BILL NUMBER: AB 2402 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JULY 3, 2012
AMENDED IN SENATE JUNE 20, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 18, 2012
INTRODUCED BY Assembly Member Huffman
FEBRUARY 24, 2012
An act to amend Section 219 of the Code of Civil
Procedure, to amend Sections 37, 39, 700, 1002, 2068, 2070,
2071, 2071.5, 2072.7, 2073, 2073.3, 2073.5, 2073.7, 2074, 2074.2,
2074.4, 2074.6, 2074.8, 2075, 2075.5, 2076.5, 2077, 2078, 2079, 2080,
2082, 2084, 2089.4, 2099, 2536, 2540, 3031.2, 6651,
7149.8, 8598.3, and 13014 of, to add Sections 13.5, 33, 43,
702.1,703.3, 703.5, 715, 1020, 1065, 1745, 2090, 12028, and 13205 to,
and to add Article 7 (commencing with Section 1225) to Chapter 3 of
Division 2 of, the Fish and Game Code, to amend Section 12805 of the
Government Code, and to amend Section 4800 of the Labor Code,
relating to fish and wildlife resources, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2402, as amended, Huffman. Department of Fish and Game
and Game: Fish and Game Commission.
(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 and the commission pursuant to Chapter 424 of the Statutes
of 2010, as specified. This bill would require the department and
the commission to develop a strategic plan to implement proposals
arising from the strategic vision, any legislation enacted relating
to the strategic vision process, and the department's own proposals
for reform. This bill would permit authorize
the department and the commission to contract for consultants
to assist in the preparation of the strategic plan.
The bill would make specified statements of policy relating to the
use of ecosystem-based management, adaptive management, and credible
science, as defined.
The bill would state the intent of the Legislature regarding
department and commission partnerships and collaborations with other
agencies and stakeholders. This bill would provide that it is the
intent of the Legislature that the department is encouraged, to the
extent feasible and subject to available resources, to establish and
coordinate an environmental crimes task force.
This bill would state the intent of the Legislature ,
to extend the conservation benefits derived from
investments made as part of compensatory mitigation to public lands,
and that the department work with the Bureau of Land
Management and interested stakeholders to develop a viable solution
that will ensure durable mitigation and protection of mitigation
lands on federal lands in perpetuity.
This bill would rename the department as 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, and would require their
continued use until exhausted or unserviceable.
The bill would require the Director of Fish and Wildlife, 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.
This bill would authorize the department to enter into agreements
to accept funds, services, or to assist the department in its efforts
to secure long-term private funding sources for purposes relating to
conservation programs, projects, and activities by the department,
as specified.
(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 scientific collecting permits, lifetime
hunting licenses, guide licenses, abalone report cards, kelp
harvester licenses, 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 adjust the amount of the
fees for lifetime hunting licenses, guide licenses, abalone report
cards, kelp harvester licenses, and marine aquaria collector's
permits, as necessary, to fully recover, but not exceed, all
reasonable administrative and implementation costs of the department
and the commission relating to those licences or permits. The bill
would require the department to adjust the amount of the fees for
scientific collecting permits as necessary, to fully recover, but not
exceed, all reasonable administrative and implementation costs of
the department and the commission relating to those permits.
(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, by January 1, 2015, 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 the department, by January 1, 2015, to
modify electronic field equipment utilized by fish and game wardens
to give fish and game wardens access to Automated License Data System
information in the field.
This bill would require the department to maintain a statewide
electronic system to manage citations issued by fish and game
wardens, to the extent feasible, as prescribed.
(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.
This bill would provide that moneys collected or received from
gifts or bequests, or from municipal or county appropriations ,
or donations for purposes relating to conservation programs,
projects, and activities by the department are to be deposited in the
State Treasury to the credit of the Fish and Game Preservation Fund
and used for prescribed purposes.
(5) Existing law establishes specific accounts within the Fish and
Game Preservation Fund, including, but not limited to, 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.
(6) Existing law requires the Department of Fish and Game to
operate lands, or lands and water, acquired for public shooting
grounds, state marine recreational management areas, or wildlife
management areas on a nonprofit basis (collectively,
department-operated lands). Existing law states that multiple
recreational use of wildlife management areas is desirable and
requires the Fish and Game Commission to encourage multiple
recreational use. Existing law authorizes the commission to determine
and fix the amount of, and authorizes the department to collect,
fees for any use privileges.
The bill, commencing January 1, 2015, would require the purchase
of an entry permit, as specified, for access to department-managed
lands for uses other than hunting and fishing, except as provided.
The bill would make the failure to obtain a permit an infraction, as
specified.
(7) Existing law, the California Endangered Species Act (CESA)
requires the commission to establish a list of endangered species and
a list of threatened species, and requires the department to
recommend, and the commission to adopt, criteria for determining if a
species is endangered or threatened. Under existing law, an
interested person may petition the commission to add a species to, or
remove a species from, either the list of endangered species or the
list of threatened species, and existing law requires the commission
to consider the petition, as prescribed.
This bill would instead require the department to establish a list
of endangered species and a list of threatened species, and would
require the department to adopt criteria for determining if a species
is endangered or threatened. This bill would require an interested
person to petition the department and require the department to
consider the petition, as specified.
(8) Existing law establishes in the Special Deposit Fund,
the Fish and Game Mitigation and Protection Endowment
Principal Account in the Special Deposit Fund, with money
in the account available upon appropriation by the Legislature
, and . Existing law also establishes
the Fish and Game Mitigation and Protection Expendable Funds Account
in that fund, with money in the account continuously
appropriated to the department for specified purposes. The department
may is authorized to deposit moneys in
these accounts for purposes that include mitigating adverse
biological impacts of a specific project, activity, spill, or
release, and protecting, conserving, restoring, enhancing, managing,
and maintaining fish, wildlife, native plants, or their habitats.
Existing law requires the Treasurer, at the department's request, to
transfer those funds from the Pooled Money Investment Account to
another account within the State Treasury system to increase earnings
over time while providing adequate liquidity. Existing law also
authorizes the department to retain investment advisers to develop
and maintain the investment strategy for these accounts.
This bill would instead authorize the department to invest or
direct the investment of the assets of these accounts through the
purchase, holding, or sale of any investment, financial instrument,
or financial transaction when prudent in the informed opinion of the
department. This bill would also authorize the department to contract
with a person or entity, as specified, that has demonstrated
expertise in the management of diverse investment portfolios.
Existing law, the Uniform Prudent Management of Institutional
Funds Act (UPMIFA) governs the management and use of endowed
institutional funds held by charitable institutions. UPMIFA, among
other things, provides that a rebuttable presumption of imprudence is
created by the appropriation for expenditure in any year of an
amount greater than 7% of the fair market value of an endowment fund,
calculated as prescribed.
