects
with specific value to the committee and shall attempt to balance the
perspective of different anglers.
(b) The advisory committee shall recommend to the department
projects and budgets for the expenditure of revenue received
pursuant to Section 7360 the funds from the account
established in Section 7361 . The department shall give full
consideration to the committee's recommendations.
(c) The department shall submit to the advisory committee and the
Chief Clerk of the Assembly and the Secretary of the Senate for
distribution to the appropriate fiscal and policy committees of the
Legislature, at least annually, on or before January 10 of each year,
an accounting of funds derived from the Bay-Delta Sport Fishing
Enhancement Stamps and validations, including the number of
stamps and validations sold, funds generated and expended
, and administrative expenditures, and the status
of programs funded pursuant to this article. In addition, the
department shall report, at least annually, to the committee on the
status of projects undertaken with funds from that stamp or
validation, including reporting the department's reasoning in cases
where committee recommendations are not followed.
(d) The department shall post on its Internet Web site projects
undertaken with funds from the account established in Section 7361.
At a minimum, the Internet Web site shall list the project title,
applicant, a brief description of the project, the amount approved,
and the project's status.
SEC. 3. SEC. 4. Section 7362 is
added to the Fish and Game Code, to read:
7362. (a) The department, in consultation with the advisory
committee created pursuant to Section 7363, shall develop a grant
program to support activities consistent with Section 7361.
(b) The department, in consultation with the advisory committee,
shall develop priority areas for funding under the grant program. The
department shall give the advisory committee an opportunity to
review any draft public solicitation notice before that notice is
finalized and released to the public.
(c) The advisory committee shall assist the department in
providing outreach to encourage wide participation in the grant
program.
(d) The department shall provide the advisory committee a copy of
all grant applications. The advisory committee shall have a minimum
of 30 days to review projects and provide recommendations to the
department.
SEC. 4. SEC. 5. Section 7363 of the
Fish and Game Code is repealed.
SEC. 5. SEC. 6. Section 7364 is
added to the Fish and Game Code, to read:
7364. (a) The department shall do all of the following:
(1) In consultation with the advisory committee, develop a
spending plan that focuses on identifying and funding viable projects
and monitoring revenues to assist the department in effectively
expending available stamp revenues in a manner consistent with the
purposes described in Section 7361. The spending plan shall be
completed by January 31, 2010. Upon completion, a copy of the
spending plan shall be provided to the Legislature.
(2) Track and report the costs of projects funded pursuant to this
article by doing both of the following:
(A) Improve the tracking of individual project expenditures by
assigning a separate account to each project within the department's
accounting system.
(B) Require a project manager to approve all expenditures directly
related to the manager's projects, periodically reconcile records
for each project with accounting records, and report expenditures to
staff responsible for preparing advisory committee reports.
(3) Reimburse the department's general fund appropriation for any
lease payment charged to the department's general fund appropriation
on or before January 1, 2010, that was eligible to be paid from the
account established in Section 7361.
(4) Ensure that employees of the department appropriately charge
their time to projects funded pursuant to this article by providing
guidelines to employees concerning when to charge activities to the
account established in Section 7361.
(b) The department shall not charge payroll costs to the account
established in Section 7361 for employee activities that are not
related to the implementation of this article. The department shall
determine whether any other expenditure has been inappropriately
charged to the account established in Section 7361 and shall make all
necessary accounting adjustments.