Bill Text: CA AB2402 | 2011-2012 | Regular Session | Chaptered
Bill Title: Department of Fish and Game: Fish and Game Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-25 - Chaptered by Secretary of State - Chapter 559, Statutes of 2012. [AB2402 Detail]
Download: California-2011-AB2402-Chaptered.html
BILL NUMBER: AB 2402 CHAPTERED
BILL TEXT
CHAPTER 559
FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2012
APPROVED BY GOVERNOR SEPTEMBER 25, 2012
PASSED THE SENATE AUGUST 31, 2012
PASSED THE ASSEMBLY AUGUST 31, 2012
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE AUGUST 21, 2012
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JULY 3, 2012
AMENDED IN SENATE JUNE 20, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 18, 2012
INTRODUCED BY Assembly Member Huffman
FEBRUARY 24, 2012
An act to amend Sections 37, 39, 700, 1002, 1002.5, 2089.4, 2099,
2536, 2540, 3031.2, 6651, 7149.8, and 8598.3 of, to add Sections
13.5, 33, 43, 702.1, 703.3, 703.5, 715, 1020, 12028, and 13205 to,
and to add Article 7 (commencing with Section 1225) to Chapter 3 of
Division 2 of, the Fish and Game Code, to amend Section 12805 of the
Government Code, and to amend Section 4800 of the Labor Code,
relating to fish and wildlife resources, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2402, Huffman. Department of Fish and Game: Fish and Game
Commission.
(1) Existing law establishes the Department of Fish and Game and
the Fish and Game Commission and sets forth the powers and duties of
that department and commission.
This bill would make legislative findings and declarations
regarding the development of a strategic vision for the department
and the commission pursuant to Chapter 424 of the Statutes of 2010.
The bill would require the department and the commission to develop a
strategic plan to implement proposals arising from the strategic
vision, any legislation enacted relating to the strategic vision
process, and the department's own proposals for reform. The bill
would authorize the department and the commission to contract for
consultants to assist in the preparation of the strategic plan.
The bill would make specified statements of policy relating to the
use of ecosystem-based management, adaptive management, and credible
science, as defined, and to department and commission partnerships,
collaborations, and coordination with other entities.
The bill would rename the department as the Department of Fish and
Wildlife, and would make related changes, including changing the
name of the director to the Director of Fish and Wildlife. The bill
would prohibit existing supplies, forms, insignias, signs, logos,
uniforms, or emblems from being destroyed or changed as a result of
changing the name of the department, and would require their
continued use until exhausted or unserviceable.
The bill would require the director, in consultation with the
Natural Resources Agency, to establish a prescribed formal program,
and would authorize it to be called the Science Institute, to assist
the department and commission in obtaining independent scientific
review, advice, and recommendations to help inform the scientific
work of the department and commission.
The bill would authorize the department to enter into agreements
to accept funds, services, or to assist the department in its efforts
to secure long-term private funding sources for purposes relating to
conservation programs, projects, and activities by the department,
as specified.
(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 licenses, stamps, permits, and tags. Under existing
law, the department issues scientific collecting permits, lifetime
hunting licenses, guide licenses, abalone report cards, kelp
harvester licenses, and marine aquaria collector's permits, and
existing law establishes base fees for those entitlements, adjusted
annually pursuant to the index.
This bill would require the commission to adjust the amount of the
fees for lifetime hunting licenses, guide licenses, abalone report
cards, kelp harvester licenses, and marine aquaria collector's
permits, as necessary, to fully recover, but not exceed, all
reasonable administrative and implementation costs of the department
and the commission relating to those licenses or permits. The bill
would revise the scientific collecting permit provisions to extend
the general permit period from 24 to 36 months, to add an application
fee, and increase the permit fee from $30 to $300. The bill would
also revise special student permit provisions for collegiate or
commercial fishing class students to add an application fee of $25
and increase the permit fee from $10 to $50. The bill would delete an
existing nonresident permit. The bill would authorize the department
to adjust the amount of the fees for scientific collecting permits
and special student permits as necessary, to fully recover, but not
exceed, all reasonable administrative and implementation costs of the
department relating to those permits.
(3) 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.
The bill would require the department, on or before January 1,
2016, to prepare and submit to the relevant policy and fiscal
committees of the Legislature a feasibility study report on an
electronic system to manage citations issued by fish and game
wardens, exchange information on citations with the courts, and
transfer data on court dispositions to the Automated License Data
System.
(4) Existing law requires, unless otherwise provided, that all
money collected under the provisions of the Fish and Game Code and of
any other law relating to the protection and preservation of birds,
mammals, fish, reptiles, or amphibia be paid into the State Treasury
to the credit of the Fish and Game Preservation Fund.