This bill would require the department to hold, manage, and invest
all moneys in the Fish and Game Mitigation and Protection Endowment
Principal Account and the Fish and Game Mitigation and Protection
Expendable Funds Account consistent with the management and
investment principles set forth in UPMIFA. This bill would also
continuously appropriate to the department moneys in the Fish and
Game Mitigation and Protection Endowment Principal Account, subject
to the limitations imposed by the presumption described above.
Existing law establishes the Renewable Energy Resources
Development Fee Trust Fund as a continuously appropriated fund in the
State Treasury to serve, and be managed, as an optional, voluntary
method for developers or owners of eligible projects, as defined, to
deposit fees sufficient to complete mitigation actions established by
the department and thereby meet their requirements pursuant to CESA
or the certification authority of the State Energy Resources
Conservation and Development Commission. Existing law requires that a
specified sum of money be transferred, as a loan, from the Renewable
Resource Trust Fund to the Renewable Energy Resources Development
Fee Trust Fund (the fund) and be repaid from the fund to the
Renewable Resource Trust Fund no later than December 31, 2012.
This bill would make an appropriation by extending the date of
repayment of this loan to December 31, 2013.
(9) Existing workers' compensation law provides that whenever any
member of the Department of Justice falling within the "state peace
officer/firefighter" class or when a harbor policeman employed by the
San Francisco Port Commission, as described, is disabled by injury
arising out of and in the course of his or her duties, he or she
shall become entitled, regardless of his or her period of service to
a leave of absence while so disabled without loss of salary, in lieu
of disability payments, for a period not exceeding one year.
This bill would provide that the above provision also applies to a
law enforcement officer employed by the department.
(10)
Existing law exempts certain peace officers from voir dire in
civil and criminal matters, and other specified peace officers from
voir dire in criminal matters.
This bill would exempt from voir dire in criminal matters peace
officers employed by the department, as specified.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) In 2010, the Legislature passed and the Governor signed
Assembly Bill 2376 (Ch. 424, Stats. 2010), 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 219 of the Code of Civil
Procedure is amended to read:
219. (a) Except as provided in subdivision (b), the jury
commissioner shall randomly select jurors for jury panels to be sent
to courtrooms for voir dire.
(b) (1) Notwithstanding subdivision (a), no peace officer, as
defined in Section 830.1, subdivision (a) of Section 830.2, and
subdivision (a) of Section 830.33, of the Penal Code, shall be
selected for voir dire in civil or criminal matters.
(2) Notwithstanding subdivision (a), no peace officer, as defined
in subdivisions (b), (c), and (e) of Section 830.2 of the Penal Code,
shall be selected for voir dire in criminal matters.
SEC. 3. SEC. 2. Section 13.5 is
added to the Fish and Game Code, to read:
13.5. "Adaptive management," unless otherwise specified in this
code, means management that improves the management of biological
resources over time by using new information gathered through
monitoring, evaluation, and other credible sources as they become
available, and adjusts management strategies and practices to assist
in meeting conservation and management goals. Under adaptive
management, program actions are viewed as tools for learning to
inform future actions.
SEC. 4. SEC. 3. Section 33 is added
to the Fish and Game Code, to read:
33. "Credible science" means the best available scientific
information that is not overly prescriptive due to the dynamic nature
of science, and includes the evaluation principles of relevance,
inclusiveness, objectivity, transparency, timeliness, verification,
validation, and peer review of information as appropriate. Credible
science also recognizes the need for adaptive management as
scientific knowledge evolves.
SEC. 5. SEC. 4. Section 37 of the
Fish and Game Code is amended to read:
37. "Department" means the Department of Fish and Wildlife.
SEC. 6. SEC. 5. Section 39 of the
Fish and Game Code is amended to read:
39. "Director" means the Director of Fish and Wildlife.
SEC. 7. SEC. 6. Section 43 is added
to the Fish and Game Code, to read:
43. "Ecosystem-based management" means an environmental
management approach relying on credible science, as defined in
Section 33, that recognizes the full array of interactions within an
ecosystem, including humans, rather than considering single issues,
species, or ecosystem services in isolation.
SEC. 8. SEC. 7. 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. 9. SEC. 8. Section 702.1 is
added to the Fish and Game Code, to read:
702.1. The department shall maintain a statewide electronic
system to manage citations issued by fish and game wardens and, to
the extent feasible, the department shall do all of the following:
(a) Electronically file citations with the court.
(b) Receive electronic reporting from courts on case dispositions.
(c) Electronically track-court imposed fines and penalties to
ensure collection of funds by the department.
(d) Electronically report court dispositions to the Automated
License Data System to enhance tracking of violations and allow
efficient handling of license or permit suspensions, revocations, or
court orders.
SEC. 10. SEC. 9. Section 703.3 is
added to the Fish and Game Code, to read:
703.3. It is the policy of the state that the department and
commission use ecosystem-based management informed by credible
science in all resource management decisions to the extent feasible.
It is further the policy of the state that scientific professionals
at the department and commission, and all resource management
decisions of the department and commission, be governed by a
scientific quality assurance and integrity policy, and follow
well-established standard protocols of the scientific profession,
including, but not limited to, the use of peer review, publication,
and science review panels where appropriate. Resource management
decisions of the department and commission should also incorporate
adaptive management to the extent possible.
SEC. 11. SEC. 10. Section 703.5 is
added to the Fish and Game Code, to read:
703.5. It is the intent of the Legislature that the department
and the commission seek to create, foster, and actively participate
in effective partnerships and collaborations with other agencies and
stakeholders to achieve shared goals and to better integrate fish and
wildlife resource conservation and management with the natural
resource management responsibilities of other agencies. To that end,
the department and commission are encouraged to participate in
interagency coordination processes that facilitate consistency and
efficiency in review of projects requiring multiple permits,
including, but not necessarily limited to, joint state, federal, and
local permit review teams that enable early consultation with project
applicants, and provide improved sharing of data, information,
tools, and science to achieve better alignment of planning, policies,
and regulations across agencies.
SEC. 12. SEC. 11. 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 the
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 shall not serve more than two consecutive terms and shall
not receive state compensation for membership on the panel. 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 the commission. The purpose of the panel shall be to assist the
department and the 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 the 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.
(f) For marine fisheries and other marine resources, the
department may utilize the California Ocean Science Trust for the
purposes of this section.
SEC. 13. SEC. 12. Section 1002 of
the Fish and Game Code is amended to read:
1002. (a) The department may issue permits, subject to
restrictions and regulations that the commission determines are
desirable, to take or possess, in any part of the state, for
scientific, educational, or propagation purposes, mammals, birds and
the nests and eggs thereof, fish, amphibians, reptiles, or any other
form of plant or animal life.
