BILL NUMBER: SB 345 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Berryhill
( Principal coauthor: Assembly Member
Bigelow )
FEBRUARY 24, 2015
An act to amend Section 7149 of 7120 of,
to amend, repeal, and add Sections 7149, 7149.05, and 7233 of, and to
add Section 7122 to, the Fish and Game Code, relating to
sport fishing. fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
SB 345, as amended, Berryhill. Sport fishing: licenses.
The Sport Fishing Stimulus Act of 2015.
(1) Existing law makes it unlawful to take mammals, birds, fish,
reptiles, and amphibians outside of established seasons or to exceed
any bag limit or possession limit established by statute or by
regulations adopted by the Fish and Game Commission. Under existing
law, unless otherwise provided, it is unlawful to possess fish,
reptiles, or amphibians except during the open season where taken and
for 10 days thereafter, and not more than the possession limit
thereof is allowed to be possessed during the period after the close
of the open season. Existing law makes it unlawful for any person to
possess more than one daily bag limit of any fish taken under a sport
fishing license unless authorized by certain regulations adopted by
the commission.
This bill would authorize a charitable organization or nonprofit
organization to possess fish taken under a sport fishing license in
excess of a possession limit established by statute or by regulations
adopted by the commission at any time if the charitable organization
or nonprofit organization was given the fish by a donor
intermediary, as defined, or a person who holds a sport fishing
license and an applicable license tag or tags, the charitable
organization or nonprofit organization has documentation to that
effect, as specified, and the charitable organization or nonprofit
organization retains any tag required to be affixed to a fish in the
manner prescribed in the Fish and Game Code or regulations adopted by
the commission. The bill would authorize a donor intermediary to
possess fish taken under a sport fishing license in excess of a
possession limit if the donor intermediary complies with the same
requirements as a charitable organization or nonprofit organization.
This bill would require the commission to recommend legislation or
adopt regulations to clarify when a possession limit is not violated
by processing into food lawfully taken sport fish.
Existing
(2) Existing law requires every
person 16 years of age or older who takes any fish, reptile, or
amphibian for any purpose other than profit to first obtain a license
for that purpose, with specified exceptions, and to have that
license on his or her person or in his or her immediate possession
when engaged in carrying out any activity authorized by the license.
Existing law requires a resident or a nonresident, 16 years of age or
older, upon payment of a specified fee, to be issued a
sport fishing license for a prescribed period. Existing law requires
the Fish and Game Commission to adjust the amount of the sport
fishing license fees, as prescribed, to fully recover, but not
exceed, all reasonable administrative and implementation costs of the
Department of Fish and Wildlife and the Fish and Game Commission
relating to those licenses. to be issued a sport
fishing license for the period of a calendar year, or, if issued
after the beginning of the year, for the remainder of the year, upon
payment of the base fee of $31.25 for residents and $84
for nonresidents. Existing law provides that these base fees are
applicable to the 2004 license year and requires the fees to be
adjusted annually according to a specified index.
This bill would make nonsubstantive changes in these
provisions. revise those provisions to require, on
January 1, 2018, that a resident or a nonresident, 18 years of age or
older, upon payment of the applicable fee, to be issued a sport
fishing license for the period of 12 consecutive months beginning on
the date specified on the license. The bill would increase the base
fee for residents from $31.25 to $42.50 and would provide that this
base fee is applicable to the 2018 license year.
This bill would require, on January 1, 2018, that a resident or
nonresident, 16 years of age or older and under 18 years of age, to
be issued a junior sport fishing license for the period of 12
consecutive months beginning on the date specified on the license,
upon the payment of a base fee of $8.25. The bill would provide that
this base fee is applicable to the 2018 license year.
Existing law requires a nonresident, 16 years of age or older,
upon payment of the fee applicable for a one-year resident sport
fishing license, to be issued a sport fishing license for a period of
10 consecutive days beginning on the date specified on the license.
Existing law requires a resident or nonresident, 16 years of age or
older, upon payment of 1/2 of the fee applicable for a one-year
resident sport fishing license, to be issued a 2-day sport fishing
license.
On January 1, 2018, this bill would, by increasing the base fee
for a one-year resident sport fishing license, also increase the
required fees for the 10-day nonresident sport fishing license and
the resident and nonresident 2-day sport fishing license, as
prescribed. The bill would provide that the base fees for these
licenses are applicable to the 2018 license year. The bill would also
increase the age of persons eligible for these licenses to 18 years
of age and older.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be
cited, as the Sport Fishing Stimulus Act of 2015.
SEC. 2. The Legislature finds and declares that
California's fisheries and fishing communities have survived through
significant changes in the last decade, including rebuilding fish
stocks, creation of a statewide network of marine protected areas,
and changing ocean climates. If California is to ensure the
sustainability of its fisheries and fishing communities and ports,
and the high-quality seafoods they provide, it is time to invest in
their future.
SEC. 3. Section 7120 of the Fish and
Game Code is amended to read:
7120. It Except as provided in Section
7122, it is unlawful for any person to possess more than one
daily bag limit of any fish taken under a license issued pursuant to
Section 714 or Article 3 (commencing with Section 7145) unless
authorized by regulations adopted by the commission pursuant to
Section 206.