This bill would provide that moneys collected or received from
gifts or bequests, or from municipal or county appropriations, or
donations for purposes relating to conservation programs, projects,
and activities by the department are to be deposited in the State
Treasury to the credit of the fund and used for prescribed purposes.
(5) Existing law establishes specific accounts within the fund,
including, but not limited to, the Big Game Management Account, and
the department has established other accounts within the fund.
This bill would require the Augmented Deer Tags Account, Bighorn
Sheep Permit Account, and Wild Pig Account within the fund to be
consolidated and any remaining funds in these accounts transferred to
the Big Game Management Account. The bill would require the
department, after consultation with the Department of Finance and the
Legislative Analyst's Office, to provide recommendations to the
Legislature for consolidation of additional dedicated accounts within
the fund if, in the determination of the department, consolidation
would serve to reduce administrative costs to the department and
enhance its ability to meet current needs, while still preserving the
stated purposes of the dedicated accounts.
(6) Existing law establishes the Renewable Energy Resources
Development Fee Trust Fund (the development fee trust fund) as a
continuously appropriated fund in the State Treasury to serve, and be
managed, as an optional, voluntary method for developers or owners
of eligible projects, as defined, to deposit fees sufficient to
complete mitigation actions established by the department and thereby
meet their requirements pursuant to California Endangered Species
Act (CESA) or the certification authority of the State Energy
Resources Conservation and Development Commission. Existing law
requires that a specified sum of money be transferred, as a loan,
from the Renewable Resource Trust Fund to the development fee trust
fund and be repaid from the development fee trust fund to the
Renewable Resource Trust Fund no later than December 31, 2012.
This bill would make an appropriation by extending the date of
repayment of this loan to December 31, 2013.
(7) Existing law governing workers' compensation provides that
whenever any member of the Department of Justice falling within the
"state peace officer/firefighter" class or when a harbor police
officer employed by the San Francisco Port Commission, as described,
is disabled by injury arising out of and in the course of his or her
duties, he or she shall become entitled, regardless of his or her
period of service to a leave of absence while so disabled without
loss of salary, in lieu of disability payments, for a period not
exceeding one year.
This bill would apply those provisions to a law enforcement
officer employed by the department.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) In 2010, the Legislature passed and the Governor signed
Assembly Bill 2376 (Ch. 424, Stats. 2010), 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 of Fish and Game and the Fish and Game 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. The process is still underway and
a final report is due to the Legislature by June 2012.
(d) The policy chairs of the committees of the Legislature with
subject matter jurisdiction shall consider proposed legislation to
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. The proposed legislation may be amended from
time to time to reflect additional recommendations as the stakeholder
and blue ribbon commission process and final reports of the
executive committee are completed.
SEC. 2. It is the intent of the Legislature that investments in
habitat protection and restoration made as part of compensatory
mitigation to retain and enhance biological values for listed species
are perpetual and supported with long-term management. To extend the
conservation benefits derived from these investments to public
lands, it is the further intent of the Legislature that the
department work with the federal Bureau of Land Management and
interested stakeholders to develop a viable solution that will ensure
durable mitigation and protection of mitigation lands on federal
lands in perpetuity.
SEC. 3. Section 13.5 is added to the Fish and Game Code, to read:
13.5. "Adaptive management," unless otherwise specified in this
code, means management that improves the management of biological
resources over time by using new information gathered through
monitoring, evaluation, and other credible sources as they become
available, and adjusts management strategies and practices to assist
in meeting conservation and management goals. Under adaptive
management, program actions are viewed as tools for learning to
inform future actions.
SEC. 4. Section 33 is added to the Fish and Game Code, to read:
33. "Credible science" means the best available scientific
information that is not overly prescriptive due to the dynamic nature
of science, and includes the evaluation principles of relevance,
inclusiveness, objectivity, transparency, timeliness, verification,
validation, and peer review of information as appropriate. Credible
science also recognizes the need for adaptive management, as defined
in Section 13.5, as scientific knowledge evolves.
SEC. 5. Section 37 of the Fish and Game Code is amended to read:
37. "Department" means the Department of Fish and Wildlife.
SEC. 6. Section 39 of the Fish and Game Code is amended to read:
39. "Director" means the Director of Fish and Wildlife.
SEC. 7. Section 43 is added to the Fish and Game Code, to read:
43. "Ecosystem-based management" means an environmental
management approach relying on credible science, as defined in
Section 33, that recognizes the full array of interactions within an
ecosystem, including humans, rather than considering single issues,
species, or ecosystem services in isolation.
SEC. 8. Section 700 of the Fish and Game Code is amended to read:
700. (a) There is in the Natural Resources Agency a Department of
Fish and Wildlife administered through the director.
(b) The Department of Fish and Wildlife shall succeed to, and is
vested with, all the duties, powers, purposes, responsibilities,
property, and jurisdiction previously vested in the Department of
Fish and Game.