(b) The department may issue a permit that is valid for 24 months
from the date of issuance to a resident of this state on the payment
of a base fee of thirty dollars ($30), as adjusted under Section 713.
(c) Notwithstanding subdivision (b), the department may issue a
permit without fee that is valid for 12 months from the date of
issuance for either of the following purposes:
(1) To authorize only the banding of birds and the exhibition of
live or dead wildlife specimens by public zoological gardens,
scientific, or educational institutions.
(2) To a student who is regularly enrolled in a commercial fishing
class in a school operating under the jurisdiction of the State
Board of Education or in a commercial fishing class in a community
college and to a faculty member of those schools or a community
college when conducting a regularly enrolled class in commercial
fishing. Any permit issued under this paragraph shall be valid only
when the student is under the direct supervision of the instructor
who is approved by the school or community college to teach the class
and who has obtained a permit under subdivision (b) or this
paragraph from the department. All fish taken shall be taken in
accordance with state law, except that Sections 7850, 7880, and 7881
do not apply to persons or equipment operating under this paragraph.
All fish taken under a permit issued under this paragraph may be sold
only to a person licensed to receive fish from commercial fishermen
as provided in Section 8032 or 8033 or donated to a charitable
institution. All funds received from the sale of the fish shall be
used solely for the support of the commercial fishing classes.
(d) The department may issue a special student permit that is
valid for 12 months from the date of issuance on the payment of a
base fee of ten dollars ($10), as adjusted under Section 713, to any
student in a school of collegiate level who is required by an
instructor in wildlife research in the school to collect specimens
used in laboratory work in the school under supervision and in
connection with a course in wildlife research or in the conduct of
wildlife investigations and studies on behalf of the public.
(e) The department may issue a nonresident permit that is valid
for 24 months from the date of issuance on application and payment of
a base fee of one hundred dollars ($100) as adjusted under Section
713.
(f) It is not necessary for the possessor of the permit to have a
sport fishing or hunting license to collect any fish, reptile,
aquatic animal or plant, bird, or mammal for scientific, educational,
or propagation purposes in this state.
(g) Nothing in this section authorizes any act which violates
Section 597 of the Penal Code.
(h) A permit under this section does not authorize the taking of
fish or mammals from the ocean waters of this state which are within
the boundaries of any city if the city has filed with the department
an objection to the taking.
(i) The adjustment of the base fees pursuant to Section 713 that
is specified in subdivisions (b), (d), and (e) shall be applicable to
permits issued on or after January 1, 1991.
(j) The department shall adjust the amount of the fees specified
in subdivisions (b), (d), and (e) as necessary, to fully recover, but
not exceed, all reasonable administrative and implementation costs
of the department and the commission relating to those permits.
SEC. 14. SEC. 13. Section 1020 is
added to the Fish and Game Code, to read:
1020. (a) The department and the commission shall develop a
strategic plan to implement proposals arising from any of the
following:
(1) The strategic vision developed and submitted to the Governor
and the Legislature pursuant to Section 12805.3 of the Government
Code.
(2) Any legislation enacted relating to the strategic vision
process.
(3) The department's own proposals for reform.
(b) (1) The department and the commission may contract for
consultants to assist in the preparation of the strategic plan
pursuant to subdivision (a).
(2) Contracts entered into pursuant to paragraph (1) shall
terminate no later than December 31, 2015.
(3) Contracts entered into pursuant to paragraph (1) shall be
exempt from Part 2 (commencing with Section 10100) of Division 2 of
the Public Contract Code.
SEC. 15. SEC. 14. Section 1065 is
added to the Fish and Game Code, to read:
1065. The department, by January 1, 2015, shall modify its
Automated License Data System to include information on all
violations of this code and regulations adopted pursuant to this
code. The department, by January 1, 2015, shall modify electronic
field equipment utilized by fish and game wardens to give fish and
game wardens access to Automated License Data System information in
the field.
SEC. 16. SEC. 15. Article 7
(commencing with Section 1225) is added to Chapter 3 of Division 2 of
the Fish and Game Code, to read:
Article 7. Nonprofit Partnerships
1225. All moneys collected or received from gifts or bequests, or
from municipal or county appropriations or donations for purposes
relating to conservation programs, projects, and activities by the
department shall be deposited in the State Treasury to the credit of
the Fish and Game Preservation Fund. All moneys deposited pursuant to
this section shall be used for purposes relating to conservation
programs, projects, and activities by the department.
1226. (a) The department may enter into one or more agreements to
accept funds from any person, nonprofit organization, or other
public or private entity for purposes relating to conservation
programs, projects, and activities by the department. Any funds
received pursuant to this section shall be deposited in the Fish and
Game Preservation Fund. The funds received shall supplement existing
resources for purposes relating to conservation programs, projects,
and activities by the department.
(b) The department may enter into one or more agreements to accept
services from any person, nonprofit organization, or other public or
private entity for purposes relating to conservation programs,
projects, and activities by the department. Under the direction of
the department, these services shall supplement existing staff
resources. Agreements for services for the management and operation
of department-managed lands shall be subject to the provisions of
Section 1745.
1227. Notwithstanding any other provision of law, the department
may enter into one or more agreements with any person, nonprofit
organization, or other public or private entity, as may be
appropriate, to assist the department in its efforts to secure
long-term private funding sources for purposes relating to
conservation programs, projects, and activities by the department.
The authority to enter into agreements for the purposes of this
section shall include, but not be limited to, for the purposes of
securing donations, memberships, corporate and individual
sponsorships, and marketing and licensing agreements.
SEC. 17. SEC. 16. Section 1745 is
added to the Fish and Game Code, to read:
1745. (a) Commencing January 1, 2015, the purchase of an entry
permit through the Automated License Data System or other means, as
determined by the department, shall be required to access all
department-managed lands for uses other than hunting and fishing. The
user shall have the entry permit in his or her immediate possession
while on department-managed lands. Failure to obtain a permit for
uses listed in paragraph (1) of subdivision (d)
hunting, fishing, wildlife viewing, wildlife photography,
conservation education, fish and wildlife research, or
other uses as required by regulations adopted by the commission
pursuant to paragraph (2) of subdivision (d)
, shall be an infraction as described in Section 12002.2.1. A
person in possession of a valid hunting license, a sportfishing
license, or a trapping license shall be exempt from the payment of an
entry permit fee. Where, in the determination of the department, it
is feasible and cost effective, the department shall make entry
permits available for purchase onsite and shall also modify its
online processes for purchase of entry permits to make these systems
compatible for nonconsumptive users.
(b) For purposes of this section, "nonconsumptive uses" means
compatible uses other than hunting and fishing.
