BILL NUMBER: SB 1148 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2012
AMENDED IN ASSEMBLY JUNE 21, 2012
AMENDED IN SENATE MAY 29, 2012
AMENDED IN SENATE MARCH 29, 2012
INTRODUCED BY Senator Pavley
FEBRUARY 21, 2012
An act to amend Sections 711, 713, 714, 1050, 1609,
1726, 1726.4, 1727, 2014, 2860, 2861,
3031, 4006, 6596, 6596.1, 7149, 7149.05, 7260, 7852, 7881, 8032,
12000, and 13007 of, to add Sections 1726.1
, and 1729 , 1730, and 2864
to, to add Chapter 7.9 (commencing with Section 1797) to
Division 2 of, to repeal Chapter 9 (commencing with Section
1850) of Division 2 of, and to repeal and add Section 1728 of,
the Fish and Game Code, and to amend Section
65042 of the Government Code, and to amend Section 35615 of the
Public Resources Code, relating to fish and wildlife
resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1148, as amended, Pavley. Fish and Game Commission: Department
of Fish and Game.
(1) The Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act
of 1993 provides for the establishment of wetlands mitigation bank
sites to increase the total wetlands acreage and values within the
Sacramento-San Joaquin Valley.
This bill would provide that no conservation bank, mitigation
bank, or conservation and mitigation bank is operative, vested, or
final, nor bank credits issued, until the Department of Fish and Game
has approved the bank in writing and a conservation easement has
been recorded on the site. This The
bill would require the department to follow certain procedures and
authorize the department to charge and adjust specified fees to cover
the reasonable costs of the department reviewing various documents
when a person is interested in establishing a bank. The bill would
require the department to deposit revenues of those fees in a
separate dedicated account within the Fish and Game Preservation
Fund.
The bill would require the department to establish and maintain a
database that includes certain information about banks and to make
this data available on its Internet Web site or an appropriate
federal or state agency designated Internet Web site that is linked
to the department's Internet Web site.
This
The bill would also permit
require the department to adopt and amend guidelines and
criteria to amend provisions relating to the department's review of a
bank. This The bill would provide that
failure to pay a fee pursuant to these provisions is not a crime.
(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 hunting and fishing licenses, stamps, permits, and
tags. Under existing law, the department issues lifetime sportsman's
licenses, hunting licenses, sport fishing ocean enhancement stamps,
commercial fishing ocean enhancement stamps, commercial fishing ocean
enhancement validations, commercial fishing licenses, commercial
fish business licenses, commercial boat registrations, sport fishing
ocean enhancement validations, trapping licenses, and sport fishing
licenses, and existing law establishes base fees for those
entitlements, adjusted annually pursuant to the index.
This bill would require the Fish and Game Commission to adjust
the base fees for lifetime sportsman's licenses, hunting licenses,
sport fishing ocean enhancement stamps and validations, commercial
fishing ocean enhancement stamps and validations, commercial fishing
licenses, commercial fish business licenses, commercial boat
registrations, trapping licenses, and sport fishing licenses, as
necessary, to fully recover, but not exceed, all reasonable
administrative and implementation costs of the department and the
commission relating to those licenses. This bill would
require whenever a fee is not specified or the adjustment of a fee is
not specified for the issuance of any license, tag, permit,
application, reservation, or other entitlement that the commission
may establish a fee or the amount of the fee by regulation, as
prescribed. This The bill would also authorize
the department to establish fees and to adjust statutorily imposed
fees by regulation for certain filings, permits, determinations, or
other department actions.
Existing law requires a governmental agency or public utility that
proposes a project that would divert, obstruct, or change the
natural flow of, or result in the disposal of debris in, a river,
stream, or lake designated by the department, to submit prescribed
plans and other information to the department, and to follow
prescribed procedures. Existing law authorizes the director of the
department to establish a graduated schedule of fees that may be
charged for administering and enforcing the process, and limits the
amount of the fee charged for any agreement to $5,000.
This bill would instead authorize the department to establish a
graduated schedule of fees and limit the amount of the fee charged to
$5,000 for any single project. This bill would require the
department to annually adjust the fees pursuant to the index.
(3) Existing law relating to the Office of Planning and Research
requires every officer, agency, department, or instrumentality of
state government to cooperate in the preparation and maintenance of
the State Environmental Goals and Policy Report and to ensure that
their entity's functional plan is consistent with specified state
planning priorities and annually demonstrate, when requesting
infrastructure as specified, how the plans are consistent with those
priorities. Existing law requires those entities to comply with any
request for advice, assistance, information, or other material.
This bill would specify that the subject entities include certain
trustee agencies.
(4) Existing law establishes the policy of the state to conserve
its natural resources and to prevent the willful or negligent
destruction of birds, mammals, fish, reptiles, or amphibia. Existing
law authorizes the state to recover damages in a civil action against
any person or local agency which unlawfully or negligently takes or
destroys any bird, mammal, fish, reptile, or amphibian protected by
state law.
This bill would permit those acting as trustees for fish and
wildlife to recover damages in a civil action described above. This
bill would provide that if after reasonable notice of not less than
60 days the department fails to act in its statutory role as parens
patriae for fish and wildlife, a trustee with standing to protect
fish and wildlife is permitted to bring an action, as specified.
(5) 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 provide that, except as expressly provided
otherwise, a violation of the Fish and Game Code, or of any rule,
regulation, or order made or adopted under that code is a strict
liability offense. By changing the definition of a crime, this bill
would impose a state-mandated local program.
(6) Existing
(4) Existing law, the Marine Life
Protection Act, requires the commission to adopt a master plan that
guides the adoption and implementation of the Marine Life Protection
Program and authorizes the commission to regulate commercial and
recreational fishing and any other taking of marine species in marine
protected areas (MPAs). Existing law prohibits the taking of a
marine species in a marine life reserve except as authorized by the
commission for scientific purposes, subject to specified provisions.
This bill would instead provide that the department is
authorized authorize the department to regulate
commercial and recreational fishing in an MPA and the taking of
marine species in marine life reserve.
The Marine Life Protection Act also requires the commission to
receive, consider, and promptly act upon petitions from any
interested party to add, delete, or modify MPAs, as prescribed.
This bill would instead provide that the department is
revise the act to designate, instead, the Ocean
Protection Council to receive, consider, and promptly act upon
these petitions. This bill would require the department to
establish a process for external peer review of the scientific basis
for proposed changes to an MPA. This bill would also require the
department to convene a siting workshop in the biogeographical region
of the proposed MPA change composed of interested parties to review
the alternatives for MPA modification and to provide advice on a
recommended action on a proposed modification of an MPA.
The bill would require the department to review the petition
before a final con sideration and decision by the council,
and to establish a process for scientific peer review, as
prescribed.
This bill would require the department, every 7 years, to conduct
a review of the effectiveness of the statewide MPA network as a whole
in achieving the goals of the act and would require the department
to report the results and any proposals for changes to the Secretary
for Natural Resources, as specified.
(7) Existing
(5) Existing law, the Trout and
Steelhead Conservation and Management Planning Act of 1979, requires
the department to determine whether a stream or lake should be
managed as a wild trout fishery, or whether its management should
involve the planting of native trout species to supplement wild trout
populations. Existing law requires the commission to develop
additional wild trout waters. Existing law requires the department to
prepare a list each year of no less than 25 miles of stream or
stream segments and at least one lake that it deems suitable for
consideration as wild trout waters and to submit this list to the
commission. The commission is required to annually submit a report to
the Legislature that includes its reasons why any stream or lake
listed by the department was or was not included in the program.
Existing law requires the department to prepare and complete
management plans for all wild trout waters not more than 3 years
following their initial designation by the commission, and to update
the management plan every 5 years following completion of the initial
management plan.
This bill would revise the findings and declarations of the act.
This bill would require specified inventories prepared for each
stream, stream system, or lake, to be maintained and continuously
revised, with the goal of reviewing every watershed once per decade,
and to be publicly available on the department's Internet Web site.
This The bill would instead
require the commission , instead, to
report to the Legislature regarding progress in implementing the wild
trout program on even-numbered years and would require the report to
be publicly available on the department's Internet Web site.
This
The bill would require the department every 5 years to
update the specified Strategic Plan for Trout Management as necessary
to guide the state's trout management. This bill would require the
department to prepare and complete trout management plans consistent
with the Strategic Plan for Trout Management for all wild trout
waters, to be reviewed as prescribed, and to make the
Strategic Plan for Trout Management and the trout management plans
publicly available on the department's Internet Web site.
This
The bill would provide that priority is required to be
given to stocking native hatchery-produced species in California's
waters where stocking is determined to be appropriate by the
department. This The bill would require
certain hatchery-produced fish to be marked whenever
feasible and would require, with a specified exception, all
hatchery-produced fish stocked in California's waters to be sterile
the department to annually increase the percentage of
hatchery-produced fish that are marked and to ensure that all trout
stocked in waters of the state for recreational purposes, except as
provided, are unable to reproduce through triploidy or other
means . This The bill would
authorize the department to provide specified outreach to anglers to
promote awareness, would authorize the department to develop,
conduct, and respond to angler preference and satisfaction surveys,
and would encourage educational programs utilizing the hatcheries.
This The bill would require angling
regulations to be reviewed periodically and adjusted to ensure
consistency with the Strategic Plan for Trout Management.
This bill would establish the Hatchery Independent Science
Advisory Panel consisting of 5 members who are prominent scientists
with appropriate expertise appointed by the Governor generally for
terms of 5 years. This bill would specify the mission of the panel
and would require the panel to provide certain recommendations by
January 1, 2015. This bill would require the panel to submit to the
director of the department an annual report of the panel's research
and recommendations. This bill would also require the department to
respond to all of the panel's comments publicly.
Existing law requires 33 1/3
% 33 1/3 % of
the fees derived from the issuance of sport fishing licenses, with
certain exceptions, to be deposited into the Hatchery and Inland
Fisheries Fund within the State Treasury. Moneys
Existing law authorizes moneys in the fund may
to be expended, upon appropriation, in support
of Department of Fish and Game programs related to the management,
maintenance, and capital improvement of California's fish hatcheries,
the Heritage and Wild Trout Program, enforcement activities, and
other activities eligible to be funded from revenue generated by
sport fishing license fees. Existing law requires that those fund
moneys be used for specified purposes, including the attainment of
prescribed fish production and release goals for state hatcheries.
This bill would instead provide that moneys in the fund,
upon appropriation, are for the purposes of promoting angling
opportunities and the conservation of wild and native trout, and
ensuring thriving self-sustaining native trout populations throughout
their historic ranges authorize the expenditure of
those moneys, consistent with specified existing law, to
support programs of the department related to management,
maintenance, and capital improvement of California's fish hatcheries,
the Heritage and Wild Trout program, and enforcement activities
related thereto, and to support other activities eligible to be
funded from revenue generated by sport fishing license fees .
This bill would provide the fees be used for the purposes of
attaining a specified hatchery production goal, the Heritage and Wild
Trout Program, the development of trout management plans, and
staffing, as specified. This The bill
would permit the department to obtain hatchery-produced fish from
privately owned hatcheries located in the state to supplement its own
hatchery production if prescribed criteria are satisfied.