(c) Whenever the term "Department of Fish and Game" appears in a
law, the term means the "Department of Fish and Wildlife."
(d) No existing supplies, forms, insignias, signs, logos,
uniforms, or emblems shall be destroyed or changed as a result of
changing the name of the Department of Fish and Game to the
Department of Fish and Wildlife, and those materials shall continue
to be used until exhausted or unserviceable.
SEC. 9. Section 702.1 is added to the Fish and Game Code, to read:
702.1. (a) The department, on or before January 1, 2016, shall
prepare and submit to the relevant policy and fiscal committees of
the Legislature a feasibility study report on an electronic system to
manage citations issued by fish and game wardens, exchange
information on citations with the courts, and transfer data on court
dispositions to the Automated License Data System.
(b) (1) Pursuant to Section 10231.5 of the Government Code, the
requirement for submitting a report pursuant to subdivision (a) shall
become inoperative on January 1, 2017.
(2) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 10. Section 703.3 is added to the Fish and Game Code, to
read:
703.3. It is the policy of the state that the department and
commission use ecosystem-based management informed by credible
science in all resource management decisions to the extent feasible.
It is further the policy of the state that scientific professionals
at the department and commission, and all resource management
decisions of the department and commission, be governed by a
scientific quality assurance and integrity policy, and follow
well-established standard protocols of the scientific profession,
including, but not limited to, the use of peer review, publication,
and science review panels where appropriate. Resource management
decisions of the department and commission should also incorporate
adaptive management to the extent possible.
SEC. 11. Section 703.5 is added to the Fish and Game Code, to
read:
703.5. It is the policy of the state as follows:
(a) That the department and the commission seek to create,
foster, and actively participate in effective partnerships and
collaborations with other agencies and stakeholders to achieve shared
goals and to better integrate fish and wildlife resource
conservation and management with the natural resource management
responsibilities of other agencies.
(b) That the department and commission participate in interagency
coordination processes that facilitate consistency and efficiency in
review of projects requiring multiple permits, including, but not
necessarily limited to, joint state, federal, and local permit review
teams that enable early consultation with project applicants, and
provide improved sharing of data, information, tools, and science to
achieve better alignment of planning, policies, and regulations
across agencies.
SEC. 12. Section 715 is added to the Fish and Game Code, to read:
715. (a) The director, in consultation with the Natural Resources
Agency, shall establish a formal program, which may be called the
Science Institute, to assist the department and commission in
obtaining independent scientific review, and recommendations to help
inform the scientific work of the department and the commission. The
program shall include one or more ad hoc independent scientific
committees consisting of independent scientists who are scientific
experts in their fields with expertise in biological sciences and
with a range of multidisciplinary expertise pertinent to the work of
the department and the commission, and which may be convened pursuant
to this section. The purpose of the program shall be to assist the
department and the commission in obtaining and establishing an
independent and objective view of the scientific issues underlying
important policy decisions.
(b) The objectives of the program shall include, but not
necessarily be limited to, the following:
(1) Providing independent scientific guidance of the scientific
research, monitoring, and assessment programs that support the
department's and the commission's work with fish and wildlife species
and their habitats.
(2) Providing the best available independent scientific
information and advice to guide and inform department and commission
decisions.
(3) Promoting and facilitating independent scientific peer review.
(4) Promoting science-based adaptive management.
(5) Ensuring scientific integrity and transparency in
decisionmaking.
(c) The department may consult with members of the ad hoc
scientific committees to assist the department in identifying other
independent scientific experts with specialized expertise as needed
for independent peer review of department reports, including, but not
limited to, status review reports prepared for purposes of informing
decisions on petitions for listing of species under the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3).
(d) The department shall consult with independent scientific
advisors to develop and revise as necessary a scientific integrity
policy to guide the work of the department and the commission. The
scientific integrity policy may include, but is not necessarily
limited to, an ethical code of conduct for department scientists,
standards for independent peer review, and other best practices for
ensuring scientific integrity and public confidence in department and
commission work products and decisions.
(e) For marine fisheries and other marine resources, the
department may utilize the California Ocean Science Trust for the
purposes of this section.
SEC. 13. Section 1002 of the Fish and Game Code is amended to
read:
1002. (a) The department may issue permits, subject to
restrictions and regulations that the department determines are
desirable, to take or possess, in any part of the state, for
scientific, educational, or propagation purposes, mammals, birds and
the nests and eggs thereof, fish, amphibians, reptiles, or any other
form of plant or animal life.
(b) The department may issue a permit that is valid for 36 months
from the date of issuance on the payment of a nonrefundable
application fee of one hundred dollars ($100) and a permit fee of
three hundred dollars ($300), as adjusted under Section 713.