SEC. 4. Section 7122 is added to the
Fish and Game Code , to read:
7122. (a) For the purposes of this section, "donor intermediary"
means a recipient of fish taken under a sport fishing license from a
donor to give to a charitable organization or nonprofit organization.
(b) A donor intermediary may possess fish taken under a sport
fishing license in excess of any possession limit established
pursuant to this code or by regulations adopted by the commission at
any time if the donor intermediary has the documentation described in
subparagraph (A) or (B) of paragraph (2) of subdivision (c) and
complies with paragraph (3) of subdivision (c).
(c) A charitable organization or nonprofit organization may
possess fish taken under a sport fishing license in excess of any
possession limit established pursuant to this code or by regulations
adopted by the commission at any time if all of the following
conditions are met:
(1) The charitable organization or nonprofit organization received
the fish from a donor intermediary or from a person who took the
fish under a sport fishing license.
(2) The charitable organization or nonprofit organization has
either of the following:
(A) A photocopy of the donor's sport fishing license and any
applicable validated tag or tags that has been signed and dated by
the donor confirming the donation. The photocopied license and tag,
stamp, or validation shall be from the current or immediate past
license year.
(B) A signed and dated document confirming the donation that
includes the donor's name, address, sport fishing license number, and
any applicable tag numbers for the species possessed. The license
and tag or tags shall be for the current or immediate past license
year.
(3) The charitable organization or nonprofit organization retains
any tag required to be affixed to the fish in the manner prescribed
in this code or by regulations adopted by the commission.
(d) The documentation required by paragraph (2) of subdivision (c)
shall be made available to the department as described in Section
2012. There is no required format for the documentation. Any written
documentation containing the required information shall be deemed to
comply with this section. A charitable organization or nonprofit
organization shall maintain the documentation described in paragraph
(2) of subdivision (c) for one year from the date of disposal.
SECTION 1. SEC. 5. 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 amphibian
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 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 one-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 a sport fishing
license, and no compensation may
shall not 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.
(f) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 6. Section 7149 is added to the
Fish and Game Code , to read:
7149. (a) A sport fishing license granting the privilege to take
any fish, reptile, or amphibian anywhere in this state for purposes
other than profit shall be issued to any of the following:
(1) A resident, 18 years of age or older, for the period of 12
consecutive months beginning on the date specified on the license,
upon payment of a base fee of forty-two dollars and fifty cents
($42.50).
(2) A nonresident, 18 years of age or older, for the period of 12
consecutive months beginning on the date specified on the license,
upon payment of a base fee of eighty-four dollars ($84).
(3) A resident or nonresident, 16 years of age or older and under
18 years of age, for the period of 12 consecutive months beginning on
the date specified on the license, upon the payment of a base fee of
eight dollars and twenty-five cents ($8.25). A license issued
pursuant to this paragraph shall be known as a junior sport fishing
license.
(4) A nonresident, 18 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).
(5) A resident or nonresident, 18 years of age or older, for two
consecutive designated calendar days, upon payment of one-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.
(6) A resident or nonresident, 18 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 compensation shall not 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) (1) The base fees specified in paragraphs (2) and (6) of
subdivision (a) are applicable to the 2004 license year, and shall be
adjusted annually thereafter pursuant to Section 713.
(2) The base fees specified in paragraphs (1) and (3) of
subdivision (a) are applicable to the 2018 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.
(f) This section shall become operative on January 1, 2018.
SEC. 7. 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 amphibian
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 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 one-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 not
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.
(f) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 8. Section 7149. 05 is added to
the Fish and Game Code , to read:
7149.05. (a) A sport fishing license granting the privilege to
take any fish, reptile, or amphibian anywhere in this state for
purposes other than profit shall be issued to any of the following:
(1) A resident, 18 years of age or older, for the period of 12
consecutive months beginning on the date specified on the license,
upon payment of a base fee of forty-two dollars and fifty cents
($42.50).
(2) A nonresident, 18 years of age or older, for the period of 12
consecutive months beginning on the date specified on the license,
upon payment of a base fee of eighty-four dollars ($84).
(3) A resident or nonresident, 16 years of age or older and under
18 years of age, for the period of 12 consecutive months beginning on
the date specified on the license, upon the payment of a base fee of
eight dollars and twenty-five cents ($8.25). A license issued
pursuant to this paragraph shall be known as a junior sport fishing
license.
(4) A nonresident, 18 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).
(5) A resident or nonresident, 18 years of age or older, for two
designated days, upon payment of one-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.
(6) A resident or nonresident, 18 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 compensation shall not 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) (1) The base fees specified in paragraphs (2) and (6) of
subdivision (a) are applicable to the 2004 license year, and shall be
adjusted annually thereafter pursuant to Section 713.
(2) The base fees specified in paragraphs (1) and (3) of
subdivision (a) are applicable to the 2018 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.
(f) This section shall become operative on January 1, 2018.
SEC. 9. Section 7233 is added to the
Fish and Game Code , to read:
7233. The commission shall recommend legislation or adopt
regulations to clarify when a possession limit is not violated by
processing into food lawfully taken sport fish.