This The bill would require the department, by
July 1, 2014, and annually thereafter, to report to the fiscal and
policy committees in the Legislature on the implementation of these
provisions. This The bill would also
provide that funding for "Heritage Trout Waters" is a priority for
the fund.
(8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature further finds and declares the
following:
(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 and the 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.
(d) The policy chairs in their respective houses of committees
with subject matter jurisdiction will cooperate with proposed
legislation that will 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. Each bill may be amended
from time to time to reflect additional recommendations.
(e) It is the intent of the Legislature to focus more of the work
of the commission on the implementation of the state's hunting and
fishing and other wildlife-related regulations and the professional
administration of those laws. Several fees related to hunting and
fishing should therefore be reassigned from the department to the
commission. It is also the intent of the Legislature to enhance the
ability of the department to focus on the management and
administration of its lands, its enforcement responsibilities, the
conservation programs entrusted to it, and enhancing the scientific
basis of conservation decisions made in California.
SEC. 2. Section 711 of the Fish and Game Code is amended to read:
711. (a) It is the intent of the Legislature to ensure adequate
funding from appropriate sources for the department. To this end, the
Legislature finds and declares that:
(1) The costs of nongame fish and wildlife programs shall be
provided annually in the Budget Act by appropriating money from the
General Fund, through nongame user fees, and sources other than the
Fish and Game Preservation Fund to the department for these purposes.
(2) The costs of commercial fishing programs shall be provided out
of revenues from commercial fishing taxes, license fees, and other
revenues, from reimbursements and federal funds received for
commercial fishing programs, and other funds appropriated by the
Legislature for this purpose.
(3) The costs of hunting and sportfishing programs shall be
provided out of hunting and sportfishing revenues and reimbursements
and federal funds received for hunting and sportfishing programs, and
other funds appropriated by the Legislature for this purpose. These
revenues, reimbursements, and federal funds shall not be used to
support commercial fishing programs, free hunting and fishing license
programs, or nongame fish and wildlife programs.
(4) The costs of managing lands managed by the department and the
costs of wildlife management programs shall be supplemented out of
revenues in the Native Species Conservation and Enhancement Account
in the Fish and Game Preservation Fund.
(5) Hunting, sportfishing, and sport ocean fishing license fees
shall be adjusted annually to an amount equal to that computed
pursuant to Section 713. However, a substantial increase in the
aggregate of hunting and sportfishing programs shall be reflected by
appropriate amendments to the sections of this code that establish
the base sport license fee levels. The inflationary index provided in
Section 713 may shall not be used to
accommodate a substantial increase in the aggregate of hunting and
sportfishing programs.
(6) The costs of a conservation and mitigation banking program,
including, but not limited to, costs incurred by the department
during its adoption of guidelines for, and the review,
approval, establishment, monitoring, and oversight of ,
banks, shall be reimbursed from revenues of conservation and
mitigation bank application fees imposed pursuant to Section 711.5.
(b) The director and the Secretary of the Natural
Resources Agency shall, with the department's annual budget submittal
to the Legislature, submit a report on the fund condition, including
the expenditures and revenue, for all accounts and subaccounts
within the Fish and Game Preservation Fund. The department shall also
update its cost allocation plan to reflect the costs of program
activities.
(c) For purposes of this article, "substantial increase" means an
increase in excess of 5 percent of the Fish and Game Preservation
Fund portion of the department's current year support budget,
excluding cost-of-living increases provided for salaries, staff
benefits, and operating expenses.
SEC. 3. Section 713 of the Fish and Game Code is amended to read:
713. (a) The changes in the Implicit Price Deflator for State and
Local Government Purchases of Goods and Services, as published by
the United States Department of Commerce, shall be used as the index
to determine an annual rate of increase or decrease in the fees for
licenses, stamps, permits, tags, or other entitlements issued by the
department.
(b) (1) The department shall determine the change in the Implicit
Price Deflator for State and Local Government Purchases of Goods and
Services, as published by the United States Department of Commerce,
for the quarter ending March 31 of the current year compared to the
quarter ending March 31 of the previous year. The relative amount of
the change shall be multiplied by the current fee for each license,
stamp, permit, tag, or other entitlement issued by the department.
(2) The product shall be rounded to the nearest twenty-five cents
($0.25), and the resulting amount shall be added to the fee for the
current year. The resulting amount shall be the fee for the license
year beginning on or after January 1 of the next succeeding calendar
year for the license, stamp, permit, tag, or other entitlement that
is adjusted under this section.
(c) Notwithstanding any other provision of law, the department may
recalculate the current fees charged for each license, stamp,
permit, tag, or other entitlement issued by the department, to
determine that all appropriate indexing has been included in the
current fees. This section shall apply to all licenses, stamps,
permits, tags, or other entitlements, that have not been increased
each year since the base year of the 1985-86 fiscal year.
(d) The commission, with respect to any license, stamp, permit,
tag, or other entitlement issued by the commission shall comply with
subdivisions (a) to (c), inclusive.
(e) The calculations provided for in this section shall be
reported to the Legislature with the Governor's Budget Bill.
(f) The Legislature finds that all revenues generated by fees for
licenses, stamps, permits, tags, and other entitlements, computed
under this section and used for the purposes for which they were
imposed, are not subject to Article XIII B of the California
Constitution.
(g) The department and the commission shall ,
at least every five years, shall analyze all fees for
licenses, stamps, permits, tags, and other entitlements issued by it
to ensure the appropriate fee amount is charged. Where appropriate,
the department shall recommend to the Legislature or the commission
that fees established by the commission or the Legislature be
adjusted to ensure that those fees are appropriate.
SEC. 4. Section 714 of the Fish and Game Code is amended to read:
714. (a) In addition to Section 3031, 3031.2, 7149, 7149.05, or
7149.2 and notwithstanding Section 3037, the department shall issue
lifetime sportsman's licenses pursuant to this section. A lifetime
sportsman's license authorizes the taking of birds, mammals, fish,
reptiles, or amphibia anywhere in this state in accordance with 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 pursuant to this code. A lifetime sportsman's license is not
transferable. A lifetime sportsman's license does not include any
special tags, stamps, or other entitlements.
(b) A lifetime sportsman's license may be issued to residents, as
follows:
(1) To a person 62 years of age or over upon payment of a base fee
of seven hundred thirty dollars ($730).
(2) To a person 40 years of age or over and less than 62 years of
age upon payment of a base fee of one thousand eighty dollars
($1,080).
(3) To a person 10 years of age or over and less than 40 years of
age upon payment of a base fee of one thousand two hundred dollars
($1,200).
(4) To a person less than 10 years of age upon payment of a base
fee of seven hundred thirty dollars ($730).
(c) This section does not require a person less than 16 years of
age to obtain a license to take fish, reptiles, or amphibia for
purposes other than profit or to obtain a license to take birds or
mammals, except as required by law.
(d) This section does not exempt an applicant for a license from
meeting other qualifications or requirements otherwise established by
law for the privilege of sport hunting or sport fishing.
(e) Upon payment of a base fee of four hundred forty-five dollars
($445), a person holding a lifetime hunting license or lifetime
sportsman's license shall be issued annually one deer tag application
pursuant to subdivision (a) of Section 4332 and five wild pig tags
issued pursuant to Section 4654. Lifetime privileges issued pursuant
to this subdivision are not transferable.
(f) Upon payment of a base fee of two hundred ten dollars ($210),
a person holding a lifetime hunting license or lifetime sportsman's
license shall be entitled annually to the privileges afforded to a
person holding a state duck stamp or validation issued pursuant to
Section 3700 or 3700.1 and an upland game bird stamp or validation
issued pursuant to Section 3682 or 3682.1. Lifetime privileges issued
pursuant to this subdivision are not transferable.
(g) The base fees specified in this section are applicable
commencing January 1, 2004, and shall be adjusted annually thereafter
pursuant to Section 713.
(h) The commission shall adjust the amount of the fees specified
in subdivision (g), as necessary, to fully recover, but not exceed,
all reasonable administrative implementation costs of the department
and the commission relating to those licenses.
SEC. 5. Section 1050 of the Fish and Game Code is amended to read:
1050. (a) All licenses, permits, tags reservations, and other
entitlements authorized by this code shall be prepared and issued by
the department.
(b) The commission shall determine the form of all licenses,
permits, tags, reservations, and other entitlements and the method of
carrying and displaying all licenses, and may require and prescribe
the form of applications therefor and the form of any contrivance to
be used in connection therewith, except for those programs where the
department has fee-setting authority, in which case the department
shall retain that authority.
(c) Whenever any provision of this code provides for a permit,
license, tag, reservation, application, or other entitlement, the
commission shall, in accordance with the provision, prescribe the
terms and conditions under which the permit, license, tag,
reservation, application, or other entitlement shall be issued,
except for those programs where the department has fee-setting
authority, in which case the department shall retain that authority.
The department shall issue the permit, license, tag, reservation,
application, or other entitlement in accordance therewith and with
the applicable provisions of law.
(d) Except for fees set by the department pursuant to subdivision
(e), whenever this code does not specify whether a fee is to be
collected, or does not specify the amount of a fee to be collected,
or does not expressly prohibit the adjustment of statutorily imposed
fees by the commission by reference to this section for the issuance
of any license, tag, permit, application, reservation, or other
entitlement, the commission may establish a fee or the amount thereof
by regulation. The commission may also provide for the change in the
amount of the fee in accordance with Section 713. Fees established
by the commission shall be in an amount sufficient to recover all
reasonable administrative and implementation costs of the department
and commission relating to the program with regard to which the fee
is paid. The commission may establish a fee structure which provides
for the phasing in of new fees leading up to full cost recovery for
the department and commission, provided that full cost recovery is
achieved within five years of the establishment of the fee.
(e) The department may establish fees and may adjust statutorily
imposed fees by regulation for the filings, permits, determinations,
or other department actions described in Section 711.4, 1002, or
1609. The department also may provide for the change in the amount of
the fee in accordance with Section 713. Fees established by the
department shall be in an amount sufficient to recover all reasonable
administrative and implementation costs of the department relating
to the program with regard to which the fee is paid. The department
may establish a fee structure which provides for the phasing in of
new fees leading up to full cost recovery for the department,
provided that full cost recovery is achieved within five years of the
establishment of the fee.
(f) Whenever this code provides for a license, tag, permit,
reservation, or other entitlement, the commission or department, as
applicable, may establish a nonrefundable application fee, not to
exceed seven dollars and fifty cents ($7.50) sufficient to pay the
department's costs for issuing the license, tag, permit, reservation,
or other entitlement and may adjust the application fee in
accordance with Section 713.
SEC. 6. Section 1609 of the Fish and Game Code
is amended to read:
1609. (a) The department may establish a graduated schedule of
fees to be charged to any entity subject to this chapter. The fees
charged shall be established in an amount necessary to pay the total
costs incurred by the department in administering and enforcing this
chapter, including, but not limited to, preparing and submitting
agreements and conducting inspections. The department shall annually
adjust the fees pursuant to Section 713. Fees received pursuant to
this section shall be deposited in the Fish and Game Preservation
Fund.
(b) (1) The fee schedule established pursuant to subdivision (a)
may not impose a fee that exceeds five thousand dollars ($5,000) for
any single project.
(2) The fee limitation described in paragraph (1) does not apply
to any agreement issued pursuant to subdivision (g) of Section 1605.
