BILL ANALYSIS
AB 1442
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Date of Hearing: April 28, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AB 1442 (Committee on Water, Parks & Wildlife) - As Amended:
April 2, 2009
SUBJECT : Fish and Game Code
SUMMARY : Makes several changes to update, correct and improve
the Fish and Game Code, and makes technical corrections to the
Government Code. Specifically, this bill :
1)Authorizes the Department of Fish and Game (DFG) to seek and
accept donations from private and public organizations in
support of its Canine (K9) program.
2)Authorizes DFG to issue collectible, commemorative hunting
licenses for purposes of promoting and supporting licensed
hunting and resource conservation.
3)Authorizes county officials to take certain mammals involved
in dangerous disease outbreaks upon the approval of and in the
manner approved by DFG.
4)Excludes the Smith River from the list of inland waters in
which two fishing rods may be used to protect salmon and
steelhead.
5)Clarifies when a fish wholesaler's or fish importer's license
is required.
6)Extends the sunset on provisions of existing law relating to
sea cucumbers and Dungeness crab vessel permits, which will
otherwise sunset next year.
7)Updates provisions relating to the seizure of animals
illegally taken, possessed, sold, imported or transported in
the state to also include the illegal taking possession, sale,
or transport of aquaculture products.
8)Requires the Wildlife Conservation Board, in determining what
streams and lakes are suitable for fishing and hunting, in
consultation with DFG, to consider areas of the state where
public access and opportunity for fishing and hunting are most
AB 1442
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needed. Authorizes the Board, if feasible, to require
properties leased for habitat restoration to be open to the
public for compatible wildlife-dependent recreational
opportunities.
9)Authorizes derby contests for fishing to also apply to other
game species, and authorizes DFG to waive the permit fee if
the primary purpose of the derby is to educate young persons
about fishing or hunting.
10)Makes it unlawful to remove a collar from a hunting dog
without permission of the owner.
11)Makes technical changes to provisions of existing law
relating to a crab pilot study authorized through legislation
enacted last session.
12)Authorizes a court to reduce a charge for taking a mammal or
bird without having a required hunting license, stamp or tag
from a misdemeanor to an infraction if the person charged
produces the license, stamp or tag, and the license, stamp or
tag was valid at the time of the arrest, and the taking was
otherwise lawful. Provides that the fine for such a violation
may be not less than $50 and not more than $250.
13)Makes technical corrections to provisions of the Government
Code relating to oil spill cleanup which were amended in
legislation enacted last year, and which incorrectly included
diesel fuel within the definition of a non-persistent oil.
14)Makes other technical amendments to change incorrect code
references.
EXISTING LAW : The Fish and Game Code contains numerous
provisions governing the taking, management and protection of
fish and wildlife in the State. DFG is generally charged with
implementing and enforcing the provisions of the Fish and Game
Code. The Office of Spill Prevention and Response, a division
of DFG, also administers provisions of the Government Code
relating to oil spill prevention and response.
FISCAL EFFECT : Unknown
COMMENTS : This measure is an omnibus Fish and Game Code
committee bill, the purpose of which is to make several changes
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to update and improve the Fish and Game Code. From time to time
it is necessary to make changes to update the codes, to assist
the State in managing natural resources, and to make technical
corrections. An omnibus bill serves as a vehicle to make
several non-controversial changes to the codes that would
otherwise require separate pieces of legislation.
REGISTERED SUPPORT / OPPOSITION :
Support
California Outdoor Heritage Alliance.
Pacific Coast Federation of Fisherman's Association (with
Amendments)
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096