(c) Notwithstanding subdivision (b), the department may issue a
permit without fee that is valid for 12 months from the date of
issuance to authorize only the banding of birds and the exhibition of
live or dead wildlife specimens by public zoological gardens,
scientific, or educational institutions.
(d) (1) The department may issue a special student permit that is
valid for 12 months from the date of issuance on the payment of a
nonrefundable application fee of twenty-five dollars ($25) and a
permit fee of fifty dollars ($50), as adjusted under Section 713, to
any student in a school of collegiate level or a commercial fishing
class who is required by an instructor to collect specimens used in
laboratory work in the school under supervision and in connection
with a course in wildlife research or in the conduct of wildlife
investigations and studies on behalf of the public.
(2) All fish taken under permit for a commercial fishing class
student shall be taken in accordance with state law, except that
Sections 7850, 7880, and 7881 do not apply. All fish taken under a
permit for a commercial fishing class student may be sold only to a
person licensed to receive fish from commercial fishermen as provided
in Section 8032 or 8033 or donated to a charitable institution. All
funds received from the sale of the fish shall be used solely for the
support of commercial fishing classes.
(e) It is not necessary for the holder of the permit to have a
sport fishing or hunting license to collect any fish, amphibian,
reptile, aquatic animal or plant, bird, or mammal for scientific,
educational, or propagation purposes in this state.
(f) Nothing in this section authorizes any act which violates
Section 597 of the Penal Code.
(g) A permit under this section does not authorize the taking of
fish or mammals from the ocean waters of this state which are within
the boundaries of any city if the city has filed with the department
an objection to the taking.
(h) The adjustment of the nonrefundable application fee and permit
fees pursuant to Section 713 that are specified in subdivisions (b)
and (d) shall be applicable to permits issued on or after January 1,
2013.
(i) The department, by regulation, may adjust the amount of the
fees specified in subdivisions (b) and (d) as necessary to fully
recover, but not exceed, all reasonable administrative and
implementation costs of the department relating to those permits.
(j) No permit under this section is required for species listed as
threatened or endangered pursuant to the California Endangered
Species Act, when an entity holds a valid permit or memorandum of
understanding for the subject species and the proposed activities,
issued pursuant to Section 2081.
(k) No permit under this section is required for fully protected
species listed in Section 3511, 4700, 5050, or 5515 if the entity
holds a valid memorandum of understanding issued by the department
for the subject species and proposed activities, in accordance with
the respective section.
(l) A permit or amendment issued pursuant to Section 1002 is not
transferable between individuals or entities.
(m) If a permitholder fails to submit information or reports
required in a permit, the department shall revoke an existing permit,
and may decline to issue a permit to that person or entity in
subsequent years.
SEC. 14. Section 1002.5 of the Fish and Game Code is amended to
read:
1002.5. (a) The department may issue a permit pursuant to Section
1002 to an appropriate public, private, or nonprofit entity, or a
person, as determined by the department, in the name of a principal
scientific investigator or the permitted entity or person.
(b) The department may approve individual temporary employees or
volunteers to work under the permit, after receiving notification
from the permittee. The permittee shall have adequate supervision
over any temporary employees or volunteers approved to work under the
permit.
(c) A permittee that allows a temporary employee or volunteer to
work under a permit without approval from the department in
accordance with this section is subject to Section 12000.
(d) The department shall charge a fee pursuant to subdivision (b)
of Section 1002 for the issuance of a permit authorized by this
section. If the department determines that the costs to issue a
permit authorized by this section are greater than the costs to issue
a permit pursuant to Section 1002, the department may charge a
permit fee in an amount that is greater than the amount imposed by
subdivision (b) of Section 1002 to recover those additional costs.
(e) The department may amend a permit issued under this section,
including, but not limited to, the addition or removal of individual
temporary employees or volunteers working under the permit, on the
payment of a nonrefundable application fee of one hundred dollars
($100), as adjusted under Section 713 or regulations adopted by the
department.
SEC. 15. Section 1020 is added to the Fish and Game Code, to read:
1020. (a) The department and the commission shall develop a
strategic plan to implement proposals arising from any of the
following:
(1) The strategic vision developed and submitted to the Governor
and the Legislature pursuant to Section 12805.3 of the Government
Code.
(2) Any legislation enacted relating to the strategic vision
process.
(3) The department's own proposals for reform.
(b) (1) The department and the commission may contract for
consultants to assist in the preparation of the strategic plan
pursuant to subdivision (a).
(2) Contracts entered into pursuant to paragraph (1) shall
terminate no later than December 31, 2015.
(3) Contracts entered into pursuant to paragraph (1) shall be
exempt from Part 2 (commencing with Section 10100) of Division 2 of
the Public Contract Code.