SEC. 7. SEC. 6. Section 1726 of the
Fish and Game Code is amended to read:
1726. The Legislature hereby finds and declares that it is the
policy of the state to do all of the following:
(a) Establish and maintain wild trout stocks, which, as
to the extent possible, should be native fish,
in suitable waters of the state that are readily accessible to the
general public as well as in those waters in remote areas.
(b) Establish angling regulations designed to maintain the wild
trout fishery in those waters by natural reproduction.
(c) Discourage artificial planting of hatchery-raised hybrid and
nonnative fish species in wild trout waters or in other areas that
would adversely affect native aquatic and nonaquatic species.
SEC. 8. SEC. 7. Section 1726.1 is
added to the Fish and Game Code, to read:
1726.1. The Legislature further finds and declares all of the
following:
(a) Hatchery production and stocking of California's waters
started over 140 years ago and is an enduring part of California's
history and attempts to steward its natural resources.
(b) Sustainable and adaptive management provides and improves
recreational angling opportunities while protecting and maintaining
native and wild trout fisheries, other species, and their mutual
habitat.
(c) Management of the genetic diversity of California's native
trout species is imperative.
(d) Habitat restoration and the protection of cold water
ecosystems are both of utmost importance to maintaining healthy wild
trout populations, ensuring and promoting angler opportunities, and
the sustainability of the inland trout fishery.
(e) The department shall seek to provide and enhance diverse
recreational angling opportunities in California.
SEC. 9. SEC. 8. Section 1726.4 of
the Fish and Game Code is amended to read:
1726.4. (a) For the purposes of this chapter, "trout" includes
steelhead trout.
(b) The department, in administering its existing wild trout
program, shall maintain an inventory of all California trout streams
and lakes to determine the most suitable angling regulations for each
stream or lake. The department shall determine for each stream or
lake whether it should be managed as a wild trout fishery, or whether
its management should involve the temporary planting of native trout
species to supplement wild trout populations that is consistent with
this chapter. In maintaining the inventory, the department shall
give priority to those streams and lakes that have the highest
biological potential for producing sizeable wild trout, which are
inhabited by rare species, or where the quality of the fishery is
threatened or endangered and take into consideration public use. The
biological and physical inventories prepared and maintained for each
stream, stream system, or lake shall include an assessment of the
resource status, threats to the continued well-being of the fishery
resource, the potential for fishery resource development, and
recommendations, including necessary changes in the allowed take of
trout, for the development of each stream or lake to its full
capacity as a fishery, consistent with the provisions of this
chapter.
(c) This section does not provide any public entity or private
party with any new or additional authority to affect the management
of, or access to, any private land without the written consent of the
owner. Privately owned lakes and ponds not open to the use of the
general public shall be subject to the provisions of this section
only with the written consent of the owner. This chapter shall not be
construed as authorizing or requiring special treatment of adjacent
land areas or requiring land use restrictions. It is the intent of
the Legislature that this chapter should not diminish the existing
authority of the department.
(d) The inventory maintained pursuant to subdivision (b) shall be
publicly available on the department's Internet Web site and shall be
continuously revised with the goal of reviewing every watershed once
per decade.
SEC. 10. SEC. 9. Section 1727 of the
Fish and Game Code is amended to read:
1727. (a) In order to provide for a diversity of available
angling experiences throughout the state, it is the intent of the
Legislature that the commission maintain the existing wild trout
program, and as part of the program, develop additional wild trout
waters in the more than 20,000 miles of trout streams and
approximately 5,000 lakes containing trout in California.
(b) The department shall prepare a list of no less than 25 miles
of stream or stream segments and at least one lake that it deems
suitable for designation as wild trout waters. The department shall
submit this list to the commission for its consideration at the
regular October commission meeting.
(c) The commission may remove any stream or lake that it has
designated as a wild trout fishery from the program at any time. If
any of those waters are removed from the program, an equivalent
amount of stream mileage or an equivalent size lake shall be added to
the wild trout program.
(d) The commission shall, in January of each even-numbered year,
submit a report to the Legislature regarding progress in implementing
the wild trout program described in this chapter. In that report,
the commission shall state its reasons why any stream or lake listed
by the department as suitable for consideration as a wild trout water
was or was not included in the program. The commission shall also
state its reasons for removing and replacing any waters within the
program. The report shall be publicly available on the department's
Internet Web site.
SEC. 11. SEC. 10. Section 1728 of the
Fish and Game Code is repealed.
SEC. 12. SEC. 11. Section 1728 is
added to the Fish and Game Code, to read:
1728. (a) Every five years the department shall update the
Strategic Plan for Trout Management published in November 2003 as
necessary to guide the state's trout management.
(b) The Strategic Plan for Trout Management shall be intended to
ensure all of the following:
(1) Thriving and self-sustaining, wild and native trout
populations throughout their historic ranges.
(2) Providing and improving angling opportunities for wild and
native trout and other trout.
(3) Providing for the conservation of wild and native trout.
(4) Environmental sustainability and overall ecosystem and
watershed health.
(c) The Strategic Plan for Trout Management shall be guided by all
of the following considerations:
(1) Adaptively managing trout populations, including, but not
limited to, stocking practices, to establish thriving and
self-sustaining native and wild trout fisheries in wild trout waters
and, where possible, in other waters.
(2) Increasing angler satisfaction.
(3) Ensuring appropriate age distribution of wild trout when
appropriate.
(4) Establishing ecologically and environmentally sustainable
hatchery and stocking practices for native and wild trout, including,
but not limited to, the following:
(A) Hatchery and stocking practices consistent with this chapter.
(B) Stocking plans shall include consideration of angler
satisfaction and public use of, and access to, the waters for
angling. This may include, but is not limited to, harvest and catch
rates, including, but not limited to, trophy catch rates, the
potential for high angler satisfaction, and where appropriate, put
and grow stocking.
(C) Native trout shall be preferentially stocked when stocking is
employed.
(D) Designing stocking plans to maintain and optimize the genetic
diversity of trout populations and to be consistent with the
direction provided by the Hatchery Independent Science Panel
strategic trout management team .
(E) Stocking plans for species listed in Section 7261 shall not
exceed the documented biological carrying capacity of the water or
ecosystem.
(5) Integrating stakeholder involvement into the planning process.
(6) Monitoring and evaluating management processes through angler
surveys, public meetings coordinated with county fish and game
commissions, or by other means.
(d) The department shall prepare and complete trout management
plans consistent with the Strategic Plan for Trout Management for all
wild trout waters not more than three years following their initial
designation by the commission. The department shall update the
management plan every five years or as necessary following completion
of the initial management plan. The department shall prepare trout
management plans for other waters consistent with the Strategic Plan
for Trout Management as appropriate.
(e) Before implementation, the Strategic Plan for Trout Management
produced by the department shall be reviewed by the strategic trout
management team, the hatchery operations committee, and an ad hoc
peer review committee convened by the department to ensure compliance
with sound management practices, improved genetic diversity, and use
of the best available scientific information.
(e)
(f) The Strategic Plan for Trout Management and plans
completed pursuant to subdivision (d) shall be publicly available on
the department's Internet Web site.
SEC. 13. SEC. 12. Section 1729 is
added to the Fish and Game Code, to read:
1729. (a) Priority shall be given to stocking native
hatchery-produced species in California's waters, where stocking is
determined to be appropriate by the department. Stocking of
hatchery-produced fish is not appropriate in all of California's
waters.
(b) Hatchery-produced trout shall be stocked to support
sustainable angling recreation and promote angler access to trout
fishing, including, but not limited to, urban fisheries.
(c) Hatchery-produced fish listed in Section 7261 shall be marked
whenever feasible.
(c) The department shall annually increase the percentage of
hatchery-produced fish listed in Section 7261 that are marked.
(d) The department may provide outreach and educational materials
to all anglers to promote awareness of environmental sustainability,
ecosystem health, fish genetics, angling opportunities, and fish
population management.
(e) Educational programs utilizing the hatcheries shall be
encouraged.
(f) Except for limited conservation purposes of short-term
duration, all hatchery-produced fish stocked in California's waters
shall be sterile.
(f) The department shall ensure that all trout stocked in waters
of the state for recreational purposes are unable to reproduce
through triploidy or other means, with the exception of fish planted
into brood stock lakes, surplus brood stock planted according to
fishery management decisions, fish planted to supplement waters that
the department has determined to be genetically isolated from native
fish populations, and native trout species produced for recovery and
restoration within their native range.
(g) The department
may develop, conduct, and respond to regular angler preference and
satisfaction surveys. This is not a substitute for a preferred
scientific data collection and monitoring program that would
facilitate adaptive management of California's inland trout
fisheries.
(h) Angling regulations shall be reviewed periodically and
adjusted to ensure consistency with the strategic plan described in
Section 1728.
SEC. 14. Section 1730 is added to the Fish and
Game Code, to read:
1730. (a) The department shall establish the Hatchery Independent
Science Advisory Panel under the guidance of the department's
independent science advisory panel established pursuant to Section
715.
(1) The Hatchery Independent Science Advisory Panel shall consist
of five members appointed by the Governor. The term of office for
members of the panel shall be five years. The terms of the initial
appointments to the panel may be less than five years in order for
the terms of the panel members to be staggered. No more than two
members' terms shall expire in any given calendar year. Members of
the panel shall be prominent scientists with appropriate expertise,
including, but not limited to, genetics and conservation biology.
(2) The mission of the Hatchery Independent Science Advisory Panel
includes all of the following:
(A) To independently review, assess, and provide direction for,
science-based, environmentally sustainable hatchery production plans,
and stocking plans for all state waters within the context of
watershed-wide, ecosystem health-based management of the inland trout
fishery.
(B) To provide long-term strategic direction to the department on
hatchery and wild trout management, including, but not limited to,
any broodstock or captive breeding programs operated for
reintroduction of recovery or rare trout.
(C) To provide oversight of the scientific research, monitoring,
and assessment programs that support hatchery and wild trout programs
through periodic reviews of each of those programs, including all
recommended content in hatchery genetic management plans that may be
established for each facility.
(b) By January 1, 2015, the Hatchery Independent Science Advisory
Panel shall accomplish all of the following:
(1) Relying to the extent feasible on the inventories developed
pursuant to Section 1726.4, the panel shall provide the department
with its recommendations to develop stocking plans for each of
California's individual waters that shall be based on a watershed
approach in order to promote environmental sustainability and
ecosystem health. It is the intent of the Legislature that stocking
plans shall minimize the potential for harm to other native species
through interactions with hatchery-produced fish. It is also the
intent of the Legislature that all stocking plans shall include
reach-dependent trout density goals as well as an analysis of the
expected impacts from angling. The panel may recommend that the
department adopt a classification system that identifies sustainable
fishery management strategies for individual waterways within a
watershed.
(2) The panel shall recommend to the department on the scientific
parameters for a monitoring program to collect sufficient data to
permit science-based assessments that would support adaptive
management of hatchery and stocking programs, including, but not
limited to, allowable angling opportunities.
