BILL NUMBER: AB 2402 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Huffman
FEBRUARY 24, 2012
An act to amend Sections 37, 39, 700, 2089.4, 3031.2, and 7149.8
of, to add Sections 715, 1020, 1021, 1065, 12028, and 13205 to, and
to repeal and add Section 8598.3 of, the Fish and Game Code, and to
amend Section 12805 of the Government Code, relating to fish and
wildlife resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 2402, as introduced, Huffman. Department of Fish and Game: Fish
and Game Commission: entitlements: fees: violations.
(1) Existing law establishes the Department of Fish and Game and
the Fish and Game Commission and sets forth the powers and duties of
that department and commission.
This bill would make findings and declarations of the Legislature
concerning the process of developing a strategic vision for the
Department of Fish and Game and the Fish and Game Commission pursuant
to Chapter 424 of the Statutes of 2010, as specified.
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.
The bill would require the Director of Fish and Game, in
consultation with the Natural Resources Agency, to establish an
independent science advisory panel to provide advice and
recommendations to the department and the commission.
The bill would require the department to develop and adopt a
method to impose and collect entry pass fees onsite for visitors that
are engaging in nonconsumptive uses, as defined, at state wildlife
refuges and other lands managed by the department that are open to
the public. The bill would require the department to modify its
online processes for purchase of entry passes and warden stamps to
make these systems user-friendly for nonconsumptive users.
The bill would require the director, at least 30 days before
submitting the department's proposed annual budget requests to the
Governor, to give the commission an opportunity to review and provide
comment on the proposed annual budget requests.
(2) Under existing law, the changes in the Implicit Price Deflator
for State and Local Government Purchases of Goods and Services is
used as the index to determine an annual rate of increase or decrease
in the fees for licenses, stamps, permits, and tags. Under existing
law, the department issues lifetime hunting licenses, abalone report
cards, and marine aquaria collector's permits, and existing law
establishes base fees for those entitlements, adjusted annually
pursuant to the index.
This bill would require the commission to establish base fees for
lifetime hunting licenses, as specified, and for abalone report cards
and marine aquaria collector's permits for the 2013 license year,
and would require those fees to be adjusted annually thereafter
according to the index.
(3) Existing law, except as expressly provided otherwise, makes
violations of the Fish and Game Code, or of any rule, regulation, or
order made or adopted under that code, a misdemeanor. Existing law
sets prescribed fines and penalties for specified violations.
This bill would require the department to modify its Automated
License Data System to include information on all violations of the
code and regulations adopted pursuant to the code. The bill would
require electronic field equipment utilized by fish and game wardens
to be modified to give fish and game wardens access to Automated
License Data System information in the field.
(4) Existing law requires, unless otherwise provided, that all
money collected under the provisions of the Fish and Game Code and of
any other law relating to the protection and preservation of birds,
mammals, fish, reptiles, or amphibia be paid into the State Treasury
to the credit of the Fish and Game Preservation Fund. Existing law
establishes specific accounts within the fund, including the Big Game
Management Account, and the department has established other
accounts within the fund.
This bill would require the Augmented Deer Tags Account, Bighorn
Sheep Permit Account, and Wild Pig Account within the fund to be
consolidated and any remaining funds in these accounts transferred to
the Big Game Management Account. The bill would require the
department, after consultation with the Department of Finance and the
Legislative Analyst's Office, to provide recommendations to the
Legislature for consolidation of additional dedicated accounts within
the fund if, in the determination of the department, consolidation
would serve to reduce administrative costs to the department and
enhance its ability to meet current needs, while still preserving the
stated purposes of the dedicated accounts.
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. (a) In 2010, the Legislature passed and the Governor
signed Assembly Bill 2376, which established a process to develop a
strategic vision for the Department of Fish and Game and the Fish and
Game Commission.
(b) Pursuant to Assembly Bill 2376, the Natural Resources Agency
appointed an executive committee, a blue ribbon commission, and a
broad-based stakeholder group, and established a public process that
is focused on improving and enhancing the capacity of both the
Department of Fish and Game and the Fish and Game Commission to
protect and manage California's fish and wildlife.
(c) All groups and individuals with an interest in improving the
work of the department and the commission have been invited to
participate in the stakeholder group process. Numerous public
meetings have been held and extensive information on the process and
the comments received to date are available on the Internet Web site
of the Department of Fish and Game. The process is still underway and
a final report is due to the Legislature by June 2012.
