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AB-2283 Fish and game.(2011-2012)

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Amended  IN  Assembly  May 25, 2012
Amended  IN  Assembly  April 09, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill No. 2283


Introduced  by  Assembly Member Portantino

February 24, 2012


An act to amend Sections 37, 39, 700, and 2089.4 of, and to add Sections 26 and 700.5 to, the Fish and Game Code, to amend Section 12805 of the Government Code,relating Code, relating to fish and game.


LEGISLATIVE COUNSEL'S DIGEST


AB 2283, as amended, Portantino. Fish and game.
Existing law establishes the Department of Fish and Game and sets forth the duties of that department.
This bill would rename the Department of Fish and Game the Department of Fish and Wildlife, and would make related changes. 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 of Fish and Game to the Department of Fish and Wildlife, and would require their continued use until exhausted or unserviceable. The bill would prohibit the department from revising information technology systems or programs sooner than otherwise planned as a result of the change in the name of the department.
This bill would also provide that, on or after January 1, 2013, the Department of Fish and Wildlife may be referred to, where appropriate and as deemed by the Director of Fish and Wildlife, as CAL WILD. This bill would prohibit existing supplies, forms, insignias, signs, or logos from being destroyed or changed as a result of authorization to use CAL WILD, where appropriate, to refer to the Department of Fish and Wildlife, and would require their continued use until exhausted or unservicable unserviceable.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 26 is added to the Fish and Game Code, to read:

26.
 “CAL WILD” means the Department of Fish and Wildlife.

SEC. 2.

 Section 37 of the Fish and Game Code is amended to read:

37.
 “Department” means the Department of Fish and Wildlife.

SEC. 3.

 Section 39 of the Fish and Game Code is amended to read:

39.
 “Director” means the Director of Fish and Wildlife.

SEC. 4.

 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.
(e) The department shall not revise information technology systems or programs sooner than otherwise planned as a result of the change in the name of the department pursuant to this section. The department shall incorporate the change in the name of the department into the information technology system and programs as those systems and programs are updated, revised, or replaced in the normal course of business.

SEC. 5.

 Section 700.5 is added to the Fish and Game Code, to read:

700.5.
 (a) Notwithstanding any other law, on or after January 1, 2013, the Department of Fish and Wildlife may be referred to, where appropriate and as deemed by the director, as CAL WILD.
(b) No existing supplies, forms, insignias, signs, or logos shall be destroyed or changed as a result of authorization to use CAL WILD, where appropriate, to refer to the department, and they shall continue to be used until exhausted or unservicable unserviceable.

SEC. 6.

 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 a person or nonstate or federal entity or entities that lawfully hold any holds an interest in land or water to which they are the entity is 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. 7.

 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, Boating and Waterways, Parks and Recreation, Resources Recycling and Recovery, 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 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) No existing supplies, forms, insignias, signs, or logos shall 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.