(3) The panel shall recommend to the department its
recommendations for the content of a fisheries assessment for each of
the species listed in Section 7621. It is the intent of the
Legislature that each fishery will be managed to optimize the health
of the surrounding ecosystem, and stocking goals for any water shall
not exceed an assessment of the biological carrying capacity of the
water. This assessment shall include the consideration of all
relevant biological and nonbiological factors that includes, but is
not limited to, stream flow, water temperature, water quality,
climate change, genetic diversity of the wild trout stock, genetic
diversity of all ecosystem biota, the biological carrying capacity of
the ecosystem, habitat, land use and land management, endemic
disease and pathogens, the presence of any federal or state
threatened or endangered species, restoring and protecting riparian
communities, and restoring the historic range of native trout and
other species.
(c) The Hatchery Independent Science Advisory Panel shall submit
to the director of the department an annual report of its research
and recommendations, including recommendations for any changes in the
programs pursuant to its review, including policy changes to be
considered by the Legislature.
(d) Decisions by the Hatchery Independent Science Advisory Panel
shall be by majority vote.
(e) The department shall respond to all of the Hatchery
Independent Science Advisory Panel's comments publicly.
SEC. 15. SEC. 13. Chapter 7.9
(commencing with Section 1797) is added to Division 2 of the Fish and
Game Code, to read:
CHAPTER 7.9. CONSERVATION BANK AND MITIGATION BANK
APPLICATIONS AND FEES
1797. The Legislature finds and declares as follows:
(a) Mitigation banks and conservation banks provide for the
conservation of important habitats and habitat linkages, take
advantage of economies of scale that are often not available to
individualized mitigation projects, and simplify the state
regulatory compliance process while achieving conservation goals.
(b) The department and other state entities have
authorized authorizes the establishment of
private and public conservation and mitigation banks to
serve an important function of managing the mitigation provided by
private applicants when aquatic or terrestrial mitigation is required
as a condition of a permit from a public agency. Conservation and
mitigation banks provide parcels of land that provide habitat for
specified species. The banks offer credits to those with a mitigation
responsibility associated with a permit granted by a public agency
that requires compensation for impacts to wetlands, threatened or
endangered species, and other sensitive resources. The California
policy on conservation banks was established in 1995 by the Natural
Resources Agency and the California Environmental Protection Agency.
Other mitigation banking policies have been entered into by and
between state agencies and federal wildlife agencies including the
United States Fish and Wildlife Service, the United States Army Corps
of Engineers, and the United States Environmental Protection Agency
that can provide viable consolidated
mitigation for adverse impacts caused by projects. Banks sell habitat
or species credits to project proponents having mitigation
responsibilities that require compensation for impacts to wetlands,
threatened or endangered species, and other sensitive resources. The
state policy on conservation banks was established in 1995 by the
Natural Resources Agency and the California Environmental Protection
Agency .
(c) In 2011, the department and other state and federal agencies,
including the United States Fish and Wildlife Service, the National
Marine Fisheries Service, the United States Army Corps of Engineers,
and the United States Environmental Protection Agency, renewed a
memorandum of understanding for the purpose of jointly establishing a
framework for developing and using combined or coordinated
approaches to mitigation and conservation banking in the state. The
memorandum of understanding includes provisions for the development
and continuous improvement of standardized banking program documents
and guidance. Existing standardized documents identified in the
memorandum of understanding include bank enabling instruments,
conservation easements, long-term management plans, and bank proposal
review checklists, among others.
(c)
(d) The Department of Fish and Game
department has properly excluded from being eligible
as mitigation and conservation banks those lands that are
not suitable to become banks, for reasons that include that the lands
do not support significant biological resources or
that cannot sustain their biological viability are not
biologically viable, are subject to potentially inconsistent uses,
encumbrances, or requirements, or would not meet requirements of
permits or authorizations that require mitigation .
The department has also excluded other lands from eligibility as
mitigation banks, including, but not limited to, lands that are
themselves mitigation for previous projects, lands designated as
parks or open space or set aside by a legal settlement, and lands
acquired by a public entity.
(d) Greater transparency of mitigation and conservation banks is
required to ensure that the mitigation requirements of affected
regulatory programs and permitting decisions are fully met and that
the accounting mechanisms used by mitigation banks to provide for
species are scientifically valid with appropriate public oversight.
The private and public mitigation banks or the private and public
entities to whom credits are sold should fully fund the
administrative and regulatory costs of the Department of Fish and
Game or other public agencies relating to the provision of banks.
(e) The Department of Fish and Game has found that the
establishment and use of conservation and mitigation banks may result
in added ecological benefits and reduced administrative costs over
the more traditional forms of smaller, single-purpose mitigation
projects.
(f) It is the intent of the Legislature to recognize that
mitigation banking and conservation banking are important programs of
the state and provide regulatory efficiencies, environmental
benefits, and economic advantages. Banks have demonstrated their
value and efficacy when properly developed and monitored and are
therefore an important tool in mitigating impacts to resources.
(e) Greater transparency is desired to ensure that mitigation
requirements of regulatory programs, permits, and authorizations are
fully met when employing conservation and mitigation banks, and that
the monitoring of banks to ensure long-term conservation of species
and habitats is scientifically valid.
(f) The private and public mitigation and conservation banks and
the private and public entities to which bank credits are sold should
fully fund the administrative and regulatory costs of the department
in providing banking program services, administration and oversight.
(g) The department has found that the establishment and use of
conservation and mitigation banks may result in added ecological
benefits and reduced administrative costs over the more traditional
forms of smaller, single-purpose mitigation projects.
(h) It is the intent of the Legislature that banking and all other
forms of mitigation for wildlife species comply with regulatory
requirements, are based on the best available scientific information,
can be implemented successfully, and have adequate funding to
achieve mitigation measures and be monitored for compliance and
effectiveness. The Legislature recognizes that mitigation and
conservation banking is important to the state because banks provide
regulatory efficiencies, environmental benefits, and economic
advantages. Properly developed and monitored banks have demonstrated
their value and efficacy and are important tools in mitigating
impacts to resources and in conserving a wide range of habitat lands.
1797.5. For the purposes of this chapter, the following terms
shall have the following meanings:
(a) "Bank" means a conservation bank, mitigation bank, or
conservation and mitigation bank.
(b) "Bank enabling instrument" means a written agreement with the
department regarding the establishment, use, operation, and
maintenance of the bank.
(c) "Bank sponsor" means the person or entity responsible for
establishing and operating a bank.
(d) "Conservation bank" means a publicly or privately owned and
operated site that is to be conserved and managed in accordance with
a written agreement with the department that includes provisions
for the issuance of credits, on which important habitat,
including habitat for threatened, endangered, or other special status
species, exists, has been, or will be created to do any of the
following:
(1) Compensate for take or other adverse impacts of activities
authorized pursuant to Chapter 1.5 (commencing with Section 2050) of
Division 3.
(2) Reduce adverse impacts to fish or wildlife resources from
activities, authorized pursuant to Chapter 6 (commencing with Section
1600) of Division 2, to less than substantial.
(3) Mitigate significant effects on the environment pursuant to
the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code) and Guidelines for
Implementation of the California Environmental Quality Act (Chapter 3
(commencing with Section 15000) of Division 6 of Title 14 of the
California Code of Regulations).
(4) Establish mitigation in advance of any impacts or effects.
(e) "Conservation easement" means a perpetual conservation
easement, as defined by Section 815.1 of the Civil Code, covering the
real property that comprises the bank site.
(f) "Mitigation bank" means either of the following:
(1) A bank site or mitigation bank site as defined by Section
1777.2.
(2) Any publicly or privately owned and operated site, other than
those defined by Section 1777.2, on which wetlands exist, have been,
or will be created, and that is to be conserved and managed in
accordance with a written agreement with the department for any of
the purposes described in paragraphs (1) to (4), inclusive, of
subdivision (d).
(g) "Person" has the meaning set forth in subdivision (b) of
Section 711.2.
(h) "Prospectus" means a written summary of the proposed bank
containing a sufficient level of detail to support informed
department review and comment.
1798. (a) (1) Any person interested in establishing any bank with
the department may elect to submit an optional draft prospectus for
review by the department. Any draft prospectus shall be accompanied
by a draft prospectus review fee of one thousand five hundred dollars
($1,500) to fund the reasonable cost of the department's review
services. The draft prospectus review, while optional, is intended to
identify potential issues early so that the potential bank sponsor
may attempt to address those issues prior to initiating the formal
review process. The draft prospectus is a brief proposal submitted
when scoping the concept of a bank, contemplating pursuing a bank
idea, or for those new to the banking process.
(2) No later than 30 calendar days after the department receives a
draft prospectus and review fee, the department shall make an
initial evaluation of the proposed concept and notify the person who
submitted the draft prospectus of potential issues identified by the
department.
(b) (1) Any person seeking to establish a bank with the department
shall submit a bank prospectus to the department together with a
prospectus review fee of ten thousand dollars ($10,000) to fund the
reasonable cost of the department's review services. If a draft
prospectus and the review fee have been submitted pursuant to
subdivision (a), then the review fee of for
the bank prospectus shall be eight thousand five hundred
dollars ($8,500) so as not to exceed a total fee of ten thousand
dollars ($10,000).
(2) The bank prospectus shall contain at least all of the
following information:
(A) The proposed bank name.
(B) Contact information, including, but not limited to, the bank
sponsor, property owner, and any consultants.
(C) A general location map, address, and identification
of the amount of acreage of the site the
size of the proposed bank in acres .
(D) A 7.5-minute United States Geological Survey map showing
proposed boundaries of the bank.
(E) Color aerial photographs that reflect current conditions on
the site of the proposed bank and surrounding properties.
(F) Description of how the bank will be established and operated,
including, but not limited to, proposed ownership arrangements,
long-term management strategy, and any phases.
(G) Qualifications of bank sponsor.
(H) Any preliminary biological Preliminary
natural resources surveys , including
past, current, and adjacent land uses, vegetation types, and species
information, as well as survey results that can support a finding by
the department that the proposed bank site has suitable habitat
values for a bank that document biotic and abiotic
baseline conditions, including past, current, and adjacent land uses,
vegetation types, species information, topography, hydrology, and
soil types .
(I) Map of proposed bank service areas.
(J) Map depicting other conserved lands in the vicinity of the
proposed bank.
(K) Description of bank objectives that includes how the proposed
bank would contribute to connectivity and ecosystem function.
(L) A current preliminary report covering the site of the proposed
bank that identifies the owner of the fee simple title and shows
the property to be free and clear of any and all
liens , easements, and other encumbrances
that could interfere or conflict with the permanent
protection of the habitat values of the proposed bank
and depicts all relevant property lines, easements, dedications, and
other features .
(M) A declaration of whether or not the proposed bank site has
been or is being used as mitigation, is designated or dedicated for
park or open space use, or designated for purposes that may be
inconsistent with habitat preservation.
(M)
(N) Details of any previous public
funding received for acquisition or restoration of, or other purposes
related to, the proposed bank site.
(c) No later than 30 calendar days after the department receives a
bank prospectus and the prospectus review fee, the department shall
determine whether or not the prospectus is complete and provide
written notice of its determination to the person who submitted the
prospectus. If a prospectus is not complete, it may be made complete
and resubmitted.
(d) If the department determines that the prospectus is complete,
then within 90 calendar days of that determination, the department
shall determine whether or not the prospectus complies with
applicable provisions of this chapter and notify the person who
submitted the prospectus of the determination. The department may
request supplementary clarifying
information during the prospectus review process.
(e) (1) If the department determines that a bank prospectus is
acceptable then a draft bank agreement package may
be submitted in accordance with Section 1798.5.
