BILL ANALYSIS
AB 1443
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Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AB 1443 (Committee on Water, Parks & Wildlife) - As Introduced:
February 27, 2009
SUBJECT : Fish and Wildlife: Enforcement
SUMMARY : Makes several changes to the Fish and Game Code to
facilitate effective enforcement of California's fish and game
laws. Specifically, this bill :
1)Authorizes the director of the Department of Fish and Game
(DFG) or the director's designated representative, to enter
into reciprocal operational agreements with authorized
representatives from Oregon, Nevada or Arizona state law
enforcement agencies to promote expeditious and effective law
enforcement service to the public in areas adjacent to the
borders of the states.
2)Clarifies existing law which 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.
3)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.
4)Authorizes a judge to assess investigation costs against
persons convicted of violating fish and game laws relating to
commercial activity, or if the court determines the violation
is of sufficient significance to warrant cost recovery to the
state. Defines investigation costs for these purposes.
Requires that the costs recovered be deposited in the Fish and
Game Preservation Fund in the State Treasury.
EXISTING LAW : Includes various laws governing the taking,
management and protection of fish and wildlife. Charges DFG
with implementing and enforcing the provisions of the Fish and
Game Code and regulations. Delegates to the Fish and Game
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Commission authority to adopt regulations establishing specific
rules regarding the taking of fish and game.
FISCAL EFFECT : Potential state savings through recovery of
investigation costs and collection of administrative civil
penalties.
COMMENTS : This bill makes several amendments to the Fish and
Game Code to enhance the effective enforcement of the state's
fish and game laws, and to increase cost recovery to the state.
This bill does so in the following four ways:
(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.
(4)Authorizes a judge to assess investigation costs against
persons convicted of violating fish and game laws relating to
commercial activities, which will allow for recovery of
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investigation costs to the state Fish and Game Preservation
Fund. These costs are now being born either by the General
Fund or by law abiding fishermen, hunters and other
licensees.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096