BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1442|
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THIRD READING
Bill No: AB 1442
Author: Assembly Water, Parks and Wildlife Committee
Amended: 8/20/09 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 : Assembly Water, Parks and Wildlife Committee
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.
Senate Floor Amendments of 8/20/09 remove any proposed
changes to allow inducements or prizes in hunting derbies.
CONTINUED
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Senate Floor Amendments of 8/17/09 prohibit the Department
of Fish and Game from issuing a permit allowing the
offering of a prize or reward for the taking of a species
if the prize is based on the total number of animals taken
by a person.
ANALYSIS : Existing law provides for reciprocal
agreements with adjoining states with regard to fishing
rights and law enforcement.
This bill authorizes the Director of Fish and Game, or a
designated representative, to enter into reciprocal
operational agreements with authorized representatives of
any Oregon, Nevada, or Arizona state law enforcement agency
to promote expeditious and effective law enforcement
service to the public, and assistance between the members
of the department and those agencies, in areas adjacent to
the borders of this state and each of the adjoining states.
The bill deems any regularly employed law enforcement
officer of an Oregon, Nevada, or Arizona state law
enforcement agency a peace officer in this state, if
specified conditions are met.
Existing law generally requires the Director of Finance to
approve every gift or dedication to the state of personal
property, or every gift to the state of real property in
fee or in any lesser estate or interest, unless the
Legislature specifically provides that approval is not
required.
This bill authorizes the Department of Fish and Game to
seek and accept grants and donations from private and
public organizations and agencies for the purpose of
administering the Canine (K9) Program.
Existing law requires each person who takes birds or
mammals in California to apply for, and be granted, a
hunting license and requires any person who applies for a
hunting license to meet specified requirements. Existing
law requires each person 16 years of age or older who takes
fish, reptiles, or amphibia in California to apply for, and
be granted a fishing license and requires any person who
applies for a fishing license to meet specified
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requirements.
This bill authorizes the department to issue collectible,
commemorative licenses to any person for the purposes of
promoting and supporting licensed hunting, fishing, and
resource conservation. The bill authorizes the department
to issue and sell fish and game warden stamps to support
fish and game wardens.
Existing law requires the Wildlife Conservation Board
(Board) to investigate, study, and determine which streams
and lakes are suitable for, or can be made suitable for,
fishing, hunting, and shooting.
This bill requires the Board to determine which streams and
lakes are suitable for, or can be made suitable for,
fishing and hunting. The bill required the Department of
Fish and Game, in determining which areas are suitable for
fishing and hunting, to take into consideration areas of
the state where public access and opportunity for fishing
and hunting are most needed.
Existing law authorizes the Wildlife Conservation Board to
authorize the Department of Fish and Game to lease degraded
potential wildlife habitat real property for specified
purposes to nonprofit organizations or public agencies if
the lessee agrees to restore the real property to its
highest possible wildlife habitat value and maintain the
real property at that value.
This bill authorizes the Board, during the period of lease,
to require that the real property be open to the public for
compatible recreational opportunities.
The Sacramento-San Joaquin Valley Wetlands Mitigation Bank
Act of 1993 provides for the establishment of wetlands
mitigation bank sites to increase the total wetlands
acreage and values within the Sacramento-San Joaquin
Valley. The act prohibits bank sites from being qualified
under the act on or after January 1, 2010.
This bill extends that date to January 1, 2015.
Under existing law, except as expressly provided otherwise,
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any violation of the Fish and Game Code or of any rule,
regulation, or order made or adopted under the code, is a
misdemeanor.
This bill provides that it is unlawful to violate specific
regulations adopted by the department and the commission,
thereby imposing a state-mandated local program by creating
new crimes.
Existing law makes it unlawful to intentionally discharge
any firearm or release any arrow or crossbow bolt over or
across any public road or way open to the public, in an
unsafe manner.
This bill makes it unlawful to intentionally discharge any
firearm or release any arrow or crossbow bolt over or
across any public road or other established way open to the
public, in an unsafe and reckless manner. The bill excepts
as specified, make it unlawful for a person to remove a
collar from a hunting dog, as defined, without possessing
written permission from the dog's owner allowing the
removal of the collar.
Existing law allows specified state and federal officials
to take certain mammals involved in dangerous disease
outbreaks.
This bill authorizes county officials to take mammals
pursuant to that provision upon the approval of, and in a
manner approved by, the Director of Fish and Game, or
his/her designee.
Under existing law, it is unlawful for any person to fish
with two rods without first obtaining a second-rod sport
fishing validation, in addition to a valid California sport
fishing license validation, and having that validation
affixed to his or her valid sport fishing license. Any
person who has a second-rod validation may fish with two
rods in inland waters in any sport fishery in which the
regulations of the commission provide for the taking of
fish by angling, except those waters in which only
artificial lures or barbless hooks may be used.
This bill excludes the waters of the Smith River in Del
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Norte County from inland waters in which two rods can be
used.