(2) If the department determines that a bank prospectus is not
acceptable the department shall state the reasons for the
determination. The prospectus may be resubmitted in accordance with
subdivision (a) if further consideration is desired. Any resubmittal
must be accompanied by payment of a new prospectus review fee.
(f) The department may adopt and amend guidelines and criteria for
the purposes of this section pursuant to subdivision (b) of Section
1799.1.
1798.5. (a) (1) If the department determines that a bank
prospectus is acceptable pursuant to Section 1798, the person seeking
to establish the bank may submit a bank agreement package to the
department. Pursuant to subdivision (b) of Section 1799.1, the
department may adopt and amend guidelines and criteria for the bank
agreement package, including, but not limited to, recommended
standard forms for bank enabling instruments or long-term management
plan and conservation easements.
(2) The bank agreement package shall be consistent with the
prospectus and contain at least all of the following information:
(A) The draft bank enabling instrument and all exhibits.
(B) A draft Drafts of the interim
management plan, long-term management plan, bank closure plan, and,
if applicable, a development or construction plan for the bank.
(C) A draft conservation easement , or if potential state
ownership is contemplated by the dep artment, a draft grant
deed .
(D) A map and written description of the proposed bank service
area.
(E) A proposed credit ledger and credit release schedule for the
bank.
(F) A property analysis record or other comparable economic
analysis of the funding necessary to support bank maintenance
activities, such as monitoring and reporting, in perpetuity.
(G) Estimates of financial assurances and proposed forms of
security. Proposed forms of security may be either cash or a letter
of credit.
(H) A phase I environmental site assessment of the site of the
proposed bank dated not more than six months prior to the date the
bank agreement package is submitted to the department. This
assessment shall be performed in accordance with the American Society
of Testing and Materials Standard E1527-05 "Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process" or any successive ATSM standard active at the time of the
assessment.
(b) The department shall collect a fee of twenty-five thousand
dollars ($25,000) per bank agreement package to fund the cost of the
department's review services. The fee shall be collected at the time
the bank agreement package is submitted to the department.
(c) Within 30 calendar days following the department's receipt of
a bank agreement package and fee pursuant to subdivision (a), the
department shall determine whether or not the package is complete and
give written notice of the determination to the person who submitted
the package.
(1) If the department determines that the bank agreement package
is not complete, it may be made complete and resubmitted.
(2) If the department determines that the bank agreement package
is complete, within 90 calendar days of that determination, the
department shall determine whether or not it complies with
applicable provisions of this chapter is acceptable
and notify the person who submitted the package of the
determination. If the department determines that the bank agreement
package is not acceptable, the department shall provide
notice stating state the reasons.
(d) (1) The department may
request supplemental clarifying
information during the bank agreement review process if
either of the following occur: process.
(A) There is new or revised information submitted by the person
seeking to establish the bank or requested by the department as
necessary to adequately describe the proposed bank and its
operations.
(B) Substantial proposed changes to a draft bank agreement
package, including, but not limited to, parties, number or type of
credits, bank size, number or type of species, credit release
schedule, service area, design change, or other substantial changes
as identified by the department.
(2) The department shall assess a fee of seven thousand five
hundred dollars ($7,500) to fund the reasonable cost of the
department's services for new or revised information pursuant to this
subdivision. For review of any substantial change, the department
shall assess a fee of fifteen thousand dollars ($15,000) to fund the
reasonable cost of the department's services.
(3) The department may charge a fee in addition to the fee
specified in paragraph (2) to cover its reasonable costs if either of
the occurrences in paragraph (1) occur after the department
determines the package to be complete.
(4) Upon receipt of any new or revised information or substantial
proposed change, a new 30-day period shall begin during which the
department shall determine the completeness of the bank agreement
package, followed by a new 90-day period for the department to
determine acceptability pursuant to subdivision (c). If
(e) If the department needs supplemental information during its
review of the bank agreement package in order to fully evaluate the
proposed bank, the regional manager or departmental equivalent, or a
higher level department employee, shall provide the person seeking to
establish the bank a written request for the needed information.
Upon the department's receipt of the requested information, a new
90-day period shall begin during which the department shall determine
acceptability pursuant to paragraph (2) of subdivision (c). If the
department does not receive the requested information within 60
calendar days of the department's request, the bank agreement package
will be deemed unacceptable.
(f) If the person seeking to establish the bank proposes
changes to the bank agreement package that have not been solicited by
the department during its 90-day review period, including, but not
limited to, parties, number or type of credits, bank size, number or
type of species, credit release schedule, service area, design
change, or other changes as identified by the department as
necessitating additional review time, the department, acting through
the regional manager or department equivalent, or a higher level
department employee, shall assess a one-time fee of ten thousand
dollars ($10,000) to cover the reasonable cost of the department's
services in reviewing the changes. A new 90-day review period shall
begin upon the department's receipt of the proposed changes and the
associated review fee, during which it will determine acceptability
pursuant to paragraph (2) of subdivision (c).
(g) If the department determines
that 90 days is insufficient time to complete its review of the bank
agreement package for reasons including, but not limited to, the
size, location, or complexity of the bank, that the package includes
a development or construction plan, complexity of the bank agreement
package, or substantial variations from recommended standard forms,
the department may extend the 90-day period for reviewing the bank
agreement package by an additional 60 calendar days.
(e)
(h) If the department determines that a bank agreement
package is not acceptable, then the package may be
resubmitted in accordance with subdivision (a) if further
consideration is desired. Any resubmittal must
shall be accompanied by payment of a new bank agreement
package review fee.
1798.6. (a) Any person seeking to amend any department
approved bank shall submit to the department a complete
bank amendment package containing each of the original bank agreement
package documents , including any prior amendments, as
well as any documents proposed to be amended or that would be
affected by the proposed amendment. The department may adopt and
amend guidelines and criteria for the bank amendment package pursuant
to subdivision (b) of Section 1799.1.
(b) (1) Within 30 calendar days following its receipt of a draft
bank amendment package and any fee required by subdivision (c), the
department shall determine whether or not the package is complete and
give written notice of that determination to the person who
submitted the package.
(2) If the department determines that the bank amendment package
is complete, then within 90 calendar days of that determination, the
department shall determine whether or not the package is acceptable
and notify the person who submitted the package of that
determination. If the bank amendment package is determined not to be
acceptable, the determination shall state the reasons. The department
may request supplemental clarifying
information during the bank amendment review process. The department
may extend the 90-day period for reviewing the bank amendment package
by an addition 60 days if the department determines that 90 days is
insufficient time to complete its review of a bank amendment package
for reasons that may include, but are not limited to, the size,
location, or complexity of the bank or bank amendment documents, that
the package includes a development plan, or that there are
substantial variations from recommended standard forms.
(c) (1) The department shall collect a fee of either
seven thousand five hundred dollars ($7,500) or twenty-five thousand
dollars ($25,000) per bank amendment package to fund the reasonable
cost of the department's review services. The fee shall be
determined by the department based on the complexity of the proposed
amendment. The fee of seven thousand five hundred
dollars ($7,500) is intended to co ver the reasonable cost
of the department's services in reviewing simple amendments, such as
a change in bank name, ownership change, address change, or proposed
decrease in the number of credits proposed. The fee of twenty-five
thousand dollars ($25,000) is intended to cover the reasonable cost
of the department's services in reviewing all other amendments,
including, but not limited to , requests for increase
change in service area, or increase in the number of
credits. A regional manager or department equivalent, or a higher
level department representative employee, shall determine which of
the two fees is appropriate and shall provide notification of that
determination to the person who submitted the request for
bank amendment package pursuant to paragraph (3) .
(2) An initial fee of seven thousand five hundred dollars ($7,500)
shall be submitted to the department with the bank amendment
package.
(3) Within 30 calendar days following the department's receipt of
a bank amendment package and the initial fee, pursuant to paragraph
(2), the department shall determine whether or not the package is
complete and give written notice of the determination to the person
who submitted it along with notice of whether the person shall remit
an additional fee of seventeen thousand five hundred dollars
($17,500).
(4) If the department determines that the bank amendment package
is not complete, the package may be made complete and resubmitted. If
the department determines that the bank amendment package is
complete, then within 90 calendar days of that determination and the
receipt of the additional fee pursuant to paragraph (3), if
applicable, the department shall determine whether or not the bank
amendment package is acceptable and notify the person who submitted
the package of the determination.
(d) (1) If the department determines that the bank amendment
package is not acceptable the determination shall state the reasons.
(2) The department may request supplemental information during the
bank amendment review process if either of the following occur:
(A) There is new or revised information submitted by the person
seeking to amend the bank or requested by the department as necessary
to adequately describe the proposed amended bank and its operations.
(B) Substantial proposed changes to a bank agreement package,
including, but not limited to, parties, number or type of credits,
bank size, number or type of species, credit release schedule,
service area, design change, or other substantial changes as
identified by the department.
(3) The department may charge a fee in addition to the fee
specified in subdivision (c) to cover its reasonable costs if either
of the occurrences in paragraph (2) occur after the department
determines the package to be complete. For review of new or revised
information, the department shall assess a fee of seven thousand five
hundred dollars ($7,500) to fund the reasonable cost of the
department's services. For review of any substantial change, the
department shall assess a fee of fifteen thousand dollars ($15,000)
to fund the reasonable cost of the department's services.
(4) Upon receipt of any new or revised information or substantial
proposed change, a new 30-day period shall begin during which the
department shall determine the completeness of the bank amendment
package, followed by a new 90-day period for the department to
determine acceptability pursuant to subdivision (c). If the
department determines that 90 days is insufficient time to complete
its review of the bank amendment package for reasons including, but
not limited to, the size, location, or complexity of the bank, that
the package includes a development or construction plan, complexity
of the bank amendment package, or substantial variations from
recommended standard forms, the department may extend the 90-day
period for reviewing the bank amendment package by an additional 60
calendar days.
(e) If the department determines that a bank amendment package is
incomplete, then the package may be resubmitted in accordance with
subdivision (a) if further consideration is desired. Any resubmittal
must be accompanied by payment of all applicable bank amendment
package review fees.
(3) Within 30 calendar days following the department's receipt of
a bank amendment package and the initial fee, pursuant to paragraph
(2), the department shall determine whether or not the package is
complete and give written notice of the determination to the person
who submitted it and, if applicable, notice pursuant to paragraph (1)
that the person shall remit an additional fee of seventeen thousand
five hundred dollars ($17,500). If noticed by the department, the
additional fee of seventeen thousand five hundred dollars ($17,500)
shall be submitted to the department within 30 days of the notice. If
the additional fee is not received by this date, the review
timelines in this section shall be suspended until the fee is
received by the department.
(4) If the department determines that the bank amendment package
is not complete, the package may be made complete and resubmitted. If
the department determines that the bank amendment package is
complete, then within 90 calendar days of that determination and the
receipt of the additional fee pursuant to paragraph (3), if
applicable, the department shall determine whether or not the bank
amendment package is acceptable and notify the person who submitted
the package of the determination.
(d) (1) If the department determines that the bank amendment
package is not acceptable the determination shall state the reasons.
(2) The department may request clarifying information during the
bank amendment review process.
