BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1442 (Huffman)
Hearing Date: 07/13/2009 Amended: 06/28/2009
As proposed to be amended
Consultant: Brendan McCarthy Policy Vote: NR&W 10-0
AB 1442 (Huffman)
Page 2
_________________________________________________________________
____
BILL SUMMARY: This bill makes a variety of changes to the Fish
and Game Code and the Government Code, relating to wildlife and
resource protection. The changes include a number of technical
changes and the extension of several program sunset dates.
_________________________________________________________________
____
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Sale of voluntary stamps, Unknown, minor revenuesSpecial
*
licenses, and donations
Extension of Dungeness $85 $170 Special
**
crab regulation
Extension of Sea Cucumber $16
$33Special **
regulation
Enforcement for extended Unknown, minor
costs. Special *
programs
Extension of wetland $20 $20 $20 Special
***
mitigation oversight
* Fish and Game Preservation Fund.
** Fish and Game Preservation Fund. Fully offset by fee
revenues.
*** Various special funds. Potentially offset with fee revenues.
_________________________________________________________________
____
STAFF COMMENTS:
This bill makes a large number of changes to the Fish and Game
Code and the Government Code, many of which are technical in
nature. In addition, the bill makes several substantive changes
to the code.
AB 1442 (Huffman)
Page 2
The bill authorizes the Department of Fish and Game to enter
into agreements with neighboring states to provide reciprocal
law enforcement assistance relating to wildlife and natural
resources.
The bill authorizes the Department to accept donations to
support its canine program. The bill authorizes the Department
to issue a special stamp to support Fish and Game Wardens.
(Stamps are typically sold in addition to hunting or fishing
licenses and entitle the bearer to take specified species.) The
stamp would be voluntary and would not be affixed to the
purchaser's license. The bill also authorizes the Department to
issue collectable, commemorative hunting licenses to support
hunting and resource protection. The collectible licenses would
not confer any authority to hunt or fish. The Department
anticipates these provisions will generate unknown, but minor
additional revenues.
The bill authorizes the Department to waive permit fees for
fishing or hunting derbies that are intended to educate
participants about hunting and fishing. The Department does not
believe that this would result in significant revenue losses.
The bill makes it unlawful to remove the collar from a hunting
dog without the owner's permission.
The bill clarifies in statute that violations of regulations
issued by the Fish and Game Code are violations of state law.
(The Department has indicated that local prosecutors have been
hesitant in the past to charge violators of regulations with a
crime.)
The bill authorizes county officials to take certain mammals
during disease outbreaks upon the approval of the Department.
The bill excludes the Smith River from a list of inland water
bodies at which anglers may use two fishing poles at once.
The bill extends the sunset of programs to regulate the take of
Dungeness crabs and Sea Cucumbers. The Department estimates that
the combined cost to administer these programs is about $200,000
per year, which is fully covered by fee revenues. In addition,
the Department incurs some additional costs to enforce the
requirements of these programs. Because the Department does not
AB 1442 (Huffman)
Page 2
track enforcement expenditures by program or species, it can not
determine the additional cost to continue enforcement of these
code sections. However, given that the Department conducts a
variety of marine enforcement actions, the marginal cost to
continue enforcing these provisions is likely to be minor.
The bill authorizes a court to reduce a charge for the illegal
taking of a mammal or bird if the accused can demonstrate that
he or she had a valid hunting license.
The bill authorizes the Department to seek administrative
penalties for violations of the code, once the appeals period
has expired.
As proposed to be amended, the bill extends the sunset of an
existing program under which the Department authorizes the
establishment of mitigation banks used to satisfy regulatory
mitigation requirements. The Department has about 40 pending
applications, which cost roughly $1,000 per application to
process. The Department indicates that it is developing a policy
to require applicants to reimburse the Department for its costs.
The proposed amendments also include a few technical changes.