SEC. 18. SEC. 17. Section 2068 of
the Fish and Game Code is amended to read:
2068. "Candidate species" means a native species or subspecies of
a bird, mammal, fish, amphibian, reptile, or plant that the
commission or, after January 1, 2013, the department, has formally
noticed as being under review by the department for addition to
either the list of endangered species or the list of threatened
species, or a species for which the commission has published a notice
of proposed regulation to add the species to either list.
SEC. 19. SEC. 18. Section 2070 of
the Fish and Game Code is amended to read:
2070. The department shall establish a list of endangered species
and a list of threatened species. The department shall add or remove
species from either list if it finds, upon the receipt of sufficient
scientific information pursuant to this article, that the action is
warranted.
SEC. 20. SEC. 19. Section 2071 of
the Fish and Game Code is amended to read:
2071. The department shall adopt guidelines by which an
interested person may petition the department to add a species to, or
to remove a species from , either the list of endangered
or the list of threatened species.
SEC. 21. SEC. 20. Section 2071.5 of
the Fish and Game Code is amended to read:
2071.5. The department shall adopt criteria for determining if a
species is endangered or threatened.
SEC. 22. SEC. 21. Section 2072.7 of
the Fish and Game Code is amended to read:
2072.7. The department may, in the absence of a petition from an
interested party, prepare its own petition to add a species to, or
remove a species from, either the list of endangered species or the
list of threatened species. If the department prepares its own
petition under this section, the department shall include the
information specified in Section 2072.3. A department petition
prepared pursuant to this section shall be considered as described in
subdivision (b) of Section 2073.5, and is subject to Sections 2074
to 2079, inclusive.
SEC. 23. SEC. 22. Section 2073 of
the Fish and Game Code is amended to read:
2073. Within 10 days of the receipt of a petition from an
interested person under Section 2072.3, the director shall refer the
petition to the appropriate staff within the department for
evaluation.
SEC. 24. SEC. 23. Section 2073.3 of
the Fish and Game Code is amended to read:
2073.3. (a) The department shall publish a notice in the
California Regulatory Notice Register of the receipt of a petition
prepared pursuant to Section 2072.3 by the department, or by an
interested party and referred to the department, pursuant to Section
2073, or the commencement of an evaluation, to add a species to,
remove a species from, or change the status of a species on, the list
of endangered species or the list of threatened species pursuant to
Section 2072.7. At a minimum, the notice shall include all of the
following:
(1) The scientific and common name of the species.
(2) Habitat type, if that information is available in the
petition.
(3) The location where interested persons can submit information
to the department relating to the petitioned species.
(b) The department shall notify interested persons ,
pursuant to Section 2078, by mail, of the notices prepared pursuant
to subdivision (a), and shall mail a copy of the notice to those
persons.
SEC. 25. SEC. 24. Section 2073.5 of
the Fish and Game Code is amended to read:
2073.5. (a) Within 90 days of receipt of the petition, the
department shall evaluate the petition on its face and in relation to
other relevant information the department possesses or receives, and
prepare a written evaluation report with one of the following
recommendations:
(1) Based upon the information contained in the petition, there is
not sufficient information to indicate that the petitioned action
may be warranted, and the petition should be rejected.
(2) Based upon the information contained in the petition, there is
sufficient information to indicate that the petitioned action may be
warranted, and the petition should be accepted and considered.
(b) The director may grant an extension of time, not to exceed 30
days, to allow the department additional time to further analyze and
evaluate the petition , and complete its evaluation
report.
(c) The department's evaluation report shall include copies of, or
a list of, all information submitted to the department ,
pursuant to subdivision (a) of Section 2073.4 , during its
evaluation of the petition. If copies are not included, the report
shall state where the listed information is available for review.
SEC. 26. SEC. 25. Section 2073.7 of
the Fish and Game Code is amended to read:
2073.7. A petitioner may amend a petition at any time prior to
the beginning of the meeting held by the department pursuant to
Section 2074.2. However, if the department determines that the
amendment is substantive, the department shall further review the
petition , pursuant to Section 2073.5, publish notice of
the amendment , pursuant to Section 2073.3, and renotice
or continue any hearing scheduled , pursuant to Section
2074 , in order to provide adequate opportunity for public
comment.
SEC. 27. SEC. 26. Section 2074 of
the Fish and Game Code is amended to read:
2074. The department shall schedule the petition for
consideration at a public meeting, but not sooner than 30 days after
receipt of the petition and public release of the evaluation report,
and distribute its pending agenda to interested persons pursuant to
Section 2078. The department also shall make the petition, evaluation
report, and other materials received available for review.
SEC. 28. SEC. 27. Section 2074.2 of
the Fish and Game Code is amended to read:
2074.2. (a) At the meeting scheduled pursuant to Section 2074,
the director or the director's designee shall hold a public hearing
on the petition and shall receive information, written or otherwise,
and oral testimony. After the conclusion of oral testimony from
department staff, the petitioner, or any other persons, the
department may close the public hearing and administrative record for
the department's decision pursuant to this section.
(b) After the department closes the public hearing, the
administrative record for the department's decision is closed and it
shall not be reopened except as provided in subdivision (c). Once the
public hearing is closed , no person shall submit further
information to the department for consideration on that petition and
the department shall not accept any further information for
consideration on that petition except as provided in subdivision (c).
(c) The administrative record for the department's decision
pursuant to this section shall not be reopened once the department
closes the public hearing unless one of the following occurs prior to
the department's decision:
(1) There is a change in state or federal law or regulation that
has a direct and significant impact on the department's determination
as to whether the petition provides sufficient information to
indicate that the petitioned action may be warranted.
(2) The department determines that it requires further information
to evaluate whether the petition provides sufficient information to
indicate that the petitioned action may be warranted. If the
department makes that
determination during its deliberation, the department may request, on
the record at the scheduled meeting or at a continued meeting,
further information on any issue relevant to making its determination
as to whether the petition provides sufficient information to
indicate that the petitioned action may be warranted. Any request by
the department pursuant to this paragraph shall specify a date by
which the information must be submitted to the department and shall
serve to reopen the administrative record for the limited purpose of
receiving further information relating to the issues specified by the
department in the request. Department staff, the petitioner, or any
other person may submit information in response to a request pursuant
to this paragraph.
(d) Within 90 days of the meeting scheduled pursuant to Section
2074, the department shall consider the petition, the department's
written report, written comments received, and oral testimony
provided during the public hearing, and the department shall make and
publish in the California Regulatory Notice Register one of the
following findings:
(1) If the department finds that the petition does not provide
sufficient information to indicate that the petitioned action may be
warranted, the department shall publish a notice of finding that the
petition is rejected, including the reasons why the petition is not
sufficient.
