BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1442|
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THIRD READING
Bill No: AB 1442
Author: Committee on Water, Parks and Wildlife
Amended: 7/15/09 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 10-0, 6/23/09
AYES: Pavley, Cogdill, Hollingsworth, Huff, Kehoe, Leno,
Padilla, Simitian, Wiggins, Wolk
NO VOTE RECORDED: Benoit
SENATE APPROPRIATIONS COMMITTEE : 12-0, 7/13/09
AYES: Kehoe, Cox, Corbett, Denham, Hancock, Leno, Price,
Runner, Walters, Wolk, Wyland, Yee
NO VOTE RECORDED: Oropeza
ASSEMBLY FLOOR : 78-0, 5/28/09 - See last page for vote
SUBJECT : Fish and game: oil spills: wildlife
rehabilitation
SOURCE : Author
DIGEST : 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.
ANALYSIS : Under existing law, the Fish and Game Code
includes various laws governing the taking, management and
CONTINUED
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protection of fish and wildlife. The Department of Fish
and Game (Department) 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.
This bill:
1.Makes a large number of changes to the Fish and Game
Code and the Government Code, many of which are
technical in nature.
2.Makes several substantive changes to the code.
3.Authorizes the Department to enter into agreements with
neighboring states to provide reciprocal law enforcement
assistance relating to wildlife and natural resources.
4.Authorizes the Department to accept donations to support
its canine program
5.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 is a voluntary and is not to be affixed to the
purchaser's license.
6.Authorizes the Department to issue collectable,
commemorative hunting licenses to support hunting and
resource protection. The collectible licenses will not
confer any authority to hunt or fish. The Department
anticipates these provisions will generate unknown, but
minor additional revenues.
7.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 will result in significant
revenue losses.
8.Makes it unlawful to remove the collar from a hunting
dog without the owner's permission.
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9.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.)
10.Authorizes county officials to take certain mammals
during disease outbreaks upon the approval of the
Department.
11.Excludes the Smith River from a list of inland water
bodies at which anglers may use two fishing poles at
once.
12.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
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.
13.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.
14.Authorizes the Department to seek administrative
penalties for violations of the code, once the appeals
period has expired.
15.Extends the sunset of an existing program under which
the Department authorizes the establishment of
mitigation banks used to satisfy regulatory mitigation
requirements from January 1, 2010 to January 1, 2015.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Sale of voluntary, Unknown, minor
revenues Special *
stamps licenses,
and donations
Extension of Dungeness $85
$170Special **
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.
SUPPORT : (Verified 7/14/09)
California Outdoor Heritage Alliance
Los Angeles County District Attorney's Office
Pacific Coast Federation of Fishermen's Associations
OPPOSITION : (Verified 7/14/09)
California Federation for Animal Legislation
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ARGUMENTS IN SUPPORT : The Department of Fish and Game'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's office, "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."
ARGUMENTS IN OPPOSITION : The California Federation for
Animal Legislation submitted their opposition to this bill
but gave no explanation.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Silva, Skinner, Smyth, Solorio, Audra Strickland,
Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada
NO VOTE RECORDED: Saldana, Bass
CTW:do 7/15/2009 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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