BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1442
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          ASSEMBLY THIRD READING
          AB 1442 (Water, Parks & Wildlife Committee)
          As Amended  April 30, 2009
          Majority vote 

           WATER, PARKS & WILDLIFE     13-0APPROPRIATIONS      16-0        
           
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          |Ayes:|Huffman, Fuller,          |Ayes:|De Leon, Nielsen,         |
          |     |Anderson, Arambula, Tom   |     |Ammiano,                  |
          |     |Berryhill, Blumenfield,   |     |Charles Calderon, Davis,  |
          |     |Caballero, Fletcher,      |     |Duvall, Krekorian, Hall,  |
          |     |Krekorian, Bonnie         |     |Harkey, Miller,           |
          |     |Lowenthal,                |     |John A. Perez, Price,     |
          |     |John A. Perez, Salas,     |     |Skinner, Solorio, Audra   |
          |     |Yamada                    |     |Strickland, Torlakson     |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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  








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            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 (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 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)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.   

          12)Makes technical corrections to provisions of the Government  
            Code relating to oil spill cleanups which incorrectly included  
            diesel fuel as an example of a non-persistent oil.

          13)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 charged with  
          implementing and enforcing the provisions of the Fish and Game  
          Code.  The Office of Spill Prevention and Response, a division  








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          of DFG, administers provisions of the Government Code relating  
          to oil spill prevention and response.

           FISCAL EFFECT  :  Minor absorbable costs.

           COMMENTS  :   This measure is an omnibus committee bill, the  
          purpose of which is to update and improve the Fish and Game  
          Code, 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.


           Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916)  
          319-2096 


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