(d) The policy chairs of the committees of the Legislature with
subject matter jurisdiction shall consider proposed legislation to
address many of the draft recommendations of the California Fish and
Wildlife Strategic Vision and other reforms necessary to satisfy the
mandate of Assembly Bill 2376. Some of the content of the proposed
legislation reflects suggestions contained in the draft interim
strategic vision report released by the department and the commission
on November 22, 2011. The proposed legislation may be amended from
time to time to reflect additional recommendations as the stakeholder
and blue ribbon commission process and final reports of the
executive committee are completed.
SEC. 2. Section 37 of the Fish and Game Code is amended to read:
37. "Department" means the Department of Fish and Game
Wildlife .
SEC. 3. Section 39 of the Fish and Game Code is amended to read:
39. "Director" means the Director of Fish and Game
Wildlife .
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 Game
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 715 is added to the Fish and Game Code, to read:
715. (a) As used in this section, "panel" means the independent
science advisory panel established pursuant to subdivision (b).
(b) The director, in consultation with the Natural Resources
Agency, shall establish an independent science advisory panel to
provide advice and recommendations to the department and commission.
The panel shall be composed of no more than 10 members recommended by
the director and approved by the Secretary of the Natural Resources
Agency. The term of office shall be for five years. A member may
serve not more than two consecutive terms. Members of the panel shall
be scientific experts in their fields with expertise in biological
sciences and with a range of multidisciplinary expertise pertinent to
the work of the department and commission. The purpose of the panel
shall be to assist the department and commission in establishing an
independent and objective view of the scientific issues underlying
important policy decisions.
(c) The duties of the panel shall include, but not necessarily be
limited to, the following:
(1) Providing oversight of the scientific research, monitoring,
and assessment programs that support the department's and the
commission's work with fish and wildlife species and their habitats.
(2) Providing the best available independent scientific
information and advice to guide and inform department and commission
decisions.
(3) Promoting and facilitating independent scientific peer review.
(4) Promoting science-based adaptive management.
(5) Ensuring scientific integrity and transparency in
decisionmaking.
(d) The panel may recommend and consult with other independent
scientific experts with specialized expertise as needed for
independent peer review of department reports, including, but not
limited to, status review reports prepared for purposes of informing
decisions on petitions for listing of species under the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3).
(e) The panel shall develop a proposed scientific integrity policy
to guide the work of the department and commission. The scientific
integrity policy may include, but is not necessarily limited to, an
ethical code of conduct for department scientists, standards for
independent peer review, and other best practices for ensuring
scientific integrity and public confidence in department and
commission work products and decisions.
SEC. 6. Section 1020 is added to the Fish and Game Code, to read:
1020. The department shall develop and adopt a method to impose
and collect entry pass fees onsite for visitors that are engaging in
nonconsumptive uses at state wildlife refuges and other lands managed
by the department that are open to the public. The department shall
also modify its online processes for purchase of entry passes and
warden stamps to make these systems user-friendly for nonconsumptive
users. As used in this section, "nonconsumptive uses" means
compatible uses other than hunting or fishing.
SEC. 7. Section 1021 is added to the Fish and Game Code, to read:
1021. The director, at least 30 days before submitting the
department's proposed annual budget requests to the Governor, shall
give the commission an opportunity to review and provide comment on
the proposed annual budget requests.
SEC. 8. Section 1065 is added to the Fish and Game Code, to read:
1065. The department shall modify its Automated License Data
System to include information on all violations of this code and
regulations adopted pursuant to this code. Electronic field equipment
utilized by fish and game wardens shall be modified to give fish and
game wardens access to Automated License Data System information in
the field.
SEC. 9. 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 Game,
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. 10. Section 3031.2 of the Fish and Game Code is amended to
read:
3031.2. (a) In addition to Sections 714 and 3031, and
notwithstanding Section 3037, the department shall issue lifetime
hunting licenses under this section. A lifetime hunting license
authorizes the taking of birds and mammals anywhere in this state in
accordance with the law for purposes other than profit for the life
of the person to whom issued unless revoked for a violation of this
code or regulations adopted under this code. A lifetime hunting
license is not transferable. A lifetime hunting license does not
include any special tags, stamps, or fees.
(b) A lifetime hunting license may be issued to residents of this
state, as follows:
(1) To a person 62 years of age or over, upon payment of a base
fee of three hundred sixty-five dollars ($365)
as determined pursua nt to subdivision (e) .
(2) To a person 40 years of age or over, and less than 62 years of
age, upon payment of a base fee of five hundred forty
dollars ($540) as determined pursuant to subdivision
(e) .