(e) If the department needs clarifying information during its
review of the bank amendment package in order to fully evaluate the
proposed amendment, the regional manager or department equivalent, or
a higher level department employee, shall provide the person seeking
to amend the bank, in writing, a written request for the needed
information. Upon the department's receipt of the requested
information, a new 90-day period shall begin during which the
department will determine acceptability pursuant to paragraph (4) of
subdivision (c). If the department does not receive the requested
information within 60 calendar days of the department's request, the
bank amendment package shall be deemed unacceptable.
(f) If the person seeking to amend the bank proposes changes to
the bank amendment package that have not been solicited by the
department during its the department's 90-day review period,
including, but not limited to, parties, number or type of credits,
bank size, number or type of species, credit release schedule,
service area, design change, or other changes as identified by the
department to require additional review time, the department, acting
through the regional manager or department equivalent, or a higher
level department employee, shall assess a one-time fee of ten
thousand dollars ($10,000) to cover the reasonable cost of the
department's services in reviewing the changes. A new 90-day review
period shall begin upon receipt of the proposed changes and the fee,
during which the department shall determine acceptability pursuant to
paragraph (4) of subdivision (c).
(g) If the department determines that 90 days is insufficient time
to complete its review of the bank amendment package for reasons,
including, but not limited to, the size, location, or complexity of
the bank or bank amendment package, that the package includes a
development or construction plan, or substantial variations from
recommended standard forms, the department may extend the 90-day
period for reviewing the bank amendment package by an additional 60
calendar days.
(h) If the department determines that a bank amendment package is
incomplete, then the package may be resubmitted in accordance with
subdivision (a) if further consideration is desired. Any resubmittal
shall be accompanied by payment of all applicable bank amendment
package review fees.
1798.7. A bank prospectus, agreement, or amendment package
submitted to the department, but not approved as of January 1, 2013,
shall be reviewed for completeness or acceptability in accordance
with the timelines provided by this chapter and only after the
department has collected all appropriate fees pursuant to this
chapter.
1799. (a) Until the department has approved a bank, in writing,
and a conservation easement has been recorded on the site, no bank
shall be operative, vested, or final, nor bank credits issued. No
amendment to an approved bank shall be effective without the written
approval of the department.
(b) Following approval of a final bank agreement package and
establishment of a bank, the department shall conduct compliance
review activities as provided in the approved bank enabling
instrument.
(c) (1) The department shall establish and
maintain a database that allows bank sponsors to accurately update
and add information about mitigation and conservation banks. This
data shall be available on the department's Internet Web site or
accessible by a link from the department's Internet Web site
to an appropriate federal or state agency designated
Internet Web site . The available information shall
include, but is not limited to, the total number of each type of bank
credit, the types of credits sold or obligated, the number of
credits sold or obligated, the number of credits applied, the balance
of each type of credit remaining, the status of the species and
habitat at the mitigation or conservation bank,
links to the bank's long-term management plans, and links to the
complete annual monitoring reports required by departmental policy.
(d) (1) The department shall collect fees to pay for all or a
portion of the department's bank implementation and compliance costs.
(2) The department shall collect from the bank sponsor a fee of
two hundred fifty dollars ($250) per each credit sold, to pay for all
or a portion of, the department's reasonable costs of performing
bank implementation and compliance. The per-credit payments shall be
submitted annually at the time of the submission of the bank's annual
report. The department may require the bank to cease selling credits
and may stop credit releases until these fees are paid in full. The
department shall assess a penalty of 10 percent of the amount of fees
due for a failure to remit the amount payable when due.
(2) Information contained in the database created pursuant to
former Chapter 9 (commencing with Section 1850) on January 1, 2011,
shall be incorporated into the database established pursuant to
paragraph (1).
(d) By January 1, 2014, and annually thereafter, the department
shall provide a report to the Legislature. The report shall include
the following information based on data from the previous calendar
year:
(1) Number of new bank applications, prospectuses, bank agreement
packages, and amendments received.
(2) Number of bank applications approved, rejected because not
complete, rejected because not acceptable, and withdrawn.
(3) Name of new or existing bank, geographic location, number of
acres, number of credits approved for each habitat type or species,
and number of credits sold.
(4) An accounting of fees collected pursuant to this chapter.
(5) A statement of whether or not the timelines for bank review in
this chapter were met.
(6) Other information determined by the department to be relevant
in assessing the effectiveness of the department's mitigation and
conservation banking program.
(e) (1) The department shall collect fees to pay for all or a
portion of the department's bank implementation and compliance costs.
(2) The department shall collect a total payment of sixty thousand
($60,000) per bank, apportioned by an amount that equals the ratio
of the number of credits released to the total number of credits in
the bank, and shall be identified in the bank enabling instrument.
Payments shall be due following each credit release no later than the
due date for the submission of the bank's annual report. The
payments shall be submitted following each credit release and no
later than the time of the submission of the bank's annual report.
The department may require the bank to cease selling credits and may
stop credit releases until these fees are paid in full. The
department shall assess a penalty of 10 percent of the amount of fees
due if there is a failure to remit the amount payable when due.
1799.1. (a) The department shall annually adjust the fees in this
chapter pursuant to Section 713.
(b) Moneys received pursuant to this chapter shall be deposited in
a separate dedicated account within the Fish and Game Preservation
Fund and expended for the purposes of this chapter.
(c) The department may shall adopt
and amend guidelines and criteria to implement this chapter. The
department shall develop these guidelines and criteria in
coordination with interested parties, including, but not limited to,
bank sponsors, conservation organizations, and federal and
state bank approving agencies. The guidelines shall incorporate
all relevant documents and program guidance, including, but not
limited to, the 2011 Memorandum of Understanding approved by the
United States Fish and Wildlife Service, the United States Army Corps
of Engineers, and the United States Environmental Protection Agency,
for the purpose of jointly establishing a framework for developing
and using combined or coordinated approaches to mitigation and
conservation banking in California. Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code shall not apply to the development, adoption, or
amendment, of guidelines or criteria pursuant to this section. The
guidelines and criteria shall be posted on the department's Internet
Web site.
(d) Notwithstanding Section 12000, failure to pay any fee pursuant
to this chapter is not a crime.
(d) The costs of a conservation and mitigation banking program,
including, but not limited to, costs incurred by the department
during its guideline adoption and review, approval, establishment,
monitoring, and oversight of banks, shall be reimbursed from revenues
of conservation and mitigation bank application fees imposed
pursuant to Section 711.5.
SEC. 16. Section 2014 of the Fish and Game Code
is amended to read:
2014. (a) It is the policy of this state to conserve its natural
resources and to prevent the willful or negligent destruction of
birds, mammals, fish, reptiles, or amphibia.
The state and those acting as trustees for fish and wildlife may
recover damages in a civil action against any person or local agency
that unlawfully or negligently takes or destroys any wildlife,
including, but not limited to, a bird, mammal, fish, reptile, or
amphibian protected by the laws of this state.
(b) The measure of damages is the amount which will compensate for
all the detriment proximately caused by the destruction of the
birds, mammals, fish, reptiles, or amphibia.
(c) (1) An action to recover damages under this section shall be
brought in the name of the people of the state, in a court of
competent jurisdiction in the county in which the cause of action
arose. The State Water Resources Control Board shall be notified of,
and may join in, any action brought under this section when the
activities alleged to have caused the destruction of any bird,
mammal, fish, reptile, or amphibian may involve either the unlawful
discharge of pollutants into the waters of the state or other
violation of Division 7 (commencing with Section 13000) of the Water
Code.
(2) If after reasonable notice of not less than 60 days, the
department fails to act in its statutory role as parens patriae for
fish and wildlife, a trustee with standing to protect fish and
wildlife may petition and seek damages, injunctive relief, and
appropriate civil penalties in an action before the superior court
with jurisdiction over the take and destruction of wildlife protected
by the laws of this state, provided that damages for fish and
wildlife and the reasonable costs of the department are paid to the
department.
(d) This section does not apply to persons or local agencies
engaged in agricultural pest control, to the destruction of fish in
irrigation canals or works or irrigation drainages, or to the
destruction of birds or mammals killed while damaging crops as
provided by law.
(e) No damages may be recovered against a local agency pursuant to
this section if civil penalties are assessed against the local
agency for the same detriment pursuant to Division 7 (commencing with
Section 13000) of the Water Code.
(f) Any recovery or settlement of money damages, including, but
not limited to, civil penalties, arising out of any civil action
filed and maintained by the Attorney General in the enforcement of
this section shall be deposited by the department in the subaccounts
of the Fish and Wildlife Pollution Account in the Fish and Game
Preservation Fund as specified in Section 13011.
(g) For purposes of this section, "local agency" includes any
city, county, city and county, district, public authority, or other
political subdivision.
SEC. 14. Chapter 9 (commencing with Section 1850)
of Division 2 of the Fish and Game Code is
repealed.
SEC. 17. SEC. 15. Section 2860 of
the Fish and Game Code is amended to read:
2860. (a) The department may regulate commercial and recreational
fishing and any other taking of marine species in MPAs.
(b) Notwithstanding any other provision of this code, the taking
of a marine species in a marine life reserve is prohibited for any
purpose, including recreational and commercial fishing, except that
the department may authorize the taking of a marine species for
scientific purposes, consistent with the purposes of this chapter,
under a scientific collecting permit issued by the department.
SEC. 18. SEC. 16. Section 2861 of
the Fish and Game Code is amended to read:
2861. (a) For purposes of this section, "council" means the
Ocean Protection Council established in Section 35600 of the Public
Resources Code.
(b) The department
council shall, annually until the master plan required by
Section 2853 is adopted and thereafter at least every three
years, receive, consider, and promptly act upon petitions from any
interested party, to add, delete, or modify MPAs, favoring those
petitions that are compatible with the goals and guidelines
advance the ecosystem goals and guidelines of this
chapter, as reflected in subdivisions (b) and (c) of Section
2853 and subdivisions (b) to (e), inclusive, of Section 2857.
(b) The department shall establish a process for external peer
review of the scientific basis for proposed additions, deletions, or
modifications of MPAs, including, but not limited to, any proposed
changes originating in the department.
(c) Prior to consideration of its recommended action on petitions
received to add, delete, or modify MPAs, the department shall convene
a siting workshop in the biogeographical region of the proposed MPA
change, composed of interested parties, to review the alternatives
for MPA modification and to provide advice on a recommended action on
the proposed modification of the MPA. A siting workshop shall not be
required for minor boundary changes.
(c) Prior to final consideration and decision by the council
regarding a petition proposing significant additions, deletions, or
modifications to marine protected areas, the department shall review
the petition. Upon completion of its review, the department shall
provide its recommended action to the council based on the department'
s assessment of whether the modification proposed in the petition
would advance the ecosystem-protection goals and guidelines of this
chapter and the implications for the effective management and
enforcement of MPAs. In preparing that analysis, the department shall
consult with other agencies with responsibility for managing
ocean activities and
coordinating that management, including the Fish and Game Commission,
the Regional Water Quality Control Board of the relevant region, the
Department of Parks and Recreation, the State Lands Commission, the
Coastal Commission and the Ocean Protection Council.
(d) The department, in consultation with the commission, shall
establish a process for scientific peer review of the petition and
the department's recommendation and submit the petition to the
council for review and adoption.
(e) The council shall establish a process for public participation
in the council's decision.
