BILL ANALYSIS
SB 286
Page 1
SENATE THIRD READING
SB 286 (Aanestad)
As Introduced February 24, 2009
Majority vote
SENATE VOTE :35-0
WATER, PARKS & WILDLIFE 11-0
APPROPRIATIONS 14-0
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|Ayes:|Huffman, Fuller, |Ayes:|De Leon, Nielsen, |
| |Arambula, Blumenfield, | |Ammiano, Coto, Davis, |
| |Caballero, Fletcher, | |Duvall, Fuentes, Hall, |
| |Krekorian, Bonnie | |Harkey, John A. Perez, |
| |Lowenthal, | |Skinner, Solorio, Audra |
| |John A. Perez, Salas, | |Strickland, Torlakskon |
| |Yamada | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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 permitee. Requires the permitee 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,
SB 286
Page 2
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
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 : Decreased revenue of less than $100,000 per year
resulting from DFG issuing fewer permits, thereby collecting
less permit fee revenue, without a coincident reduction in
permitting related workload (Fish and Game Preservation Fund).
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. Permitees who allow temporary
SB 286
Page 3
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.
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.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0001746