(3) To a person 10 years of age or over, and less than 40 years of
age, upon payment of a base fee of six hundred dollars
($600) as determined pursuant to subdivision (e)
.
(4) To a person less than 10 years of age, upon payment of a base
fee of three hundred sixty-five dollars ($365)
as determined pursuant to subdivision (e) .
(c) Nothing in this section requires a person less than 16 years
of age to obtain a license to take birds or mammals except as
required by law.
(d) Nothing in this section exempts an applicant for a license
from meeting other qualifications or requirements otherwise
established by law for the privilege of sport hunting.
(e) The commission shall establish base fees for lifetime
hunting licenses described in subdivisions (a) and (b) in an amount
sufficient to recover, but not exceed, all reasonable administrative
and implementation costs of the department and commission relating to
those licenses. The base fees specified in this section
as it was amended effective January 1, 2013, are applicable
commencing January 1, 2004 2013 , and
shall be adjusted annually thereafter pursuant to Section 713.
SEC. 11. Section 7149.8 of the Fish and Game Code is amended to
read:
7149.8. (a) A person shall not take abalone from ocean waters
unless he or she first obtains, in addition to a valid California
sport fishing license and any applicable license validation or stamp
issued pursuant to this code, an abalone report card, and maintains
that report card in his or her possession while taking abalone.
(b) The department or an authorized license agent shall issue an
abalone report card upon payment of a base fee of
fifteen dollars ($15) in the 2004 license year, which shall be
adjusted annually thereafter pursuant to Section 713.
as determined pursuant to subdivision (c).
(c) The commission shall establish a base fee for abalone report
cards in an amount sufficient to recover, but not exceed, all
reasonable administrative and implementation costs of the department
and commission relating to those cards. The base fee specified in
this section is applicable to the 2013 license year, and shall be
adjusted annually thereafter pursuant to Section 713.
SEC. 12. Section 8598.3 of the Fish and Game Code is repealed.
8598.3. (a) The fee for a marine aquaria collector's permit shall
be three hundred thirty dollars ($330).
(b) A person engaged in taking, possessing, or landing marine
species under a marine aquaria collector's permit shall not take,
possess aboard a boat, or land any species under the authority of a
scientific collector's permit issued pursuant to Section 1002, 5515,
or 10660 on the same fishing trip.
SEC. 13. Section 8598.3 is added to the Fish and Game Code, to
read:
8598.3. (a) The commission shall establish a base fee for a
marine aquaria collector's permit in an amount sufficient to recover,
but not exceed, all reasonable administrative and implementation
costs of the department and commission relating to those permits. The
base fee established pursuant to this section is applicable to the
2013 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
(b) A person engaged in taking, possessing, or landing marine
species under a marine aquaria collector's permit shall not take,
possess aboard a boat, or land any species under the authority of a
scientific collector's permit issued pursuant to Section 1002, 5515,
or 10660 on the same fishing trip.
SEC. 14. Section 12028 is added to the Fish and Game Code, to
read:
12028. The Legislature finds and declares that:
(a) Egregious poaching violations and other violations of the Fish
and Game Code have been increasing, and these violations have a
detrimental impact on fish and wildlife and their habitats, which are
held in trust by the state for the benefit of the people of the
state.
(b) In order to facilitate effective enforcement of the Fish and
Game Code and deter illegal poaching and other violations that
adversely impact fish and wildlife, it is important that courts be
provided with up-to-date information on current Fish and Game Code
prohibitions and penalties that have been enacted by the Legislature.
(c) It is therefore the intent of the Legislature to urge the
Judicial Council to review and update the Uniform Bail and Penalty
Schedule to include references to additional Fish and Game Code
provisions not included in the Uniform Bail and Penalty Schedule
currently.
(d) It is further the intent of the Legislature that courts in all
58 counties be informed of the availability of the updated Uniform
Bail and Penalty Schedules once those are completed.
SEC. 15. Section 13205 is added to the Fish and Game Code, to
read:
13205. The Augmented Deer Tags Account, Bighorn Sheep Permit
Account, and Wild Pig Account within the Fish and Game Preservation
Fund shall be consolidated and any remaining funds in these accounts
transferred to the Big Game Management Account, consistent with
Section 3953. The department, after consultation with the Department
of Finance and the Legislative Analyst's Office, shall provide
recommendations to the Legislature for consolidation of additional
dedicated accounts within the Fish and Game Preservation Fund if, in
the determination of the department, consolidation would serve to
reduce administrative costs to the department and enhance its ability
to meet current needs, while still preserving the generally stated
purpose of the dedicated accounts.
SEC. 16. 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
Game 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.