(2) If the department finds that the petition provides sufficient
information to indicate that the petitioned action may be warranted,
the department shall publish a notice of finding that the petition is
accepted for consideration. If the accepted petition recommends the
addition of a species to either the list of endangered species or the
list of threatened species, the department shall include in the
notice that the petitioned species is a candidate species. The
department shall maintain a list of species which are candidate
species.
(e) The department shall publish and distribute the findings
relating to the petition pursuant to Section 2078.
SEC. 29. SEC. 28. Section 2074.4 of
the Fish and Game Code is amended to read:
2074.4. If a petition is accepted by the department for
consideration, all reasonable attempts shall be made to notify
affected and interested parties and to solicit data and comments on
the petitioned action from as many persons as is practicable. In
addition to department efforts to provide notification through
distribution of the agenda and minutes pursuant to Section 2078, the
department shall immediately undertake efforts to notify affected and
interested parties. Methods of notification may include, but are not
limited to, correspondence, newspaper notices, and press releases,
and notification shall include notice to owners of that land which
may provide habitat essential to the continued existence of the
species, unless the director determines that ownership is so
widespread, fragmented, or complex as to make individual notice
impractical.
SEC. 30. SEC. 29. Section 2074.6 of
the Fish and Game Code is amended to read:
2074.6. The department shall promptly commence a review of the
status of the species concerned in the petition. Within 12 months of
the date of publication of a notice of acceptance of a petition for
consideration pursuant to paragraph (2) of subdivision (d) of Section
2074.2, the department shall produce and make publicly available on
the department's Internet Web site a written peer reviewed report,
based upon the best scientific information available to the
department, which indicates whether the petitioned action is
warranted, which includes a preliminary identification of the habitat
that may be essential to the continued existence of the species, and
which recommends management activities and other recommendations for
recovery of the species. The department shall amend the draft status
review report as appropriate to incorporate scientific information
from the independent peer review. The revised report shall be posted
on the department's Internet Web site for a minimum of 30 days for
public review prior to the hearing scheduled pursuant to Section
2075. An extension of up to six months time may be granted if the
director determines an extension is necessary to complete independent
peer review of the report, and to provide a minimum of 30 days for
public review of the peer reviewed report prior to the public hearing
specified in Section 2075.
SEC. 31. SEC. 30. Section 2074.8 of
the Fish and Game Code is amended to read:
2074.8. Nothing in this article imposes any duty or obligation
for, or otherwise requires, the commission or the department to
undertake independent studies or other assessments of any species
when reviewing a petition and its attendant documents and comments.
However, the department shall seek independent scientific peer review
of the department's status report. The director may approve an
extension of time for completion of the status report if necessary
for the purposes of obtaining independent peer review pursuant to
Section 2074.6. The Independent Scientific Advisory Panel ,
established pursuant to Section 715 , may assist the
department in identifying appropriate nondepartment scientists with
expertise in the species being considered for listing to provide
independent peer review.
SEC. 32. SEC. 31. Section 2075 of
the Fish and Game Code is amended to read:
2075. The department shall schedule the petition for final
consideration at a public meeting within 30 days after closure of the
public comment period on the departmental report provided pursuant
to Section 2074.6 and shall distribute the pending agenda for that
meeting pursuant to Section 2078. The department shall make the
department's report, or copies thereof, which was provided, pursuant
to Section 2074.6, available for review upon request.
SEC. 33. SEC. 32. Section 2075.5 of
the Fish and Game Code is amended to read:
2075.5. (a) At the meeting scheduled pursuant to Section 2075,
the director or the director's designee shall hold a public hearing
on the petition and shall receive information, written or otherwise,
and oral testimony. After the conclusion of oral testimony from
department staff, the petitioner, or any other persons, the
department may close the public hearing and the administrative record
for the department's decision pursuant to this section.
(b) After the department closes the public hearing the
administrative record for the department's decision is closed and it
shall not be reopened except as provided in subdivision (c). Once the
public hearing is closed no person shall submit further information
to the department for consideration on that petition and the
department shall not accept any further information for consideration
on that petition except as provided in subdivision (c).
(c) The administrative record for the department's decision
pursuant to this section shall not be reopened once the department
closes the public hearing unless one of the following occurs prior to
the department's decision:
(1) There is a change in state or federal law or regulation that
has a direct and significant impact on the department's determination
as to whether the petition provides sufficient information to
indicate that the petitioned action is warranted.
(2) The department determines that it requires further information
to evaluate whether the petition provides sufficient information to
indicate that the petitioned action may be warranted. If the
department makes that determination during its deliberation, the
department may request, on the record at the scheduled meeting or at
a continued meeting, further information on any issue relevant to
making its determination as to whether the petition provides
sufficient information to indicate that the petitioned action is
warranted. Any request by the department pursuant to this paragraph
shall specify a date by which the information must be submitted to
the department and shall serve to reopen the administrative record
for the limited purpose of receiving further information relating to
the issues specified by the department in the request. Department
staff, the petitioner, or any other person may submit information in
response to a request pursuant to this paragraph.
(d) Within 90 days of the meeting scheduled pursuant to Section
2075 , the department shall consider the petition, the
department's written report, written comments received, and oral
testimony provided during the public hearing, and the department
shall make and publish in the California Regulatory Notice Register
one of the following findings:
(1) The petitioned action is not warranted, in which case the
finding shall be entered in the public records of the department and
the petitioned species shall be removed from the list of candidate
species maintained pursuant to Section 2074.2.
(2) The petitioned action is warranted, in which case the
department shall publish a notice of that finding and a notice of
proposed rulemaking , pursuant to Section 11346.4 of the
Government Code , to add the species to, or remove the
species from, the list of endangered species or the list of
threatened species. Further proceedings of the department on the
petitioned action shall be made in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
SEC. 34. SEC. 33. Section 2076.5 of
the Fish and Game Code is amended to read:
2076.5. Notwithstanding Sections 2071 to 2075.5, inclusive, the
department may adopt a regulation which adds a species to the list of
endangered species or to the list of threatened species as an
emergency regulation pursuant to Article 1.5 (commencing with Section
240) to Chapter 2 of Division 1 if the department finds that there
is any emergency posing a significant threat to the continued
existence of the species. The department shall notify affected or
interested persons of the adoption of such an emergency regulation
pursuant to the methods described in Section 2074.4.
SEC. 35. SEC. 34. Section 2077 of
the Fish and Game Code is amended to read:
2077. (a) The department shall review species listed as an
endangered species or as a threatened species every five years to
determine if the conditions that led to the original listing are
still present. The review shall be conducted based on information
which is consistent with the information specified in Section 2072.3
and which is the best scientific information available to the
department. The review shall include a review of the identification
of the habitat that may be essential to the continued existence of
the species and the department's recommendations for management
activities and other recommendations for recovery of the species. The
department shall notify any person who has notified the department,
in writing with their address, of their interest, and the department
may notify any other person.
