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AB-478 Sport fishing licenses: age requirement.(2017-2018)

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Date Published: 02/13/2017 02:00 PM
AB478:v99#DOCUMENT

Revised  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 478


Introduced by Assembly Member Waldron
(Coauthor: Assembly Member Eduardo Garcia)

February 13, 2017


An act to amend Sections 714, 7145, 7149.05, and 7149.2 of the Fish and Game Code, relating to fishing.


LEGISLATIVE COUNSEL'S DIGEST


AB 478, as introduced, Waldron. Sport fishing licenses: age requirement.
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 sport fishing 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.
This bill would raise the age at which a person is required to obtain a sport fishing license to 18 years of age or older and would make other conforming changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 714 of the Fish and Game Code is amended to read:

714.
 (a) In addition to Section 3031, 3031.2, 7149.05, or 7149.2 and notwithstanding Section 3037, the department shall issue lifetime sportsman’s licenses pursuant to this section. A lifetime sportsman’s license authorizes the taking of birds, mammals, fish, reptiles, or amphibia amphibians anywhere in this state in accordance with 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 pursuant to this code. A lifetime sportsman’s license is not transferable. A lifetime sportsman’s license does not include any special tags, stamps, or other entitlements.
(b) A lifetime sportsman’s license may be issued to residents, as follows:
(1) To a person 62 years of age or over upon payment of a base fee of seven hundred thirty dollars ($730).
(2) To a person 40 years of age or over and less than 62 years of age upon payment of a base fee of one thousand eighty dollars ($1,080).
(3) To a person 10 years of age or over and less than 40 years of age upon payment of a base fee of one thousand two hundred dollars ($1,200).
(4) To a person less than 10 years of age upon payment of a base fee of seven hundred thirty dollars ($730).
(c) (1) This section does not require a person less than 16 years of age to obtain a license to take fish, reptiles, or amphibia for purposes other than profit or to obtain a license to take birds or mammals, except as required by law.
(2) This section does not require a person less than 18 years of age to obtain a license to take fish, reptiles, or amphibians for purposes other than profit, except as required by law.
(d) This section does not exempt an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting or sport fishing.
(e) Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license or lifetime sportsman’s license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags issued pursuant to Section 4654. Lifetime privileges issued pursuant to this subdivision are not transferable.
(f) Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license or lifetime sportsman’s license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(g) The base fees specified in this section are applicable commencing January 1, 2004, and shall be adjusted annually thereafter pursuant to Section 713.
(h) The commission shall adjust the amount of the fees specified in subdivision (g), as necessary, to fully recover, but not exceed, all reasonable administrative implementation costs of the department and the commission relating to those licenses.

SEC. 2.

 Section 7145 of the Fish and Game Code is amended to read:

7145.
 (a) Except as otherwise provided in this article, every person 16 18 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit shall first obtain a valid license for that purpose and shall have that license on his or her person or in his or her immediate possession or where otherwise specifically required by law or regulation to be kept when engaged in carrying out any activity authorized by the license. In the case of a person diving from a boat, the license may be kept in the boat, or in the case of a person diving from the shore, the license may be kept within 500 yards of the shore.
(b) (1) This section does not apply to an owner of privately owned real property, or the owner’s invitee, who, without providing compensation, takes fish for purposes other than profit from a lake or pond that is wholly enclosed by that owner’s real property and that is located offstream and does not at any time derive water from, or supply water to, any permanent or intermittent artificial or natural lake, pond, stream, wash, canal, river, creek, waterway, aqueduct, or similar water conveyance system of the state. Access and control of the real property shall be under the direct authority of the owner and not that of another person or entity.
(2) This subdivision does not, and shall not be construed to, authorize the introduction, migration, stocking, or transfer of aquatic species, prohibited species, or any other nonnative or exotic species into state waters or waterways. This subdivision does not supersede or otherwise affect any provision of law that governs aquaculture, including, but not limited to, the operation of trout farms, or any activity that is an adjunct to or a feature of, or that is operated in conjunction with, any other enterprise operated for a fee, including, but not limited to, private parks or private recreation areas.

SEC. 3.

 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 amphibia amphibian anywhere in this state for purposes other than profit shall be issued to any of the following:
(1) A resident, 16 18 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, of that year, upon payment of a base fee of thirty-one dollars and twenty-five cents ($31.25).
(2) A nonresident, 16 18 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, of that year, upon payment of a base fee of eighty-four dollars ($84).
(3) A nonresident, 16 18 years of age or older for the period of 10 consecutive days beginning on the date specified on the license license, upon payment of the fee set forth in paragraph (1).
(4) A resident or nonresident, 16 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, 1053.1, more than one single day 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 18 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 no 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)

(c) 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)

(d) The commission shall adjust the amount of the fees specified in subdivision (d), (c), 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. 4.

 Section 7149.2 of the Fish and Game Code is amended to read:

7149.2.
 (a) In addition to Sections 714 and 7149.05, the department shall issue a lifetime sport fishing license under this section. A lifetime sport fishing license authorizes the taking of fish, amphibians, or reptiles 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 sport fishing license is not transferable. A lifetime sport fishing license does not include any special tags, stamps, or fees.
(b) A lifetime sport fishing 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 18 years of age to obtain a license to take fish, amphibians, or reptiles for purposes other than profit.
(d) Nothing in this section exempts a license applicant from meeting other qualifications or requirements otherwise established by law for the privilege of sport fishing.
(e) Upon payment of a base fee of two hundred forty-five dollars ($245), a person holding a lifetime sport fishing license or lifetime sportsman’s license shall be entitled annually to the privileges afforded to a person holding a second-rod stamp or validation issued pursuant to Section 7149.45, a sport fishing ocean enhancement stamp or validation issued pursuant to subdivision (a) of Section 6596.1, one steelhead trout report restoration card issued pursuant to Section 7380, and one salmon punchcard issued pursuant to regulations adopted by the commission. Lifetime privileges issued pursuant to this subdivision are not transferable.
(f) The base fees specified in this section are applicable commencing January 1, 2004, and shall be adjusted annually thereafter pursuant to Section 713.

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