BILL NUMBER: SB 505 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2012
PASSED THE ASSEMBLY AUGUST 31, 2012
AMENDED IN ASSEMBLY JUNE 30, 2011
AMENDED IN SENATE MAY 3, 2011
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, 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. 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 authorize the department, if those goals are not
projected to be met by state hatcheries, and contingent upon a
specified inspection and determination by the department, to contract
with privately owned hatcheries to procure up to 20% of the pounds
of fish necessary to meet the goals. The bill would require a report
required by existing law to contain specified information relating to
the fund.
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) (A) The department, if the production and release goals of
paragraph (1) are not projected to be met by state hatcheries, may
contract with privately owned hatcheries located in the state to
procure up to 20 percent of the pounds of fish necessary to meet
those goals. 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. Revenues
deposited in the Hatchery and Inland Fisheries Fund pursuant to
subdivision (a) may be used, subject to appropriation in accordance
with that subdivision.
(B) The authority provided by this paragraph for the department to
procure fish from a privately owned hatchery is contingent upon a
determination by the department, following an inspection, 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.
(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.
(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.
(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 (4) of subdivision (b), and after the expenditure in paragraph
(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, 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 in compliance with Section 9795 of the Government Code.