(b) Review of species that are listed by both the commission or
the department and the United States Department of Interior will be
conducted in conjunction with the five-year review process of the
United States Department of Interior.
(c) Initial review of those species listed by the commission
before January 1, 1982, that are not listed by the federal government
shall be undertaken and completed by July 1, 1987. Initial review of
those species listed by the commission or the department after
January 1, 1982, that are not listed by the federal government shall
be undertaken and completed within five years of the date the species
was originally listed by the commission or the department.
(d) Notwithstanding any other provision of this section, the
department may review a species at any time based upon a petition or
upon other data available to the department.
(e) The department shall report in writing and make publicly
available the results of its five-year review for each listed
species. The department shall treat any report of the department
under this subdivision which contains a recommendation to add a
species to, or remove a species from, the list of endangered species
or the list of threatened species as a department recommendation
submitted pursuant to Section 2072.7.
SEC. 36. SEC. 35. Section 2078 of
the Fish and Game Code is amended to read:
2078. (a) To provide all interested persons access to information
and notification of pending listing or delisting actions, the
department shall distribute the related agenda of pending actions and
those portions of its minutes of actions taken under this article to
any individuals who have notified the department, in writing with
their address, of their interest. This notification shall be
published in the California Regulatory Notice Register and shall meet
the requirements of public notice as required for department action
under Section 2073.3, 2074, 2074.2, 2075, or 2077.
(b) The department may impose an annual fee on those persons who
request inclusion on the list to be notified in order to offset the
cost of establishing and maintaining the list, and preparing and
mailing the notices. Fees received pursuant to this section shall be
deposited in the Fish and Game Preservation Fund.
SEC. 37. SEC. 36. Section 2079 of
the Fish and Game Code is amended to read:
2079. The department shall, by January 30 of every third year,
beginning January 30, 1986, prepare a report summarizing the status
of all state listed endangered, threatened, and candidate species,
and shall submit the report to the Legislature, the Governor, and all
individuals who have notified the department, in writing with their
address, of their interest. This report shall include, but not be
limited to, a listing of those species designated as endangered,
threatened, and candidate species, a discussion of the current status
of endangered, threatened, or candidate species, and the timeframes
for the review of listed species pursuant to this article.
SEC. 38. SEC. 37. Section 2080 of the
Fish and Game Code is amended to read:
2080. No person shall import into this state, export out of this
state, or take, possess, purchase, or sell within this state, any
species, or any part or product thereof, that the commission or,
after January 1, 2013, the department determines to be an endangered
species or a threatened species, or attempt any of those acts, except
as otherwise provided in this chapter, the Native Plant Protection
Act (Chapter 10 (commencing with Section 1900) of this code), or the
California Desert Native Plants Act (Division 23 (commencing with
Section 80001) of the Food and Agricultural Code).
SEC. 39. SEC. 38. Section 2082 of
the Fish and Game Code is amended to read:
2082. This chapter does not prohibit the sale of any endangered
species or threatened species, or any part or product thereof, when
the owner can demonstrate that the species, or part or product
thereof, was in the person's possession before the date upon which
the commission or , after January 1, 2013, the department
listed the species as an endangered species or threatened species or
as an endangered animal or rare animal prior to January 1, 1985, and
shall not prohibit the sale of that part or product by an individual
not normally engaged in that sale if it was originally possessed by
the seller for the seller's own use and so used by that seller.
However, it shall be unlawful to sell any species, or part or product
thereof, if that sale would have been unlawful prior to the date
upon which the commission added the species to the listing of
endangered species or threatened species or to the listing of
endangered animals or rare animals prior to January 1, 1985.
SEC. 40. SEC. 39. Section 2084 of the
Fish and Game Code is amended to read:
2084. The department may authorize, subject to terms and
conditions it prescribes, the taking of any candidate species, or the
taking of any fish by hook and line for sport that is listed as an
endangered, threatened, or candidate species.
SEC. 41. SEC. 40. 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. 42. SEC. 41. Section 2090 is
added to the Fish and Game Code, to read:
2090. It is the intent of the Legislature that investments in
habitat protection and restoration made as part of compensatory
mitigation to retain and enhance biological values for listed species
are perpetual and supported with long-term management. To extend the
conservation benefits derived from these investments to public
lands, it is the intent of the Legislature that the department work
with the Bureau of Land Management and interested stakeholders to
develop a viable solution that will ensure durable mitigation and
protection of mitigation lands on federal lands in perpetuity.
SEC. 42. Section 2099 of the Fish and
Game Code is amended to read:
2099. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Eligible project" means a solar thermal powerplant,
photovoltaic powerplant, wind powerplant, or geothermal powerplant
meeting the requirements of paragraph (1) or (2) of subdivision (b)
of Section 2069 or meeting the definition of a "covered activity" in
the final Desert Renewable Energy Conservation Plan, as approved by
the department.
(2) "Energy Commission" means the State Energy Resources
Conservation and Development Commission.
(b) (1) The Renewable Energy Resources Development Fee Trust Fund
is hereby established in the State Treasury. The department shall
collect a fee from the owner or developer of an eligible project that
elects to use mitigation actions developed and approved by the
department pursuant to Section 2069, and all moneys received for
purposes of mitigation actions pursuant to Section 2069 shall be
deposited in the fund and shall be held in trust and be expended
solely for the purposes of, and in conformity with, that section,
applicable permit or certification requirements for eligible
projects, and any contractual agreement between the Energy Commission
or department and the owner or developer of an eligible project. The
department may contract with, or award grants to, third parties to
implement mitigation actions in conformity with Section 2069 and this
section.
(2) Upon direction by the department, the Controller shall create
any accounts or subaccounts within the fund that the department
determines are necessary or convenient to facilitate management of
the fund.
(3) The fund shall serve, and be managed, as an optional,
voluntary method for developers or owners of eligible projects to
deposit fees to complete mitigation actions meeting the conditions of
subdivision (c) of Section 2069 and for the purpose of meeting the
requirements of this chapter or the requirements of Chapter 6
(commencing with Section 25500) of Division 15 of the Public
Resources Code by funding mitigation actions implemented by the
department or third parties in a contractual relationship with the
department. Notwithstanding Section 13340 of the Government Code, the
money in the fund is hereby continuously appropriated to the
department, without regard to fiscal years, for the purposes
enumerated in this section and Section 2069. An expenditure shall not
be made from the fund except as authorized by the department.