SEC. 16. Article 7 (commencing with Section 1225) is added to
Chapter 3 of Division 2 of the Fish and Game Code, to read:
Article 7. Nonprofit Partnerships
1225. All moneys collected or received from gifts or bequests, or
from municipal or county appropriations or donations for purposes
relating to conservation programs, projects, and activities by the
department shall be deposited in the State Treasury to the credit of
the Fish and Game Preservation Fund. All moneys deposited pursuant to
this section shall be used for purposes relating to conservation
programs, projects, and activities by the department.
1226. (a) The department may enter into one or more agreements to
accept funds from any person, nonprofit organization, or other
public or private entity for purposes relating to conservation
programs, projects, and activities by the department. Any funds
received pursuant to this section shall be deposited in the Fish and
Game Preservation Fund. The funds received shall supplement existing
resources for purposes relating to conservation programs, projects,
and activities by the department.
(b) The department may enter into one or more agreements to accept
services from any person, nonprofit organization, or other public or
private entity for purposes relating to conservation programs,
projects, and activities by the department. Under the direction of
the department, these services shall supplement existing staff
resources. Agreements for services for the management and operation
of department-managed lands shall be subject to the provisions of
Section 1745.
1227. Notwithstanding any other provision of law, the department
may enter into one or more agreements with any person, nonprofit
organization, or other public or private entity, as may be
appropriate, to assist the department in its efforts to secure
long-term private funding sources for purposes relating to
conservation programs, projects, and activities by the department.
The authority to enter into agreements for the purposes of this
section shall include, but not be limited to, for the purposes of
securing donations, memberships, corporate and individual
sponsorships, and marketing and licensing agreements.
SEC. 17. Section 2089.4 of the Fish and Game Code is amended to
read:
2089.4. As used in this article, the following definitions apply:
(a) "Agreement" means a state safe harbor agreement approved by
the department pursuant to this article. "Agreement" includes an
agreement with an individual landowner and a programmatic agreement.
(b) "Baseline conditions" means the existing estimated population
size, the extent and quality of habitat, or both population size and
the extent and quality of habitat, for the species on the land to be
enrolled in the agreement that sustain seasonal or permanent use by
the covered species. Baseline conditions shall be determined by the
department, in consultation with the applicant, and shall be based on
the best available science and objective scientific methodologies.
For purposes of establishing baseline conditions, a qualified person
that is not employed by the department may conduct habitat surveys,
if that person has appropriate species expertise and has been
approved by the department.
(c) "Department" means the Department of Fish and Wildlife, acting
through its director or his or her designee.
(d) "Landowner" means any person or nonstate or federal entity or
entities that lawfully hold any interest in land or water to which
they are committing to implement the requirements of this article.
(e) "Management actions" means activities on the enrolled land or
water that are reasonably expected by the department to provide a net
benefit to the species or their habitat, or both.
(f) "Monitoring program" means a program established or approved
by the department in accordance with subdivision (f) of Section
2089.6.
(g) "Net conservation benefit" means the cumulative benefits of
the management activities identified in the agreement that provide
for an increase in a species' population or the enhancement,
restoration, or maintenance of covered species' suitable habitats
within the enrolled property. Net conservation benefit shall take
into account the length of the agreement, any offsetting adverse
effects attributable to the incidental taking allowed by the
agreement, and other mutually agreed upon factors. Net conservation
benefits shall be sufficient to contribute either directly or
indirectly to the recovery of the covered species. These benefits
include, but are not limited to, reducing fragmentation and
increasing the connectivity of habitats, maintaining or increasing
populations, enhancing and restoring habitats, and buffering
protected areas.
(h) "Programmatic agreement" means a state safe harbor agreement
issued to a governmental or nongovernmental program administrator.
The program administrator for a programmatic agreement shall work
with landowners and the department to implement the agreement. The
program administrator and the department shall be responsible for
ensuring compliance with the terms of the agreement.
(i) "Qualified person" means a person with species expertise who
has been approved by the department.
(j) "Return to baseline" means, at the termination of an
agreement, activities undertaken by the landowner to return the
species population or extent or quality of habitat to baseline,
excluding catastrophic events such as floods, unplanned fires, or
earthquakes, and other factors mutually agreed upon prior to permit
issuance and that are beyond the control of the landowner.
SEC. 18. Section 2099 of the Fish and Game Code is amended to
read:
2099. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Eligible project" means a solar thermal powerplant,
photovoltaic powerplant, wind powerplant, or geothermal powerplant
meeting the requirements of paragraph (1) or (2) of subdivision (b)
of Section 2069 or meeting the definition of a "covered activity" in
the final Desert Renewable Energy Conservation Plan, as approved by
the department.
(2) "Energy Commission" means the State Energy Resources
Conservation and Development Commission.
