Bill Text: CA SB505 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Fish: licenses: trout hatcheries.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2012-09-25 - In Senate. Consideration of Governor's veto pending. [SB505 Detail]

Download: California-2011-SB505-Amended.html

---

BILL NUMBER: SB 505	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 25, 2011

INTRODUCED BY   Senator La Malfa

                        FEBRUARY 17, 2011

   An act  to amend Section 13007 of the Fish and Game Code,
  relating to fish.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 505, as amended, La Malfa. Fish: licenses: trout hatcheries.

   Existing law requires 331/3% 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 in the fund may 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.  
   This bill would require the department to ensure that 20% of the
pounds of fish planted by the department using revenues deposited in
the Hatchery and Inland Fisheries Fund be procured from privately
owned hatcheries located within the state. The bill would require a
report required by existing law to contain specified information
relating to the Hatchery and Inland Fisheries Fund.  
   Existing law authorizes the Fish and Game Commission to issue a
permit, subject to restrictions and regulations that the commission
deems desirable, to a nonprofit organization to construct and operate
an anadromous fish hatchery and prohibits the commission from
issuing a permit unless it determines the nonprofit organization has
the financial capability to successfully construct and operate the
hatchery and will diligently and properly conduct the operation
authorized under the permit. All fish handled under this authority
during the time they are in the hatchery or in the wild are the
property of the state and when in the wild are allowed to be taken
under the authority of a sport or commercial fishing license as
otherwise authorized for wild fish.  
   This bill would state the intent of the Legislature to enact
legislation to address the allocation of fishing license fees and
trout hatcheries. 
   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.    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, upon appropriation by the Legislature, to support
programs of the Department of Fish and Game related to the
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 the following production
goals for  state  hatcheries, 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.

   (A) By July 1, 2007, a minimum of 2.25 pounds of released trout
per sport fishing license sold in 2006, 1.75 pounds of which must be
of catchable size or larger.
   (B) By July 1, 2008, a minimum of 2.5 pounds of released trout per
sport fishing license sold in 2007, 2.0 pounds of which must be of
catchable size or larger.
   (C) By July 1, 2009, and thereafter, a minimum of 2.75 pounds of
released trout per sport fishing license sold in 2008, 2.25 pounds of
which must be of catchable size or larger.
   (D) The department shall attain these goals in compliance with
Fish and Game Commission trout policies concerning catchable-sized
trout stocking. 
   (2) The department shall, by July 1, 2015, ensure that 20-percent
of the pounds of fish planted by the department using revenues
deposited in the Hatchery and Inland Fisheries Fund are procured from
privately-owned hatcheries located within the state. The department
shall attain the 20 percent goal of this paragraph according to the
following schedule:  
   (A) By July 1, 2012, 5 percent.  
   (B) By July 1, 2013, 10 percent.  
   (C) By July 1, 2014, 15 percent.  
   (D) By July 1, 2015, and thereafter, 20 percent.  
   (2) 
    (3)  To the Heritage and Wild Trout Program, two million
dollars ($2,000,000), which shall be used for permanent positions
and seasonal aides in each region of the state as necessary, and
other activities necessary to the program.
   (A) The funds allocated pursuant to this paragraph shall be used
to fund seven new positions for the Heritage and Wild Trout Program.
   (B) In addition to the seven new positions specified in
subparagraph (A), the department may hire seasonal aides in each
region of the state to assist with the operations of the Heritage and
Wild Trout Program. 
   (3) 
    (4)  The department shall, by January 1, 2012, 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 in their original watersheds. The
department shall attain the 25 percent production goal according to
the following schedule:
   (A) By January 1, 2010, 15 percent and at least four species.
   (B) By January 1, 2011, 20 percent and at least four species.
   (C) By January 1, 2012, 25 percent and at least five species.

   (4) 
    (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)  ,
  (2),  and  (3)   (4)  of
subdivision (b), and after the expenditure in paragraph  (2)
  (3)  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 Theme 1 in the executive summary of the
department's Strategic Plan for Trout Management, published November
2003.
   (f)  (1)    The department, by July 1, 
2008   2012  , and annually thereafter, shall
report to the fiscal and policy committees in the Legislature on the
implementation of these provisions. 
   (2) The report shall contain all of the following information:
 
   (A) The combined revenues received by the Hatchery and Inland
Fisheries Fund from all types of sport fishing licenses and the
current balance of the fund.  
   (B) Itemized expenditures from the Hatchery and Inland Fisheries
Fund, including the statutory authority for each expenditure. 

   (C) The total number of fish planted from Hatchery and Inland
Fisheries Fund programs, including the hatcheries from which the fish
were procured.  
   (D) All loans made from the Hatchery and Inland Fisheries Fund,
including the amount, receiving entity, and repayment status of the
loan.  
   (3) A report to be submitted pursuant to this subdivision shall be
submitted pursuant to Section 9795 of the Government Code. 

  SECTION 1.    It is the intent of the Legislature
to enact legislation to address the allocation of fishing license
fees and trout hatcheries.