(4) The sum of ten million dollars ($10,000,000) is
hereby previously transferred, as a loan, from
the Renewable Resource Trust Fund to the fund . This loan
shall be repaid from the fund to the Renewable Resource
Trust Fund no later than December 31, 2012
2013 . The department shall use these funds, pursuant to
paragraph (1) of subdivision (c) of Section 2069, to purchase
mitigation lands or conservation easements, and to cover related
restoration, monitoring, and transaction costs incurred in advance of
the receipt of fees pursuant to paragraph (5) and to cover the
department's administrative costs for the program.
(5) A developer or owner of an eligible project that elects to use
mitigation actions developed and authorized by the department
pursuant to Section 2069 shall remit fees to the department for
deposit into the fund for those mitigation actions in an amount that
reflects the determination by the Energy Commission, with respect to
a solar thermal or geothermal powerplant subject to its jurisdiction,
or the department, with respect to a renewable energy powerplant not
subject to the Energy Commission's jurisdiction, of the costs
attributable to the mitigation actions that meet the standards of
this chapter. The amount of fees to be paid by a developer or owner
of an eligible project to meet the standards of this chapter shall be
calculated on a per acre basis, using total cost accounting, and
shall include, as applicable, land acquisition or conservation
easement costs, monitoring costs, restoration costs, transaction
costs, the amount of a perpetual endowment account for land
management or easement stewardship costs by the department or other
management entity, and administrative costs and funds sufficient to
repay any expenditure of state funds made pursuant to paragraph (4).
To ensure the funds deposited pursuant to this section are sufficient
to meet the standards of this chapter, the project developer or
owner, in addition to payment of those funds, shall provide security,
in a form and amount, not to exceed 5 percent of the amount of the
funds, excluding any portion of the funds to be used for a perpetual
endowment, to be determined by the Energy Commission, with respect to
a solar thermal or geothermal powerplant subject to its
jurisdiction, or to be determined by the department, with respect to
a renewable energy powerplant not subject to the Energy Commission's
jurisdiction.
(c) The department shall monitor the implementation of the
mitigation actions and the progress of the construction of the
eligible projects. The department shall report all deposits, and the
source of those deposits, on its Internet Web site. The department
shall also report all expenditures from the fund on its Internet Web
site and identify the mitigation activities or programs that each
expenditure funded and its relationship to the permitted project. The
Energy Commission, with respect to a solar thermal or geothermal
powerplant subject to its jurisdiction, and the department, with
respect to a renewable energy powerplant not subject to the Energy
Commission's jurisdiction, shall ensure that moneys paid pursuant to
this section are used only for purposes of satisfying the standards
of paragraph (2) of subdivision (b) of Section 2081. Where moneys are
used to fund mitigation actions, including the acquisition of lands
or conservation easements, or the restoration of lands, that use
shall be in addition to, and not duplicative of, mitigation obtained
through any other means.
(d) The department and the Energy Commission shall not allow any
use of the interim mitigation strategy subsequent to a determination
by the department that the time and extent of mitigation actions are
not being implemented in rough proportion to the impacts of those
projects. The department shall reinstitute the use of the interim
mitigation strategy when the department determines the rough
proportionality between mitigation actions and impacts of eligible
projects has been reestablished by
the completion of additional mitigation actions.
SEC. 43. Section 2536 of the Fish and Game Code is amended to
read:
2536. (a) It is unlawful for any person to engage in the business
of guiding or packing, or to act as a guide for any consideration or
compensation whatever, without first having secured a guide license
from the department.
(b) An employee of a licensee who acts as a guide only in
connection with, and within the scope of, his or her employment is
exempt from the requirement of subdivision (a) if all of the
following conditions are met:
(1) If the employment is subject to and the person is reported to
the carrier of the employer's workers' compensation insurance.
(2) If the person is subject and reported to the state and federal
taxing authorities for withholding of income tax.
(3) If the person is reported to the department, on forms provided
by the department, as an employee of the guide prior to any contact
with any person being guided, and a registration fee has been paid.
The base fee for an employee guide registration for the 2004 license
year shall be thirty-three dollars ($33), which shall be adjusted
annually thereafter pursuant to Section 713.
(c) A person who is licensed in another state to provide guide
services for the purposes of fishing is exempt from the requirements
of subdivision (a) if all of the following conditions are met:
(1) The state in which the person is licensed grants a similar
exemption to licensed guides who are residents of this state.
(2) Evidence of a valid guide license is provided to the
department upon request.
(3) The person is engaged in the business of guiding only in
conjunction with and during the term of a multistate fishing
tournament approved by the appropriate agency in each of the affected
states.
(4) The tournament sponsor provides to the department any
information or documents necessary to administer and enforce this
paragraph, as determined by the department, including, but not
limited to, the identities of all guides participating in the
tournament, verification of another state's license exemption, and
information sufficient to determine the validity of another state's
guide licenses.
(5) The tournament sponsor pays the department an amount,
determined by the department, to be sufficient to cover the
department's cost to administer and enforce this subdivision.
(6) The net proceeds of the tournament are used for resource
management projects or habitat improvement projects, or both.
(d) The commission shall adjust the amount of the fees specified
in paragraph (3) of subdivision (b), as necessary, to fully recover,
but not exceed, all reasonable administrative and implementation
costs of the department and the commission relating to those
licenses.
SEC. 44. Section 2540 of the Fish and Game Code is amended to
read:
2540. (a) The base fee for a guide license issued to a resident
is one hundred fifty dollars ($150).
(b) The base fee for a guide license issued to a nonresident is
three hundred fifty dollars ($350).
(c) A guide license is valid for the license year beginning on
February 1 and ending on January 31 of the succeeding year or, if
issued after the beginning of the license year, for the remainder of
that license year.
(d) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
(e) The commission shall adjust the amount of the fees specified
in subdivisions (a), (b), and (d), as necessary, to fully recover,
but not exceed, all reasonable administrative and implementation
costs of the department and the commission relating to those
licenses.
SEC. 45. 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).
(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).
(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).
(4) To a person less than 10 years of age, upon payment of a base
fee of three hundred sixty-five dollars ($365).
(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 base fees specified in this section are applicable
commencing January 1, 2004, and shall be adjusted annually thereafter
pursuant to Section 713.
(f) The commission shall adjust the amount of the fees specified
in subdivision (b), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses.
SEC. 46. Section 6651 of the Fish and Game Code is amended to
read:
6651. (a) A license granting the privilege to harvest kelp or
other aquatic plants shall be issued upon application and the payment
of a fee of one hundred dollars ($100) to the department. The
license shall be valid from January 1 to December 31, inclusive, or,
if issued after the beginning of that term, for the remainder
thereof.
(b) The commission shall adjust the amount of the fees specified
in subdivision (a), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses.
(c) This chapter does not apply to aquatic plants grown on private
land or on state water bottoms leased pursuant to Division 12
(commencing with Section 15000).
