BILL NUMBER: AB 2283 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Portantino
FEBRUARY 24, 2012
An act to amend Sections 37, 39, 700, and 2089.4 of , and to
add Sections 26 and 700.5 to, the Fish and Game Code,
and to amend Section 12805 of the Government Code,relating
to fish and game.
LEGISLATIVE COUNSEL'S DIGEST
AB 2283, as amended, Portantino. Fish and game.
Existing law establishes the Department of Fish and Game and sets
forth the duties of that department.
This bill would rename the Department of Fish and Game the
Department of Fish and Wildlife, and would make related changes. The
bill would prohibit existing supplies, forms, insignias, signs,
logos, uniforms, or emblems from being destroyed or changed as a
result of changing the name of the Department of Fish and Game to the
Department of Fish and Wildlife, and would require their continued
use until exhausted or unserviceable.
This bill would also provide that, on or after January 1, 2013,
the Department of Fish and Wildlife may be referred to, where
appropriate and as deemed by the Director of Fish and Wildlife, as
CAL WILD. This bill would prohibit existing supplies, forms,
insignias, signs, or logos from being destroyed or changed as a
result of authorization to use CAL WILD, where appropriate, to refer
to the Department of Fish and Wildlife, and would require their
continued use until exhausted or unservicable.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 26 is added to the
Fish and Game Code , to read:
26. "CAL WILD" means the Department of Fish and Wildlife.
SECTION 1. SEC. 2. Section 37 of the
Fish and Game Code is amended to read:
37. "Department" means the Department of Fish and Wildlife.
SEC. 2. SEC. 3. Section 39 of the
Fish and Game Code is amended to read:
39. "Director" means the Director of Fish and Wildlife.
SEC. 3. SEC. 4. Section 700 of the
Fish and Game Code is amended to read:
700. (a) There is in the Natural Resources Agency a Department of
Fish and Wildlife administered through the director.
(b) The Department of Fish and Wildlife shall succeed to, and is
vested with, all the duties, powers, purposes, responsibilities,
property, and jurisdiction previously vested in the Department of
Fish and Game.
(c) Whenever the term "Department of Fish and Game" appears in a
law, the term means the "Department of Fish and Wildlife."
(d) No existing supplies, forms, insignias, signs, logos,
uniforms, or emblems shall be destroyed or changed as a result of
changing the name of the Department of Fish and Game to the
Department of Fish and Wildlife, and those materials shall continue
to be used until exhausted or unserviceable.
SEC. 5. Section 700.5 is added to the
Fish and Game Code , to read:
700.5. (a) Notwithstanding any other law, on or after January 1,
2013, the Department of Fish and Wildlife may be referred to, where
appropriate and as deemed by the director, as CAL WILD.
(b) No existing supplies, forms, insignias, signs, or logos shall
be destroyed or changed as a result of authorization to use CAL WILD,
where appropriate, to refer to the department, and they shall
continue to be used until exhausted or unservicable.
SEC. 4. SEC. 6. Section 2089.4 of
the Fish and Game Code is amended to read:
2089.4. As used in this article, the following definitions apply:
(a) "Agreement" means a state safe harbor agreement approved by
the department pursuant to this article. "Agreement" includes an
agreement with an individual landowner and a programmatic agreement.
(b) "Baseline conditions" means the existing estimated population
size, the extent and quality of habitat, or both population size and
the extent and quality of habitat, for the species on the land to be
enrolled in the agreement that sustain seasonal or permanent use by
the covered species. Baseline conditions shall be determined by the
department, in consultation with the applicant, and shall be based on
the best available science and objective scientific methodologies.
For purposes of establishing baseline conditions, a qualified person
that is not employed by the department may conduct habitat surveys,
if that person has appropriate species expertise and has been
approved by the department.
(c) "Department" means the Department of Fish and Wildlife, acting
through its director or his or her designee.
(d) "Landowner" means any person or nonstate or federal entity or
entities that lawfully hold any interest in land or water to which
they are committing to implement the requirements of this article.
(e) "Management actions" means activities on the enrolled land or
water that are reasonably expected by the department to provide a net
benefit to the species or their habitat, or both.
(f) "Monitoring program" means a program established or approved
by the department in accordance with subdivision (f) of Section
2089.6.
(g) "Net conservation benefit" means the cumulative benefits of
the management activities identified in the agreement that provide
for an increase in a species' population or the enhancement,
restoration, or maintenance of covered species' suitable habitats
within the enrolled property. Net conservation benefit shall take
into account the length of the agreement, any offsetting adverse
effects attributable to the incidental taking allowed by the
agreement, and other mutually agreed upon factors. Net conservation
benefits shall be sufficient to contribute either directly or
indirectly to the recovery of the covered species. These benefits
include, but are not limited to, reducing fragmentation and
increasing the connectivity of habitats, maintaining or increasing
populations, enhancing and restoring habitats, and buffering
protected areas.
(h) "Programmatic agreement" means a state safe harbor agreement
issued to a governmental or nongovernmental program administrator.
The program administrator for a programmatic agreement shall work
with landowners and the department to implement the agreement. The
program administrator and the department shall be responsible for
ensuring compliance with the terms of the agreement.
(i) "Qualified person" means a person with species expertise who
has been approved by the department.
(j) "Return to baseline" means, at the termination of an
agreement, activities undertaken by the landowner to return the
species population or extent or quality of habitat to baseline,
excluding catastrophic events such as floods, unplanned fires, or
earthquakes, and other factors mutually agreed upon prior to permit
issuance and that are beyond the control of the landowner.
SEC. 5. SEC. 7. Section 12805 of the
Government Code is amended to read:
12805. (a) The Resources Agency is hereby renamed the Natural
Resources Agency. The Natural Resources Agency consists of the
departments of Forestry and Fire Protection, Conservation, Fish and
Wildlife, Boating and Waterways, Parks and Recreation, Resources
Recycling and Recovery, and Water Resources; the State Lands
Commission; the Colorado River Board; the San Francisco Bay
Conservation and Development Commission; the Central Valley Flood
Protection Board; the Energy Resources Conservation and Development
Commission; the Wildlife Conservation Board; the Delta Protection
Commission; the Native American Heritage Commission; the California
Conservation Corps; the California Coastal Commission; the State
Coastal Conservancy; the California Tahoe Conservancy; the Santa
Monica Mountains Conservancy; the Coachella Valley Mountains
Conservancy; the San Joaquin River Conservancy; the San Gabriel and
Lower Los Angeles Rivers and Mountains Conservancy; the Baldwin Hills
Conservancy; the San Diego River Conservancy; and the Sierra Nevada
Conservancy.
(b) No existing supplies, forms, insignias, signs, or logos shall
be destroyed or changed as a result of changing the name of the
Resources Agency to the Natural Resources Agency, and those materials
shall continue to be used until exhausted or unserviceable.