BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: AB 1442 HEARING DATE: June 23, 2009
AUTHOR: Water, Parks, and Wildlife URGENCY: No
VERSION: June 15, 2009 CONSULTANT: Marie Liu
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Fish and game: oil spills: wildlife rehabilitation.
BACKGROUND AND EXISTING LAW
The Fish and Game Code includes various laws governing the
taking, management and protection of fish and wildlife. The
Department of Fish and Game (DFG) is charged with implementing
and enforcing the provisions of the Fish and Game Code and
regulations. Existing law also authorizes the Fish and Game
Commission authority to adopt regulations establishing specific
rules regarding the taking of fish and game.
PROPOSED LAW
Authorizes the director of DFG to enter into reciprocal
operational agreements with authorized representatives from
Oregon, Nevada or Arizona state law enforcement agencies to
promote law enforcement service in the state border areas.
(Sections 1 and 2)
Authorizes DFG to seek and accept donations from private and
public organizations in support of its Canine (K9) program.
(Section 3)
Authorizes DFG to issue a fish and game warden stamp that may
be voluntarily purchased for a donation of at least five
dollars. All revenues shall be deposited into the Fish and
Game Warden Stamp Account in the Fish and Game Preservation
Fund to support the department's fish and game wardens.
(Section 4)
Authorizes DFG to issue collectible, commemorative hunting
licenses for purposes of promoting and supporting licensed
hunting and resource conservation. (Section 5)
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
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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. (Sections 6 and 7)
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. (Section 8)
Makes it unlawful to remove a collar from a hunting dog
without permission of the owner. (Section 9)
Clarifies existing law that makes it unlawful to violate fish
and game regulations contained in Title 14 of the California
Code of Regulations, and makes a violation of these regulatory
provisions punishable as provided in Section 12000 of the Fish
and Game Code. (Section 10)
Authorizes county officials to take certain mammals involved
in dangerous disease outbreaks upon the approval of and in the
manner approved by DFG. (Section 12)
Excludes the Smith River from the list of inland waters in
which two fishing rods may be used. (Section 14)
Clarifies when a fish wholesaler's or fish importer's license
is required. (Sections 15 and 16)
Extends the sunset on provisions of existing law relating to
sea cucumbers and Dungeness crab vessel permits, which will
otherwise sunset next year. (Sections 17 and 18)
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. (Section 19)
Authorizes DFG to apply to the clerk of the appropriate court
for a judgment to collect an administrative civil penalty
imposed pursuant to existing provisions of law, after the
expiration of the time period to appeal the penalty has
passed. (Section 20)
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. (Sections 21, 22,
and 23)
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. (Sections
24)
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Makes other technical amendments to change incorrect code
references. (Sections 11, 13, 25, and 26)
ARGUMENTS IN SUPPORT
DFG's ability to enforce fish and wildlife laws and regulations
has been severely hampered by a lack of resources and an
insufficient number of game wardens. According to the author,
"Warden staffing levels are now at the level they were in the
1950s (with approximately 200 to cover the entire state),
although the state's population has grown exponentially since
that time. In addition, when citations are issued or penalties
assessed for fish and game violations, there are often problems
collecting penalties or in getting local prosecutors and courts
to give prosecution of fish and game laws the same priority as
other laws." Furthermore, according to the author, this bill
intends to enhance effective enforcement of the state's fish and
game laws by doing the following:
1. Authorizes DFG to enter into reciprocal agreements with
other states for assistance with fish and game enforcement
at state borders. This will help DFG wardens in responding
to emergencies, particularly in rural areas where roads and
watersheds do not always follow state boundaries. These
provisions would only apply in the limited circumstances
specified, within 50 miles of state borders, in responding
to emergencies or requests from DFG for law enforcement
assistance, and where the other state also has entered into
a reciprocal agreement with California.
2. Clarifies in statute that it is unlawful to violate fish
and game regulations. Many of California's fish and game
rules are established in regulations adopted by the Fish
and Game Commission and codified in the California Code of
Regulations, since the Legislature has delegated that
authority to the Commission. Specifying in statute that it
is unlawful to violate fish and game regulations and
existing penalties restates existing law. However, this
section will provide clarification to local prosecutors who
in some cases have been reluctant to prosecute violations
because the law is specified in regulations rather than in
statute.
3. Clarifies DFG's authority to apply to a court to collect
administrative civil penalties, following expiration of the
time for appeal of the order. This provision will enhance
recovery of civil penalties to the state. In some cases
administrative civil penalties authorized by statute have
gone unpaid because DFG's collection authority was unclear.
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ARGUMENTS IN OPPOSITION
The California Federation for Animal Legislation submitted their
opposition to this bill but gave no explanation.
COMMENTS
Support a warden, buy a stamp : This bill would allow DFG to
create a warden stamp for voluntary purchase. Proceeds would go
to support the fish and game wardens. While there is no
intention for the purchaser of the stamp to receive preferential
treatment, the committee may wish to specify that the warden
stamp is not to be affixed to any license or permit to so that
there is no illusion of such. [See amendment 1]
Fishing in the Smith River: Anglers are required to obtain a
second-rod fishing validation in order to use two fishing rods
in certain inland waters for the protection of salmon and
steelhead trout. In any waters where barbless hooks are
required, the use of two fishing rods is prohibited. According
to the author, "The Smith River is the only river in Northern
California where anglers can fish with barbed hooks to take
salmon and steelhead, thus this section inadvertently allowed
for the use of two fishing rods in the Smith River." This bill
would clarify that two fishing rods may not be used on the Smith
River.
SUGGESTED AMENDMENTS
AMENDMENT 1
On page 9, line 5, after "System." insert:
There shall be no indication of the purchase of a warden stamp
on any license or permit.
SUPPORT
California Outdoor Heritage Alliance
Los Angeles County District Attorney's Office
Pacific Coast Federation of Fishermen's Associations
OPPOSITION
California Federation for Animal Legislation
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