SEC. 47. 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 fee of fifteen dollars ($15) in
the 2004 license year, which shall be adjusted annually thereafter
pursuant to Section 713.
(c) The commission shall adjust the amount of the fees specified
in subdivision (b) as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses.
SEC. 48. Section 8598.3 of the Fish and Game Code is amended to
read:
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.
(c) The commission shall adjust the amount of the fees specified
in subdivision (a) as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses.
SEC. 49. Section 12028 is added to the Fish and Game Code, to
read:
12028. The Legislature finds and declares that:
(a) 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 deter illegal poaching and other violations that
adversely impact fish and wildlife, it is important that the
department coordinate with other law enforcement entities and the
courts to facilitate effective enforcement and prosecution of these
offenses.
(c) It is the intent of the Legislature that the department be
encouraged, to the extent feasible and subject to available
resources, to establish and coordinate an environmental crimes task
force. The task force should involve the participation of the
department's Office of General Counsel working with each of the
department's law enforcement districts. The task force may include
coordination with representatives from the California District
Attorneys' Association, the Judicial Council, the Attorney General's
office, and the University of California. Objectives of the task
force may include, but are not limited to, providing training,
education, and outreach to prosecutors and the courts on Fish and
Game Code violations and providing other assistance as appropriate in
the prosecution of environmental crimes.
SEC. 50. Section 13014 of the Fish and Game Code is amended to
read:
13014. (a) There are hereby established, initially in the Special
Deposit Fund, continued in existence by Section 16370 of the
Government Code, both of the following accounts:
(1) The Fish and Game Mitigation and Protection Endowment
Principal Account. The department shall deposit in this account the
endowment funds received by the department pursuant to an agreement
described in subdivision (b) and all earnings generated thereon.
Notwithstanding Section 13340 of the Government Code, and subject to
the limitations imposed by subdivision (d) of Section 18504 of the
Probate Code, the moneys in the account established by this paragraph
are hereby continuously appropriated to the department for
expenditure without regard to fiscal years, for the purposes of
funding long-term management, enhancement, monitoring, and
enforcement activities on habitat lands in a manner consistent with
the terms of the underlying agreement.
(2) The Fish and Game Mitigation and Protection Expendable Funds
Account. The department shall deposit in this account moneys,
received pursuant to an agreement described in subdivision (b), that
are not endowment funds and that are designated for expenditure for
the purposes described in paragraph (2) of that subdivision.
Notwithstanding Section 13340 of the Government Code, the moneys in
the account established by this paragraph are hereby continuously
appropriated to the department for expenditure without regard to
fiscal year, for the purposes described in this section.
(b) (1) The department may deposit moneys into the accounts
established pursuant to subdivision (a) that it receives pursuant to
any of the following, if those moneys are received for the purposes
described in paragraph (2):
(A) Agreements or permits pursuant to the Natural Communities
Conservation Planning Act (Chapter 10 (commencing with Section 2800)
of Division 3).
(B) Conservation bank agreements.
(C) Habitat conservation implementation agreements.
(D) Incidental take permits.
(E) Legal or other written settlements.
(F) Mitigation agreements.
(G) Streambed or lakebed alteration agreements.
(H) Trust agreements.
(2) The department may deposit the moneys received pursuant to an
agreement described in paragraph (1) in an account established by
this section only if it receives those moneys for at least one of the
following purposes:
(A) Mitigating the adverse biological impacts of a specific
project, activity, spill, or release.
(B) Protecting, conserving, restoring, enhancing, managing, and
maintaining fish, wildlife, native plants, or their habitats.
(c) While the Fish and Game Mitigation and Protection Endowment
Principal Account and the Fish and Game Mitigation and Protection
Expendable Funds Account are initially established in the Special
Deposit Fund within the Pooled Money Investment Account, the
Treasurer's office shall, at the department's request, transfer these
funds from the Pooled Money Investment Account to another account
within the State Treasury system to increase earnings over time while
providing adequate liquidity. If either or both of these accounts
are transferred from the Pooled Money Investment Account, assets in
the transferred account or accounts may be held and invested pursuant
to subdivision (d).
(d) Notwithstanding the provisions of this chapter and any
conflicting provisions of Part 2 (commencing with Section 16300) of
Division 4 of the Government Code, the department may do all of the
following:
(1) Invest or direct the investment of the assets of the Fish and
Game Mitigation and Protection Endowment Principal Account and the
Fish and Game Mitigation and Protection Expendable Funds Account
through the purchase, holding, or sale of any investment, financial
instrument, or financial transaction when the investment, financial
instrument, or financial transaction is prudent in the informed
opinion of the department.
(2) For the purposes of developing and maintaining an investment
strategy for these accounts, the department may retain investment
advisers deemed acceptable to the Treasurer in the Treasurer's
reasonable discretion.
(3) For the purposes of managing and investing assets in these
accounts, the department may contract with a person or public,
private, or nonprofit entity that is experienced, knowledgeable, and
has demonstrated expertise in the management of diverse investment
portfolios and that is deemed acceptable to the Treasurer in the
Treasurer's reasonable discretion.
(e) The department shall hold, manage, and invest all moneys in
the accounts established pursuant to subdivision (a) consistent with
the management and investment principles set forth in the Uniform
Prudent Management of Institutional Funds Act (Part 7 (commencing
with Section 18501) of Division 9 of the Probate Code).
SEC. 51. 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. 52. 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.
SEC. 53. Section 4800 of the Labor Code is amended to read:
4800. (a) Whenever any member of the Department of Justice
falling within the "state peace officer/firefighter" class is
disabled by injury arising out of and in the course of his or her
duties, he or she shall become entitled, regardless of his or her
period of service with the Department of Justice to leave of absence
while so disabled without loss of salary, in lieu of disability
payments under this chapter, for a period of not exceeding one year.
This section shall apply only to members of the Department of Justice
whose principal duties consist of active law enforcement and shall
not apply to persons employed in the Department of Justice whose
principal duties are those of telephone operator, clerk,
stenographer, machinist, mechanic or otherwise clearly not falling
within the scope of active law enforcement service, even though this
person is subject to occasional call or is occasionally called upon
to perform duties within the scope of active law enforcement service.
(b) This section shall apply to law enforcement officers employed
by the Department of Fish and Wildlife who are described in
subdivision (e) of Section 830.2 of the Penal Code.
(c) This section shall apply to harbor policemen employed by the
San Francisco Port Commission who are described in Section 20017.76
of the Government Code.
(d) This section shall not apply to periods of disability which
occur subsequent to termination of employment by resignation,
retirement or dismissal. When this section does not apply, the
employee shall be eligible for those benefits which would apply if
this section had not been enacted.