BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 286
                                                                  Page  1

          Date of Hearing:   June 16, 2009

                   ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
                            Jared William Huffman, Chair
                SB 286 (Aanestad) - As Introduced:  February 24, 2009

           SENATE VOTE  :   35-0
           
          SUBJECT  :   Scientific Collector Permits

           SUMMARY  :   Authorizes the issuance of a scientific collector's  
          permit to a small business, aquarium, or other institution in  
          the name of the principal scientific investigator.   
          Specifically,  this bill  :   

          1)Authorizes the Department of Fish and Game (DFG) to issues a  
            permit to collect plants or animals for scientific purposes to  
            a California-certified small business, an aquarium accredited  
            by the Association of Zoos and Aquariums, or other appropriate  
            institution, as determined by DFG, in the name of the  
            principal scientific investigator or permitted entity.

          2)Authorizes DFG to approve individual temporary employees or  
            volunteers to work under the permit after notification from  
            the permittee.  Requires the permittee to have adequate  
            supervision over any temporary employees or volunteers  
            approved to work under the permit.

          3)Requires DFG to charge a fee for issuance of the permit,  
            prohibits fees for permit amendments from exceeding the fee  
            for the issuance of the permit, and authorizes DFG to charge a  
            higher fee for the permits issued to small businesses,  
            aquariums or other institutions under this bill if the costs  
            to issue the permit are greater than the costs to issue other  
            scientific collector permits.

           EXISTING LAW  :

          1)Authorizes DFG to issue permits to take or possess for  
            scientific, educational, or propagation purposes, mammals,  
            birds and their nests and eggs, fish, amphibians, reptiles, or  
            any other form of plant or animal life.  Provides that the  
            permits shall be valid for 24 months and subject to a base fee  
            of $30 for residents, adjusted for inflation, and $100 for  
            nonresidents.  Authorizes issuance of a permit for a 12 month  








                                                                  SB 286
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            period without payment of a fee under specified conditions,  
            and authorizes issuance of a special student permit.

          2)Makes it unlawful for any person to collect species for these  
            purposes without a permit, and makes it unlawful for a person  
            to transfer a permit to another person.

           FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee, unknown reduced special fund revenues of up to  
          $100,000 annually (Fish and Game Preservation Fund (FGPF)).

           COMMENTS  :   This bill authorizes DFG to issue an  
          organization-based permit for scientific collection of plants  
          and animals to a small business, aquarium or other appropriate  
          institution rather than issuing individual permits to each  
          person working under an organization on a specific project.  The  
          author has introduced this bill to streamline the process for  
          obtaining permits to collect plant and animal life for  
          scientific purposes.  According to the author, temporary  
          employees and volunteers are usually not hired until the start  
          of a field project.  However, it may take 3 to 4 months to  
          obtain a permit from DFG.  In addition, if a temporary employee  
          resigns the permit goes with the employee, rather than with the  
          principal scientific investigator or company.  This requires a  
          new permit application to DFG for the new employee and can  
          result in delays in the project.  This bill addresses that  
          concern by allowing temporary employees and volunteers to be  
          approved by DFG to work under the organization's permit, issued  
          in the name of the principal scientific investigator, after  
          notification of the names to DFG.  Permittees who allow  
          temporary employees or volunteers to work under the  
          organization's permit without first obtaining approval from DFG  
          would be subject to a misdemeanor.  This bill also authorizes  
          DFG to charge fees to cover the costs of issuing or amending the  
          permits.

          Supporters of this bill note that administrative permit delays  
          have prevented critically important research from being  
          conducted, including fishery research projects, and that this  
          bill will assist in implementing projects in a more timely and  
          cost-effective manner.  They also note that this bill would  
          provide for a permit method similar to the federal process where  
          the permit is issued to the individual in charge of the  
          research.









                                                                  SB 286
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          This bill is identical to AB 2770 (La Malfa) of last session,  
          which passed the Assembly on a 74-3 vote but was vetoed by the  
          Governor.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Natural Resource Scientists, Inc.
          Family Water Alliance
          Sea World San Diego
           
            Opposition 
           
          None on file

           Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916)  
          319-2096