BILL ANALYSIS
SB 286
Page 1
SENATE THIRD READING
SB 286 (Aanestad)
As Amended August 27, 2009
Majority vote
SENATE VOTE : 35-0
WATER, PARKS & WILDLIFE 11-0
APPROPRIATIONS 14-0
-----------------------------------------------------------------
|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, Torlakson |
| |Yamada | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
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, 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 permits are greater than
the costs to issue other scientific collector permits.
SB 286
Page 2
4)Authorizes DFG to amend a permit issued under this bill,
including but not limited to the addition or removal of
individual temporary employees or volunteers working under the
permit, on the payment of a base fee of $60, as adjusted for
inflation in future years according to a process provided for
under existing law.
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.
3)Requires fees for licenses, stamps and permits issued by DFG
to be adjusted annually for inflation using the Implicit Price
Deflator published by the United States Department of Commerce
as the index.
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
SB 286
Page 3
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
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. The fee for
issuing a permit under this bill would be the same as provided
for under existing law for other scientific collector permits,
unless DFG determines that the cost to issue the permits
authorized by this bill are greater, in which case DFG could
charge a higher fee to recover those additional costs. The fee
for an amendment to the permit would be set at $60, as adjusted
for inflation in future years.
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 substantially similar 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: 0002484