Existing law exempts a licensed fish importer from the
requirement to obtain a fish wholesaler's license.
This bill revises that provision to exempt from that
requirement a licensed fish importer who only purchases or
obtains fish from out of state.
Existing law regulates the Dungeness crab fishery and,
among other things, permits the Director of the Department
of Fish and Game to delay the opening of the fishery in
specified situations and regulates the taking of crab
during those delays. Existing law sets forth the
qualifications for a Dungeness crab vessel permit, and
provides that no person shall use a vessel to take,
possess, or land Dungeness crab for commercial purposes
without a Dungeness crab vessel permit. Existing law sets
forth requirements for the issuance, transfer, and
revocation of a Dungeness crab vessel permit, and specifies
that the department shall charge a fee for each Dungeness
crab vessel permit. Existing law requires the director to
convene a Dungeness crab review panel for the purpose of
reviewing permits and application transfers. Existing law
provides that those provisions shall become inoperative on
April 1, 2010, and, as of January 1, 2011, are repealed.
This bill extends the operation of those provisions until
April 1, 2012, and would repeal those provisions on January
1, 2013. Because this bill would extend the operation of
the Dungeness crab permit program and thereby the crimes
imposed for a violation of those provisions, the bill would
create a state-mandated local program by creating new
crimes.
Existing law governs the sea cucumber fishery in this
state. Under existing law, sea cucumbers cannot be taken,
possessed aboard a boat, or landed by a person for
commercial purposes except under a valid sea cucumber
permit issued by the Department of Fish and Game. The Fish
and Game Commission is authorized to adopt regulations that
it determines may reasonably be necessary to protect the
sea cucumber resource and assure a sustainable sea cucumber
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fishery or to enhance enforcement activities. A violation
of existing law or regulations adopted pursuant thereto is
a crime. Existing law provides that those provisions shall
become inoperative on April 1, 2010, and, as of January 1,
2011, are repealed.
This bill extends the operation of those provisions until
April 1, 2015, and would repeal those provisions on January
1, 2016. Because this bill extends the operation of the
sea cucumber permit program and thereby the crimes imposed
for a violation of those provisions, the bill would create
a state-mandated local program by creating new crimes.
Existing law provides that the taking of a mammal or bird
by a person for which a hunting license or tag, seal, or
stamp is required without the person having in his or her
possession the required license, tag, seal, or stamp is
punishable by a fine of not less than $250 or more than
$2,000 or as a misdemeanor, or both.
Existing law authorizes a court to reduce the fine to $50
if the person produces in court a license, tag, or stamp
issued to the person and valid at the time of the person's
arrest.
This bill instead authorizes a court to reduce the charge
to an infraction punishable by a fine of not less than $50
and not more than $250 if the person produces in court a
license, tag, seal, or stamp issued to the person and valid
at the time of the person's arrest.
Under existing law, the violation of certain provisions of
the code is subject to administrative penalties.
This bill authorizes the department, after the expiration
of the time period to appeal an administrative penalty, to
apply to the clerk of the appropriate court for a judgment
to collect the administrative civil penalty.
The Lempert-Keene-Seastrand Oil Spill Prevention and
Response Act (act) generally requires the administrator for
oil spill response, acting at the direction of the
Governor, to implement activities relating to oil spill
response, including drills and preparedness, and oil spill
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containment and cleanup, and to represent the state in any
coordinated response efforts with the federal government.
The act requires responsible parties, as defined, to fully
mitigate adverse impacts to wildlife, fisheries, wildlife
habitat, and fisheries habitat. Full mitigation is required
to be provided by successfully carrying out environmental
projects or funding restoration activities required by the
administrator in carrying out projects. The act authorizes
the administrator, if any significant wildlife
rehabilitation is necessary, to require the responsible
party to prepare and submit a wildlife rehabilitation plan.
This bill revises that wildlife rehabilitation plan
provision to authorize the administrator to require the
responsible party to prepare and submit to the
administrator, and to implement, a wildlife rehabilitation
plan.
The act defines "nonpersistent oil" to mean a
petroleum-based oil, such as gasoline, diesel, or jet fuel,
that has specified characteristics.
This bill deletes diesel from that provision.
Existing law requires the Department of Fish and Game to
seize all birds, mammals, fish, reptiles, or amphibians, or
any part thereof, that have been unlawfully taken,
possessed, sold, imported, or transported.
This bill revises that provision to also include plants and
aquaculture animals and products, or any part thereof. The
bill makes certain conforming changes to related provisions
of existing law.
The California Constitution requires the state to reimburse
local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish
procedures for making that reimbursement.
This bill provides that no reimbursement is required by
this act for a specified reason.
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 8/24/09)
California Outdoor Heritage Alliance
Los Angeles County District Attorney's Office
Pacific Coast Federation of Fishermen's Associations
Defenders of Wildlife
California Fish and Game Commission
California Fish and Game Wardens Association
Audubon California
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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."
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:RJG:do 8/24/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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