(b) (1) The Renewable Energy Resources Development Fee Trust Fund
is hereby established in the State Treasury. The department shall
collect a fee from the owner or developer of an eligible project that
elects to use mitigation actions developed and approved by the
department pursuant to Section 2069, and all moneys received for
purposes of mitigation actions pursuant to Section 2069 shall be
deposited in the fund and shall be held in trust and be expended
solely for the purposes of, and in conformity with, that section,
applicable permit or certification requirements for eligible
projects, and any contractual agreement between the Energy Commission
or department and the owner or developer of an eligible project. The
department may contract with, or award grants to, third parties to
implement mitigation actions in conformity with Section 2069 and this
section.
(2) Upon direction by the department, the Controller shall create
any accounts or subaccounts within the fund that the department
determines are necessary or convenient to facilitate management of
the fund.
(3) The fund shall serve, and be managed, as an optional,
voluntary method for developers or owners of eligible projects to
deposit fees to complete mitigation actions meeting the conditions of
subdivision (c) of Section 2069 and for the purpose of meeting the
requirements of this chapter or the requirements of Chapter 6
(commencing with Section 25500) of Division 15 of the Public
Resources Code by funding mitigation actions implemented by the
department or third parties in a contractual relationship with the
department. Notwithstanding Section 13340 of the Government Code, the
money in the fund is hereby continuously appropriated to the
department, without regard to fiscal years, for the purposes
enumerated in this section and Section 2069. An expenditure shall not
be made from the fund except as authorized by the department.
(4) The sum of ten million dollars ($10,000,000) previously
transferred, as a loan, from the Renewable Resource Trust Fund to the
fund shall be repaid from the fund to the Renewable Resource Trust
Fund no later than December 31, 2013. The department shall use these
funds, pursuant to paragraph (1) of subdivision (c) of Section 2069,
to purchase mitigation lands or conservation easements, and to cover
related restoration, monitoring, and transaction costs incurred in
advance of the receipt of fees pursuant to paragraph (5) and to cover
the department's administrative costs for the program.
(5) A developer or owner of an eligible project that elects to use
mitigation actions developed and authorized by the department
pursuant to Section 2069 shall remit fees to the department for
deposit into the fund for those mitigation actions in an amount that
reflects the determination by the Energy Commission, with respect to
a solar thermal or geothermal powerplant subject to its jurisdiction,
or the department, with respect to a renewable energy powerplant not
subject to the Energy Commission's jurisdiction, of the costs
attributable to the mitigation actions that meet the standards of
this chapter. The amount of fees to be paid by a developer or owner
of an eligible project to meet the standards of this chapter shall be
calculated on a per acre basis, using total cost accounting, and
shall include, as applicable, land acquisition or conservation
easement costs, monitoring costs, restoration costs, transaction
costs, the amount of a perpetual endowment account for land
management or easement stewardship costs by the department or other
management entity, and administrative costs and funds sufficient to
repay any expenditure of state funds made pursuant to paragraph (4).
To ensure the funds deposited
pursuant to this section are sufficient to meet the standards
of this chapter, the project developer or owner, in addition to
payment of those funds, shall provide security, in a form and amount,
not to exceed 5 percent of the amount of the funds, excluding any
portion of the funds to be used for a perpetual endowment, to be
determined by the Energy Commission, with respect to a solar thermal
or geothermal powerplant subject to its jurisdiction, or to be
determined by the department, with respect to a renewable energy
powerplant not subject to the Energy Commission's jurisdiction.
(c) The department shall monitor the implementation of the
mitigation actions and the progress of the construction of the
eligible projects. The department shall report all deposits, and the
source of those deposits, on its Internet Web site. The department
shall also report all expenditures from the fund on its Internet Web
site and identify the mitigation activities or programs that each
expenditure funded and its relationship to the permitted project. The
Energy Commission, with respect to a solar thermal or geothermal
powerplant subject to its jurisdiction, and the department, with
respect to a renewable energy powerplant not subject to the Energy
Commission's jurisdiction, shall ensure that moneys paid pursuant to
this section are used only for purposes of satisfying the standards
of paragraph (2) of subdivision (b) of Section 2081. Where moneys are
used to fund mitigation actions, including the acquisition of lands
or conservation easements, or the restoration of lands, that use
shall be in addition to, and not duplicative of, mitigation obtained
through any other means.
(d) The department and the Energy Commission shall not allow any
use of the interim mitigation strategy subsequent to a determination
by the department that the time and extent of mitigation actions are
not being implemented in rough proportion to the impacts of those
projects. The department shall reinstitute the use of the interim
mitigation strategy when the department determines the rough
proportionality between mitigation actions and impacts of eligible
projects has been reestablished by the completion of additional
mitigation actions.
