BILL ANALYSIS
AB 1443
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Date of Hearing: May 20, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1443 (Committee on Water, Parks and Wildlife) - As Amended:
May 6, 2009
Policy Committee: WPW Vote:13-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill 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) 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.
2)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.
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.
FISCAL EFFECT
Negligible costs, if any.
COMMENTS
1)Rationale . The author contends this bill will enhance the
effective enforcement of the state's fish and game laws and
AB 1443
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increase cost recovery.
2)Background.
a) Borderline Law Enforcement. Watersheds and roads
oftentimes do not follow state boundaries. Yet, according
to the author, fish and game wardens sometimes need
immediate assistance from fish and game law enforcement
personnel in neighboring states to respond to poaching or
such crimes or for emergency services. However, these law
enforcement personnel from outside California usually have
no authority inside California, complicating law
enforcement and, in the gravest situations, endangering
lives.
b) It's Illegal to Be Unlawful. In keeping with existing
law and legislative intent, 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. According to the author, some local
prosecutors nonetheless have been at times reluctant to
prosecute violations of fish and game rules because they
are specified in regulations rather than in statute.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081