(f) To facilitate the review required by subdivision (c) above and
to further conservation of marine resources under the department's
jurisdiction, the department may establish a unit or division of
ecosystem-based management within the department, using funds within
the department's current budget, with a purpose that includes
advancing the ecosystem protection goals of this chapter. The
director shall determine any additional responsibilities for the unit
or division established pursuant to this subdivision.
(d)
(g) Prior to the adoption of a new MPA or the
modification of an existing MPA that would make inoperative a
statute, the commission council shall
provide a copy of the proposed MPA to the Legislature for review by
the Joint Committee on Fisheries and Aquaculture or, if there is no
such committee, to the appropriate policy committee in each house of
the Legislature.
(e)
(h) Nothing in this chapter restricts any
existing authority of the department or the commission to make
changes the council from actions to improve the
management or design of existing MPAs or designate new MPAs prior to
the completion of the master plan that are consistent with this
chapter . The commission council
may abbreviate the master plan process to account for equivalent
activities that have taken place before enactment of this chapter,
providing that those activities are consistent with this chapter.
SEC. 19. Section 2864 is added to the Fish and
Game Code, to read:
2864. Every seven years, the department shall conduct a review of
the effectiveness of the statewide MPA network as a whole in
achieving the goals of this chapter. The department shall report the
results of the review and any proposals for changes to the MPA
network to the Secretary for Natural Resources in the form required
by the secretary. Any modifications to the MPA network or to an
individual MPA shall be considered pursuant to Section 2861.
SEC. 20. SEC. 17. Section 3031 of
the Fish and Game Code is amended to read:
3031. (a) A hunting license, granting the privilege to take birds
and mammals, shall be issued to any of the following:
(1) A resident of this state, 16 years of age or older, upon the
payment of a base fee of thirty-one dollars and twenty-five cents
($31.25).
(2) A resident or nonresident, who is under 16 years of age on
July 1 of the licensing year, upon the payment of a base fee of eight
dollars and twenty-five cents ($8.25), regardless of whether that
person applies before or after July 1 of that year.
(3) A nonresident, 16 years of age or older, upon the payment of a
base fee of one hundred eight dollars and fifty cents ($108.50).
(4) A nonresident, 16 years of age or older, valid only for two
consecutive days upon payment of the fee set forth in paragraph (1).
A license issued pursuant to this paragraph is valid only for taking
resident and migratory game birds, resident small game mammals,
fur-bearing mammals, and nongame mammals, as defined in this code or
in regulations adopted by the commission.
(5) A nonresident, valid for one day and only for the taking of
domesticated game birds and pheasants while on the premises of a
licensed game bird club, or for the taking of domesticated migratory
game birds in areas licensed for shooting those birds, upon the
payment of a base fee of fifteen dollars ($15).
(b) The base fees specified in this section are applicable to the
2004 license year, and 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. 21. SEC. 18. Section 4006 of
the Fish and Game Code is amended to read:
4006. (a) A trapping license shall be issued as follows:
(1) To any resident of this state over the age of 16 years upon
payment of a base fee of forty-five dollars ($45), as adjusted under
Section 713.
(2) To any resident of this state under the age of 16 years upon
payment of a base fee of fifteen dollars ($15), as adjusted under
Section 713.
(3) To any person not a resident of this state upon payment of a
base fee of two hundred twenty-five dollars ($225), as adjusted under
Section 713.
(b) A license shall not be issued to a nonresident if the state in
which he or she resides does not provide for issuance of a
nonresident trapping license to California residents. Also, a
nonresident issued a license under this subdivision may take only
those species, and may take or possess only that quantity of a
species which a resident of California may take or possess under a
nonresident trapping license or permit in the state of residence of
that nonresident.
(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. 22. SEC. 19. Section 6596 of
the Fish and Game Code is amended to read:
6596. (a) In addition to a valid California sport fishing license
and any other applicable license stamp issued pursuant to this code,
a person taking fish from ocean waters south of a line extending due
west from Point Arguello for purposes other than for profit shall
have a valid sport fishing ocean enhancement stamp permanently
affixed to his or her fishing license. A sport fishing ocean
enhancement stamp shall be issued upon payment of a base fee of three
dollars and fifty cents ($3.50). A sport fishing license issued
pursuant to paragraph (4) or (5) of subdivision (a) of Section 7149
is not subject to this subdivision.
(b) In addition to a valid California commercial passenger fishing
boat license issued pursuant to Section 7920, the owner of any boat
or vessel who, for profit, permits any person to fish therefrom,
south of a line extending due west from Point Arguello, shall have a
valid commercial fishing ocean enhancement stamp issued for that
vessel that has not been suspended or revoked.
(c) Any person who takes, possesses aboard a boat, or lands any
white sea bass for commercial purposes, south of a line extending due
west from Point Arguello, shall have a valid commercial fishing
ocean enhancement stamp issued to that person that has not been
suspended or revoked.
(d) The base fee for a commercial fishing ocean enhancement stamp
is thirty-five dollars ($35).
(e) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
(f) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
(g) The commission shall adjust the amount of the fees specified
in subdivision (f), 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. 23. SEC. 20. Section 6596.1 of
the Fish and Game Code is amended to read:
6596.1. (a) In addition to a valid California sport fishing
license and any other applicable license validation issued pursuant
to this code, a person taking fish from ocean waters south of a line
extending due west from Point Arguello for purposes other than for
profit shall have a valid sport fishing ocean enhancement validation
permanently affixed to his or her fishing license. A sport fishing
ocean enhancement validation shall be issued upon payment of a base
fee of three dollars and fifty cents ($3.50). A sport fishing license
issued pursuant to paragraph (4) or (5) of subdivision (a) of
Section 7149.05 is not subject to this subdivision.
(b) In addition to a valid California commercial passenger fishing
boat license issued pursuant to Section 7920, the owner of any boat
or vessel who, for profit, permits any person to fish therefrom,
south of a line extending due west from Point Arguello, shall have a
valid commercial fishing ocean enhancement validation issued for that
vessel that has not been suspended or revoked.
(c) Any person who takes, possesses aboard a boat, or lands any
white sea bass for commercial purposes south of a line extending due
west from Point Arguello, shall have a valid commercial fishing ocean
enhancement validation issued to that person that has not been
suspended or revoked.
(d) The base fee for a commercial ocean fishing enhancement
validation is thirty-five dollars ($35).
(e) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
(f) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
(g) The commission shall adjust the amount of the fees specified
in subdivision (f), 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. 24. SEC. 21. Section 7149 of
the Fish and Game Code is amended to read:
7149. (a) A sport fishing license granting the privilege to take
any fish, reptile, or amphibia anywhere in this state for purposes
other than profit shall be issued to any of the following:
(1) A resident 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee of thirty-one dollars
and twenty-five cents ($31.25).
(2) A nonresident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee of eighty-four dollars
($84).
(3) A nonresident, 16 years of age or older, for the period of 10
consecutive days beginning on the date specified on the license upon
payment of the fee set forth in paragraph (1).
(4) A resident or nonresident, 16 years of age or older, for two
consecutive designated calendar days, upon payment of half of the fee
set forth in paragraph (1). Notwithstanding Section 1053, more than
one two-day license issued for different two-day periods may be
issued to, or possessed by, a person at one time.
(5) A resident or nonresident, 16 years of age or older, for one
designated day, upon payment of a base fee of ten dollars ($10).
(b) California sport fishing license stamps shall be issued by
authorized license agents in the same manner as sport fishing
licenses, and no compensation may be paid to the authorized license
agent for issuing the stamps except as provided in Section 1055.
(c) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
(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 subdivision (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. 25. SEC. 22. Section 7149.05 of
the Fish and Game Code is amended to read:
7149.05. (a) A sport fishing license granting the privilege to
take any fish, reptile, or amphibia anywhere in this state for
purposes other than profit shall be issued to any of the following:
(1) A resident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee of thirty-one dollars
and twenty-five cents ($31.25).
(2) A nonresident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee of eighty-four dollars
($84).
(3) A nonresident, 16 years of age or older for the period of 10
consecutive days beginning on the date specified on the license upon
payment of the fee set forth in paragraph (1).
(4) A resident or nonresident, 16 years of age or older, for two
designated days, upon payment of half the fee set forth in paragraph
(1). Notwithstanding Section 1053, more than one single day license
issued for different days may be issued to, or possessed by, a person
at one time.
(5) A resident or nonresident, 16 years of age or older, for one
designated day upon payment of a base fee of ten dollars ($10).
(b) California sport fishing license validations shall be issued
by authorized license agents in the same manner as sport fishing
licenses, and no compensation shall be paid to the authorized license
agent for issuing the validations except as provided in Section
1055.1.
(c) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
(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 subdivision (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. 26. SEC. 23. Section 7260 of
the Fish and Game Code is amended to read:
7260. (a) The Legislature finds and declares all of the
following:
(1) California has the greatest biodiversity of native trout
species of any state in the nation. Trout can be found in more than
18,000 miles of California's cooler streams. California's trout are
the principal sport fish in 3,581 cold-water lakes and reservoirs.
(2) Self-sustaining native trout populations in "Heritage Trout
Waters" that retain and promote genetic trout diversity and overall
sustainable watershed and ecosystem environmental health are state
policy.
(b) Funding for "Heritage Trout Waters" is a priority for the
Hatchery and Inland Fisheries Fund.
(c) The commission may designate "Heritage Trout Waters" to
recognize the beauty, diversity, historical significance, and special
values of California's native trout. The commission's designation
shall meet both of the following criteria:
(1) Only waters supporting populations that best exemplify
indigenous strains of native trout within their historic drainages
may qualify for designation.
(2) Only waters providing anglers with an opportunity to catch
native trout consistent with the conservation of the native trout may
qualify for designation.
(3) Any stocking of heritage trout waters shall meet the criteria
established by Chapter 7.2 (commencing with Section 1725) of Division
2.
SEC. 27. SEC. 24. Section 7852 of
the Fish and Game Code is amended to read:
7852. (a) The department shall issue a commercial fishing license
to any resident who is 16 years of age or older, upon payment of a
base fee of ninety-five dollars ($95) for each resident vessel
crewmember or resident vessel operator.
(b) The department shall issue a commercial fishing license to any
nonresident who is 16 years of age or older, upon payment of a base
fee of two hundred eighty-five dollars ($285) for a nonresident
vessel crewmember or nonresident vessel operator.
(c) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
(d) The commission shall adjust the amount of the fees specified
in subdivision (c), as necessary, to fully recover, but not exceed,
all reasonable administrative and implementation costs of the
department and the commission relating to those licenses.
(e) Nothing in this section affects any other provision of law
relating to the employment of minors.
SEC. 28. SEC. 25. Section 7881 of
the Fish and Game Code is amended to read:
7881. (a) Every person who owns or operates a vessel in public
waters in connection with fishing operations for profit in this
state, or who brings fish into this state, or who, for profit,
permits persons to fish therefrom, shall submit an application for
commercial boat registration on forms provided by the department and
shall be issued a registration number.
(b) A commercial boat registration may be issued to any resident
owner or operator of a vessel upon payment of a base fee of two
hundred fifty dollars ($250). The commercial boat registration shall
be carried aboard the vessel at all times, and shall be posted in a
conspicuous place.
(c) A commercial boat registration may be issued to any
nonresident owner or operator of a vessel upon payment of a base fee
of seven hundred fifty dollars ($750). The commercial boat
registration shall be carried aboard the vessel at all times and
shall be posted in a conspicuous place.
