BILL ANALYSIS                                                                                                                                                                                                    





           ----------------------------------------------------------------- 
          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2009-2010 Regular Session                    |
          |                                                                 |
           ----------------------------------------------------------------- 

          BILL NO: SB 286                    HEARING DATE: April 14, 2009   

          AUTHOR: Aanestad                   URGENCY: No  
          VERSION: As Introduced             CONSULTANT: Bill Craven  
          DUAL REFERRAL: No                  FISCAL: Yes  
          SUBJECT: Department of Fish and Game: scientific collector's  
          permits.  
          
          BACKGROUND AND EXISTING LAW
          Section 1001 of the Fish and Game Code allows the Department of  
          Fish and Game (DFG) to take plants and animals for scientific,  
          propagation, public health, safety, prevention, relief of  
          suffering, or law enforcement purposes.

          Section 1002 allows the department to issue permits, subject to  
          restrictions and regulations, to take or possess plants and  
          animals for scientific, educational, or propagation purposes.  
          These permits may be valid for 24 months and cost a base fee of  
          $30, adjusted for inflation (currently $57.75). 

          PROPOSED LAW
          This bill would allow DFG to issue permits for the collection of  
          plants and animals to a California certified small business or  
          to an aquarium accredited by the Association of Zoos and  
          Aquariums in the name of the principal scientific investigator  
          (PI) or the company. This organization-based group permit would  
          cover temporary employees or volunteers if the permittee has  
          notified DFG of their names. The permittee must notify the  
          department of any changes to the individuals covered by the  
          permits within five days of the change. The change would be  
          effective one date after the notice is filed.

          The department may charge a fee for the group permit. The fee  
          may be larger than the 1002 collection permits if DFG deems it  
          necessary to cover the costs of issuing the permit.

          ARGUMENTS IN SUPPORT
                                                                      1







          According to the author, "Temporary employees, usually  
          volunteers, aren't hired until the start of the field project.  
          However, it usually takes 3-4 months for the Department of Fish  
          and Game to approve the Scientific Collector's Permits. If a  
          temporary employee resigns, the permits go with the employee,  
          and do not remain with the Principal Scientific Investigator, or  
          with the company who paid for the permit. This forces the  
          company, or the investigator, to start all over."

          The Family Water Alliance agrees that the permitting process for  
          individual employees can be lengthy and indeterminate, often  
          taking months before approvals are obtained. This circumstance  
          affects the timeliness and cost-effectiveness of projects. 

          ARGUMENTS IN OPPOSITION
          None received. 

          COMMENTS 
          This bill is substantially identical to AB 2770 (La Malfa) that  
          was approved in this Committee, and was vetoed last year. The  
          veto message contained generic veto language and did not  
          identify specific concerns. Additionally, the committee  
          amendments that were recommended from last year are reflected in  
          this version of the bill. 
          
          SUPPORT
          Family Water Alliance
          SeaWorld San Diego

          OPPOSITION
          None Received
















                                                                      2