Bill Text: CA SB345 | 2015-2016 | Regular Session | Amended

---

Bill Title: The Sport Fishing Stimulus Act of 2015.

Spectrum: Moderate Partisan Bill (Republican 9-2)

Status: (Failed) 2016-11-30 - From Assembly without further action. [SB345 Detail]

Download: California-2015-SB345-Amended.html

---

BILL NUMBER: SB 345	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 2, 2015
	AMENDED IN SENATE  MAY 5, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Berryhill
   (Principal coauthor: Assembly Member Bigelow)
   (Coauthors: Senators Fuller, Galgiani, and Stone)
   (Coauthors: Assembly Members Travis Allen, Dahle, Gray, Jones,
 and Mathis   Mathis,   and Olsen 
)

                        FEBRUARY 24, 2015

   An act to amend Section 7120 of, to amend, repeal, and add
 Sections 7149 and   Section  7149.05 of,
and to add Sections 7122 and 7233 to, the Fish and Game Code,
relating to fish and wildlife.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 345, as amended, Berryhill. 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.
   (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, 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.   the
applic   able fee.  
   This bill would revise those provisions to require, on January 1,
2018, and until January 1, 2023, 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, and until January 1,
2023, that a resident or nonresident, 16 years of age or older and
under 18 years of age at the time of issuance of the license, to be
issued a junior sport fishing license for the period of  12
consecutive months beginning on the date specified on the license,
  a calendar year, or, if issued after the beginning of
the year, for the remainder of the year,  upon payment of the
fee applicable for a one-day fishing license.  The bill would
also increase from January 1, 2018, until January 1, 2023, the age of
persons eligible for a nonresident 10-day sport fishing license and
a resident and nonresident one-day and 2-day sport fishing license
from 16 years of age or older to 18 years of age and older. 

   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, and until January 1, 2023, 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: 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 seafood 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.  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 have 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.

  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 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, 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 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) 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 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).
   (4) 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.
   (5) A resident or nonresident, 18 years of age or older, for one
designated day, upon payment of a base fee of ten dollars ($10).
   (6) A resident or nonresident, 16 years of age or older and under
18 years of age at the time of issuance of the license, for the
period of 12 consecutive months beginning on the date specified on
the license, upon payment of the fee set forth in paragraph (5). A
license issued pursuant to this paragraph shall be known as a junior
sport fishing license and shall remain valid for 12 consecutive
months beginning on the date specified on the license regardless of
whether the person issued the license will become older than 18 years
of age during that 12 month period.
   (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 (5) of
subdivision (a) are applicable to the 2004 license year, and shall be
adjusted annually thereafter pursuant to Section 713.
   (2) The base fee specified in paragraph (1) of subdivision (a) is
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, and
shall remain in effect only until January 1, 2023, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2023, deletes or extends that date. 

  SEC. 7.    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, 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 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 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) 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 become operative on January 1, 2023.

   SEC. 8.   SEC. 5.   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 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, 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 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. 9.   SEC. 6.   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,   a calendar year,   or, if issued
after the beginning of the  year, for the remainder thereof,
 upon payment of a base fee of  forty-two dollars and
fifty cents ($42.50).     thirty-one dollars
and twenty-five cents ($31.25). 
   (2) A nonresident, 18 years of age or older, for the period of
 12 consecutive months beginning on the date specified on the
license,     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, 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).
   (4) 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.
   (5) A resident or nonresident, 18 years of age or older, for one
designated day upon payment of a base fee of ten dollars ($10).
   (6) A resident or nonresident, 16 years of age or older and under
18 years of age at the time of issuance of the license, for the
period of  12 consecutive months beginning on the date
specified on the license,     a  
calendar year, or, if issued after the beginning of the year, for the
remainder thereof,  upon payment of the fee set forth in
paragraph (5). A license issued pursuant to this paragraph shall be
known as a junior sport fishing license and shall remain valid for
 12 consecutive months beginning on the date specified on the
license   the calendar year  regardless of whether
the person issued the license will become older than 18 years of age
during  that 12 month period.   the calendar
year. 
   (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 (5) of subdivision (a)
  this section  are applicable to the 2004 license
year, and shall be adjusted annually thereafter pursuant to Section
713. 
   (2) The base fee specified in paragraph (1) of subdivision (a) is
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, and
shall remain in effect only until January 1, 2023, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2023, deletes or extends that date.
   SEC. 10.   SEC. 7.   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, 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 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 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 become operative on January 1, 2023.
   SEC. 11.   SEC. 8.   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.