SEC. 19. Section 2536 of the Fish and Game Code is amended to
read:
2536. (a) It is unlawful for any person to engage in the business
of guiding or packing, or to act as a guide for any consideration or
compensation whatever, without first having secured a guide license
from the department.
(b) An employee of a licensee who acts as a guide only in
connection with, and within the scope of, his or her employment is
exempt from the requirement of subdivision (a) if all of the
following conditions are met:
(1) If the employment is subject to and the person is reported to
the carrier of the employer's workers' compensation insurance.
(2) If the person is subject and reported to the state and federal
taxing authorities for withholding of income tax.
(3) If the person is reported to the department, on forms provided
by the department, as an employee of the guide prior to any contact
with any person being guided, and a registration fee has been paid.
The base fee for an employee guide registration for the 2004 license
year shall be thirty-three dollars ($33), which shall be adjusted
annually thereafter pursuant to Section 713.
(c) A person who is licensed in another state to provide guide
services for the purposes of fishing is exempt from the requirements
of subdivision (a) if all of the following conditions are met:
(1) The state in which the person is licensed grants a similar
exemption to licensed guides who are residents of this state.
(2) Evidence of a valid guide license is provided to the
department upon request.
(3) The person is engaged in the business of guiding only in
conjunction with and during the term of a multistate fishing
tournament approved by the appropriate agency in each of the affected
states.
(4) The tournament sponsor provides to the department any
information or documents necessary to administer and enforce this
paragraph, as determined by the department, including, but not
limited to, the identities of all guides participating in the
tournament, verification of another state's license exemption, and
information sufficient to determine the validity of another state's
guide licenses.
(5) The tournament sponsor pays the department an amount,
determined by the department, to be sufficient to cover the
department's cost to administer and enforce this subdivision.
(6) The net proceeds of the tournament are used for resource
management projects or habitat improvement projects, or both.
(d) The commission shall adjust the amount of the fees specified
in paragraph (3) of 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. 20. Section 2540 of the Fish and Game Code is amended to
read:
2540. (a) The base fee for a guide license issued to a resident
is one hundred fifty dollars ($150).
(b) The base fee for a guide license issued to a nonresident is
three hundred fifty dollars ($350).
(c) A guide license is valid for the license year beginning on
February 1 and ending on January 31 of the succeeding year or, if
issued after the beginning of the license year, for the remainder of
that license year.
(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 subdivisions (a), (b), and (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. 21. Section 3031.2 of the Fish and Game Code is amended to
read:
3031.2. (a) In addition to Sections 714 and 3031, and
notwithstanding Section 3037, the department shall issue lifetime
hunting licenses under this section. A lifetime hunting license
authorizes the taking of birds and mammals anywhere in this state in
accordance with the 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 under this code. A lifetime hunting
license is not transferable. A lifetime hunting license does not
include any special tags, stamps, or fees.
(b) A lifetime hunting license may be issued to residents of this
state, as follows:
(1) To a person 62 years of age or over, upon payment of a base
fee of three hundred sixty-five dollars ($365).
(2) To a person 40 years of age or over, and less than 62 years of
age, upon payment of a base fee of five hundred forty dollars
($540).
(3) To a person 10 years of age or over, and less than 40 years of
age, upon payment of a base fee of six hundred dollars ($600).
(4) To a person less than 10 years of age, upon payment of a base
fee of three hundred sixty-five dollars ($365).
(c) Nothing in this section requires a person less than 16 years
of age to obtain a license to take birds or mammals except as
required by law.
(d) Nothing in this section exempts an applicant for a license
from meeting other qualifications or requirements otherwise
established by law for the privilege of sport hunting.
(e) The base fees specified in this section are applicable
commencing January 1, 2004, and shall be adjusted annually thereafter
pursuant to Section 713.
(f) 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. 22. Section 6651 of the Fish and Game Code is amended to
read:
6651. (a) A license granting the privilege to harvest kelp or
other aquatic plants shall be issued upon application and the payment
of a fee of one hundred dollars ($100) to the department. The
license shall be valid from January 1 to December 31, inclusive, or,
if issued after the beginning of that term, for the remainder
thereof.
(b) 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.
(c) This chapter does not apply to aquatic plants grown on private
land or on state water bottoms leased pursuant to Division 12
(commencing with Section 15000).
SEC. 23. Section 7149.8 of the Fish and Game Code is amended to
read:
7149.8. (a) A person shall not take abalone from ocean waters
unless he or she first obtains, in addition to a valid California
sport fishing license and any applicable license validation or stamp
issued pursuant to this code, an abalone report card, and maintains
that report card in his or her possession while taking abalone.