(d) If a registered vessel is lost, destroyed, or sold, the owner
of the vessel shall immediately report the loss, destruction, or sale
to the department.
(e) This section does not apply to any person required to be
licensed as a guide pursuant to Section 2536.
(f) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
(g) The commission shall adjust the amount of the fees specified
in subdivision (f), 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. 29. SEC. 26. Section 8032 of
the Fish and Game Code is amended to read:
8032. (a) A commercial fish business license shall be issued
which authorizes any or all activities described in Section 8033,
8034, 8035, or 8036. The annual fee for this license is one thousand
three hundred seventy-three dollars ($1,373).
(b) Specialty licenses for part of, but not all, activities
described in subdivision (a) shall be issued in five classes, as
follows:
(1) Fish receiver's license, issued to any person engaged in the
business of receiving fish as provided in Section 8033.
(2) Marine aquaria receiver's license, issued to any person
engaged in the business of receiving live marine species indigenous
to California waters from a person required to be a licensed
commercial fisherman for the purpose of wholesaling or retailing
those species for pet industry or hobby purposes as provided in
Section 8033.1.
(3) Fish processor's license, issued to any person engaged in the
business of processing fish as provided in Section 8034.
(4) Fish wholesaler's license, issued to any person who is engaged
in the business of wholesaling fish as provided in Section 8035.
(5) Fish importer's license, issued to any person who is engaged
in the business of importing fish as provided in Section 8036.
(c) The commission shall adjust the amount of the fee 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. 30. Section 12000 of the Fish and Game
Code is amended to read:
12000. (a) Except as expressly provided otherwise in this code,
any violation of this code, or of any rule, regulation, or order made
or adopted under this code, is a strict liability offense punishable
as a misdemeanor.
(b) Notwithstanding subdivision (a), any person who violates any
of the following statutes or regulations is guilty of an infraction
punishable by a fine of not less than one hundred dollars ($100) and
not to exceed one thousand dollars ($1,000), or of a misdemeanor:
(1) Section 2009.
(2) Subdivision (a) of Section 6596.
(3) Section 7149.8.
(4) Section 7360.
(5) Sections 1.14, 1.17, 1.18, 1.62, 1.63, and 1.74 of Title 14 of
the California Code of Regulations.
(6) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive,
of Title 14 of the California Code of Regulations.
(7) Sections 27.56 to 30.10, inclusive, of Title 14 of the
California Code of Regulations.
(8) Sections 40 to 43, inclusive, of Title 14 of the California
Code of Regulations.
(9) Sections 307, 308, and 311 to 313, inclusive, of Title 14 of
the California Code of Regulations.
(10) Sections 505, 507 to 510, inclusive, and 550 to 553,
inclusive, of Title 14 of the California Code of Regulations.
(11) Sections 630 to 630.5, inclusive, of Title 14 of the
California Code of Regulations.
SEC. 31. SEC. 27. Section 13007 of
the Fish and Game Code is amended to read:
13007. (a) Notwithstanding Section 13001 and paragraph (1) of
subdivision (a) of Section 13005, commencing July 1, 2006, 331/3
percent of all sport fishing license fees collected pursuant to
Article 3 (commencing with Section 7145) of Chapter 1 of Part 2 of
Division 6, except license fees collected pursuant to Section 7149.8,
shall be deposited into the Hatchery and Inland Fisheries Fund,
which is hereby established in the State Treasury. Moneys in the fund
may be expended, consistent with the Strategic Plan for Trout
Management and Chapter 7.2 (commencing with Section 1725)
of Division 2, and, upon appropriation by the Legislature,
for the purposes of promoting angling opportunities and the
conservation of wild and native trout, and ensuring thriving,
self-sustaining native trout populations throughout their historic
ranges consistent with the Strategic Plan for Trout Management and
Chapter 7.2 (commencing with Section 1725) of Division 2
to support programs of the department related to
management, maintenance, and capital improvement of California's fish
hatcheries, the Heritage and Wild Trout program, and enforcement
activities related thereto, and to support other activities eligible
to be funded from revenue generated by sport fishing license fees
.
(b) The sport fishing license fees collected and subject to
appropriation pursuant to subdivision (a) shall be used for the
following purposes:
(1) For the department's attainment of a state hatchery production
goal of 2.75 pounds of released trout per sport fishing license sold
in the calendar year ending two and one-half years earlier, based on
the sales of the following types of sport fishing licenses:
resident; lifetime; nonresident year; nonresident, 10-day; 2-day;
1-day; and reduced fee. The predominant number of released fish shall
be of catchable size or larger. The department shall attain this
goal in compliance with Fish and Game Commission trout policies
concerning catchable-sized trout stocking , the Strategic Plan
for Trout Management, and Chapter 7.2 (commencing with Section 1725)
of Division 2 .
(2) To the Heritage and Wild Trout Program, at least
two million dollars ($2,000,000), for the following purposes:
(A) At least seven new permanent positions for the Heritage and
Wild Trout Program.
(B) Permanent positions and seasonal aides in each region of the
state as necessary to contribute to the objectives of this section,
the objectives of the Strategic Plan for Trout Management pursuant to
Section 1728, and other activities necessary to the program.
(C) The development of trout management plans pursuant to Chapter
7.2 (commencing with Section 1725) of Division 2.
(D) Up to 25 percent of the funds made available to the Heritage
and Wild Trout Program may be expended for watershed restoration
projects, resource assessment, or scientific inquiry. The department
may enter into contracts with qualified entities including local
governments, special districts, tribes, and nonprofit organizations
for the purposes of this subparagraph.
(3) For the development of the department's Strategic Plan for
Trout Management pursuant to Section 1728.
(4) The department shall ensure that the numbers of native
California trout, as defined in Section 7261, produced are sufficient
to equal or exceed 25 percent of the numbers of trout produced by
the state fish hatcheries to comply with paragraph (1). The native
trout produced in accordance with this paragraph shall support
department efforts to protect and restore cold water ecosystems,
maintain biological diversity, and provide diverse angling
opportunities. Coastal rainbow trout/steelhead produced for
anadromous mitigation purposes shall be excluded from contributing to
the native trout production goals required by this paragraph.
Coastal rainbow trout/steelhead propagated for purposes other than
anadromous mitigation and released into their source watersheds may
be counted toward the 25 percent native trout production goal. Native
trout produced shall be naturally indigenous stocks from their
original source watersheds. Native trout produced may be released
into watersheds other than their original source watershed only if
the released trout will cause no harm to other native trout or other
biota in their original watersheds.
(5) The department may hire additional staff for state fish
hatcheries, in order to comply with this subdivision.
(c) The department may allocate any funds under this section, not
necessary to maintain the minimums specified in paragraphs (1) and
(4) of subdivision (b), and after the expenditure in paragraph (2) of
subdivision (b),
to the Fish and Game Preservation Fund.
(d) The department may utilize federal funds to meet the funding
formula specified in subdivision (a) if those funds are otherwise
legally available for this purpose.
(e) A portion of the moneys subject to appropriation pursuant to
subdivision (a) may be used for the purpose of obtaining
scientifically valid genetic determinations of California native
trout stocks, consistent with the department's Strategic Plan for
Trout Management.
(f) The department may obtain hatchery-produced fish from
privately owned hatcheries located in the state to supplement its own
hatchery production if the targets specified in subdivision (b) are
unmet by state hatcheries in any given calendar year, if all of the
following criteria are satisfied:
(1) The department, following an inspection, determines that the
privately owned hatchery is in compliance with operations,
management, and monitoring standards that are at least as stringent
as those in effect at state hatcheries, in order to minimize the risk
of the spread of disease or invasive species into inland state
waters and fisheries. Prior to stocking of any species in
any of the state's waters, the production facility shall be inspected
and certified to be free of all disease, pathogens, and invasive
species.
(2) The cost per fish or per pound of fish provided by privately
owned hatcheries shall not exceed the cost to the department of state
hatchery fish, calculated equivalently and including transportation
costs. Revenues deposited in the Hatchery and Inland Fisheries Fund
pursuant to subdivision (a) may be used, subject to appropriation in
accordance with this section.
(g) The department, by July 1, 2014, and annually thereafter,
shall report to the fiscal and policy committees in the Legislature
on the implementation of these provisions.
SEC. 32. SEC. 28. Section 65042 of
the Government Code is amended to read:
65042. Every officer, agency, department, or instrumentality of
state government, including, but not limited to, all trustee agencies
as defined in Section 21070 of the Public Resources Code, shall do
all of the following:
(a) Cooperate in the preparation and maintenance of the State
Environmental Goals and Policy Report.
(b) By January 1, 2005, ensure that their entity's functional plan
is consistent with the state planning priorities specified pursuant
to Section 65041.1 and annually demonstrate to the office, and to the
Department of Finance when requesting infrastructure pursuant to
subdivision (a) of Section 13102, how the plans are consistent with
those priorities.
(c) Comply with any request for advice, assistance, information or
other material.
SEC. 29. Section 35615 of the Public
Resources Code is amended to read:
35615. The council shall do all of the following:
(a) (1) Coordinate activities of state agencies that are related
to the protection and conservation of coastal waters and ocean
ecosystems to improve the effectiveness of state efforts to protect
ocean resources within existing fiscal limitations, consistent with
Sections 35510 and 35515.
(2) Establish policies to coordinate the collection, evaluation,
and sharing of scientific data related to coastal and ocean resources
among agencies.
(3) (A) Establish a science advisory team of distinguished
scientists to assist the council in meeting the purposes of this
division. At the request of the council, the science advisory team
may convene to identify, develop, and prioritize subjects and
questions for research or investigation, and review and evaluate
results of research or investigations to provide information for the
council's activities.
(B) The science advisory team shall include scientists from a
range of disciplines that are a part of the council's purview.
(C) The science advisory team shall provide an independent and
timely analysis of reports and studies, identifying areas of
scientific consensus or uncertainty, using the best available science
by drawing on state, national, and international experts.
(D) Scientists selected as members of the science advisory team
shall serve without compensation, except for reimbursement of
expenses and subject to the terms of an existing contract with the
state.
(4) Contract with the California Ocean Science Trust and other
nonprofit organizations, ocean science institutes, academic
institutions, or others that have experience in conducting the
scientific and educational tasks that are required by the council.
(5) Transmit the results of research and investigations to state
agencies to provide information for policy decisions.
(6) Receive, consider, and promptly act upon petitions from any
interested party to add, delete, or modify marine protected areas,
favoring those petitions that advance the ecosystems goals and
guidelines of the Marine Life Protection Act (Chapter 10.5
(commencing with Section 2850) of Division 3 of the Fish and Game
Code) as reflected in subdivisions (b) and (c) of Section 2853 of the
Fish and Game Code and subdivisions (b) to (e), inclusive, of
Section 2857 of the Fish and Game Code.
(6)
(7) Identify and recommend to the Legislature changes
in law needed to achieve the goals of this section.
(b) (1) Identify changes in federal law and policy necessary to
achieve the goals of this division and to improve protection,
conservation, and restoration of ocean ecosystems in federal and
state waters off the state's coast.
(2) Recommend to the Governor and the Legislature actions the
state should take to encourage those changes in federal law and
policy.
SEC. 33. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.