(b) The department or an authorized license agent shall issue an
abalone report card upon payment of a fee of fifteen dollars ($15) in
the 2004 license year, which 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. 24. Section 8598.3 of the Fish and Game Code is amended to
read:
8598.3. (a) The fee for a marine aquaria collector's permit shall
be three hundred thirty dollars ($330).
(b) A person engaged in taking, possessing, or landing marine
species under a marine aquaria collector's permit shall not take,
possess aboard a boat, or land any species under the authority of a
scientific collector's permit issued pursuant to Section 1002, 5515,
or 10660 on the same fishing trip.
(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. 25. Section 12028 is added to the Fish and Game Code, to
read:
12028. The Legislature finds and declares that:
(a) Poaching violations and other violations of the Fish and Game
Code have been increasing, and these violations have a detrimental
impact on fish and wildlife and their habitats, which are held in
trust by the state for the benefit of the people of the state.
(b) In order to deter illegal poaching and other violations that
adversely impact fish and wildlife, it is important that the
department coordinate with other law enforcement entities and the
courts to facilitate effective enforcement and prosecution of these
offenses.
(c) The department, to the extent feasible and subject to
available resources, shall establish and coordinate an environmental
crimes task force. The task force should involve the participation of
the department's Office of General Counsel working with each of the
department's law enforcement districts. The task force may include
coordination with representatives from the California District
Attorneys' Association, the Judicial Council, the Attorney General's
office, and the University of California. Objectives of the task
force may include, but are not limited to, providing training,
education, and outreach to prosecutors and the courts on Fish and
Game Code violations and providing other assistance as appropriate in
the prosecution of environmental crimes.
SEC. 26. Section 13205 is added to the Fish and Game Code, to
read:
13205. The Augmented Deer Tags Account, Bighorn Sheep Permit
Account, and Wild Pig Account, within the Fish and Game Preservation
Fund, shall be consolidated and any remaining funds in these accounts
transferred to the Big Game Management Account, consistent with
Section 3953. The department, after consultation with the Department
of Finance and the Legislative Analyst's Office, shall provide
recommendations to the Legislature for consolidation of additional
dedicated accounts within the Fish and Game Preservation Fund if, in
the determination of the department, consolidation would serve to
reduce administrative costs to the department and enhance its ability
to meet current needs, while still preserving the generally stated
purpose of the dedicated accounts.
SEC. 27. Section 12805 of the Government Code is amended to read:
12805. (a) The Resources Agency is hereby renamed the Natural
Resources Agency. The Natural Resources Agency consists of the
departments of Forestry and Fire Protection, Conservation, Fish and
Wildlife, Parks and Recreation, and Water Resources; the State Lands
Commission; the Colorado River Board; the San Francisco Bay
Conservation and Development Commission; the Central Valley Flood
Protection Board; the Energy Resources Conservation and Development
Commission; the Wildlife Conservation Board; the Delta Protection
Commission; the California Science Center; the Native American
Heritage Commission; the California Conservation Corps; the
California Coastal Commission; the State Coastal Conservancy; the
California Tahoe Conservancy; the Santa Monica Mountains Conservancy;
the Coachella Valley Mountains Conservancy; the San Joaquin River
Conservancy; the San Gabriel and Lower Los Angeles Rivers and
Mountains Conservancy; the Baldwin Hills Conservancy; the San Diego
River Conservancy; and the Sierra Nevada Conservancy.
(b) Existing supplies, forms, insignias, signs, or logos shall not
be destroyed or changed as a result of changing the name of the
Resources Agency to the Natural Resources Agency, and those materials
shall continue to be used until exhausted or unserviceable.
SEC. 28. Section 4800 of the Labor Code is amended to read:
4800. (a) Whenever any member of the Department of Justice
falling within the "state peace officer/firefighter" class is
disabled by injury arising out of and in the course of his or her
duties, he or she shall become entitled, regardless of his or her
period of service with the Department of Justice to leave of absence
while so disabled without loss of salary, in lieu of disability
payments under this chapter, for a period of not exceeding one year.
This section shall apply only to members of the Department of Justice
whose principal duties consist of active law enforcement and shall
not apply to persons employed in the Department of Justice whose
principal duties are those of telephone operator, clerk,
stenographer, machinist, mechanic or otherwise clearly not falling
within the scope of active law enforcement service, even though this
person is subject to occasional call or is occasionally called upon
to perform duties within the scope of active law enforcement service.
(b) This section shall apply to law enforcement officers employed
by the Department of Fish and Wildlife who are described in
subdivision (e) of Section 830.2 of the Penal Code.
(c) This section shall apply to harbor police officers employed by
the San Francisco Port Commission who are described in Section 20402
of the Government Code.
(d) This section shall not apply to periods of disability which
occur subsequent to termination of employment by resignation,
retirement or dismissal. When this section does not apply, the
employee shall be eligible for those benefits which would apply if
this section had not been enacted.
