|
Amended
IN
Assembly
May 20, 2019 |
| Introduced by Assembly Member Wood (Principal coauthor: Assembly Member Gallagher) (Coauthors: Assembly Members Bigelow, Brough, Cunningham, Kiley, Mathis, Mayes, and Salas) (Coauthors: Senators Archuleta, Bates, Borgeas, Galgiani, and Nielsen) |
February 22, 2019 |
This bill, instead of calendar year licenses, would require issuance of sport fishing licenses that expire 12 consecutive months after the date specified on the license. The bill would require license applicants to provide their email address and agree
to be contacted regarding purchase, renewal, or reactivation. The bill would require the Department of Fish and Wildlife to submit to the Legislature a written report on the implementation of these provisions. The bill would make these provisions operative beginning on January 1, 2021. The bill would also require the department, no later than January 1, 2021, to enable licenses and validations to be displayed on an electronic mobile device. The bill would repeal all general statutory provisions governing issuance of annual and short-term sport fishing licenses on January 1, 2026, for both residents and nonresidents who are 16 years of age and older. The bill would make related legislative findings and declarations and a related statement of legislative intent. The bill would also make nonsubstantive and conforming changes.
(a)The Legislature finds and declares all of the following:
(1)The number of annual sport fishing licenses sold in California has declined by 55 percent since 1980, even though the population of the state has increased by 60 percent. Sale of sport fishing licenses annually provides the Department of Fish and Wildlife (department) approximately $59 million in revenue at current levels, but if sales per capita had remained constant since 1980, this number would be increased by $54 million. Additionally, federal grant moneys under the Dingell-Johnson Sport Fish Restoration Act (SFRA) (16 U.S.C. Sec. 777 et seq.) add approximately $17 million to the department’s annual operating budget, averaging $17,069,333 each
year from 2015 to 2017, inclusive. Combined, revenue from sport fishing license sales and SFRA grants is approximately $76 million. By comparison, the department annually receives approximately $20 million in revenue from the sale of hunting licenses and $20 million in revenue from federal hunting-related grants.
(2)A new vendor contract for the department’s Automated License Data System (ALDS) will be implemented on January 1, 2021. By upgrading ALDS requirements before a new system and vendor are selected, the department will be able to take advantage of state-of-the-art software without needing expensive upgrades to an existing system, saving many hundreds of thousands of dollars.
(3)The department should be using the most current forms of electronic communication and outreach to contact potential anglers, currently licensed anglers, and anglers whose licenses have expired,
in order to achieve the goals of the department’s recruitment, retention, and reactivation (R3) program.
(4)In 2018, the department convened a stakeholder group to make recommendations on recruitment, retention, and reactivation of recreational anglers. Seventy percent of recreational anglers surveyed said that unavailability of a 365-day license is their greatest deterrent to purchasing or renewing an annual fishing license. In addition, 51 percent said that licenses were too expensive, 40 percent said that there are too many confusing regulations, and 39 percent said that the fish from department hatcheries were too small and too few in number.
(5)Information technology, including the new ALDS system that will be implemented on January 1, 2021, can be instrumental in the R3 effort to increase annual sport fishing license sales. Increased sales will provide critical revenue for
conservation efforts, including wild fishery stock assessments and habitat restoration, and will enable the department to increase the output of department hatcheries.
(6)By issuing 365-day sport fishing licenses, implementing a new ALDS system that has an auto-renewal feature and enables licenses and validations to be displayed on mobile devices such as smartphones, and establishing email communication with recreational anglers, the department will drive sales and be able to proactively solicit prospective licensees to achieve the goals of the R3 program.
(b)It is the intent of the Legislature to recruit, retain, and reactivate recreational anglers to increase revenues to the department for conservation efforts, fishery management, and increased hatchery production, and for economic benefits to the people of the state.
(a)A person shall not obtain more than one license, permit, reservation, or other entitlement of the same class, or more than the number of tags authorized by statute or regulation for the same license year, except under one of the following conditions:
(1)Nonresident hunting licenses issued pursuant to paragraphs (4) and (5) of subdivision (a) of Section 3031, and short-term sport fishing licenses issued pursuant to paragraphs (3), (4), and (5) of subdivision (a) of Section 7149.05.
(2)The loss or destruction of an unexpired license, tag, permit,
reservation, or other entitlement, except a stamp or endorsement, as certified by the applicant’s signed affidavit and proof, as determined by the department, that the original license, tag, permit, reservation, or other entitlement was issued, and payment of a base fee of five dollars ($5). The base fee shall be adjusted annually pursuant to Section 713, not to exceed the fee for the original entitlement, as follows:
(A)The adjustment shall apply to the hunting license years commencing on or after July 1, 1996.
(B)The adjustment shall apply to the fishing license years commencing on or after January 1, 1996.
(3)The loss or destruction of a stamp or endorsement imprinted on a base license and payment of a base fee of three dollars ($3) for each stamp or endorsement replaced on any base license document, adjusted
annually pursuant to Section 713, not to exceed the fee for the original entitlement. The base fee in this paragraph shall apply to the 2011 license year.
(b)This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
(c)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(a)A person shall not obtain more than one license, permit, reservation, or other entitlement of the same class, or more than the number of tags authorized by statute or regulation for the same license year, except under one of the following conditions:
(1)Nonresident hunting licenses issued pursuant to paragraphs (4) and (5) of subdivision (a) of Section 3031.
(2)The loss or destruction of an unexpired license, tag, permit, reservation, or other entitlement, except a stamp or endorsement, as certified by the applicant’s signed affidavit and proof, as determined by the department, that the original license, tag, permit, reservation, or other entitlement was issued, and payment
of a base fee of five dollars ($5). The base fee shall be adjusted annually pursuant to Section 713, not to exceed the fee for the original entitlement, as applicable, to the hunting license years commencing on or after July 1, 1996.
(3)The loss or destruction of a stamp or endorsement imprinted on a base license and payment of a base fee of three dollars ($3) for each stamp or endorsement replaced on any base license document, adjusted annually pursuant to Section 713, not to exceed the fee for the original entitlement. The base fee in this paragraph shall apply to the 2011 license year.
(b)This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
(c)This section shall become operative on January 1,
2026.
(a)The director shall designate those particular areas of land managed by the department at which possession of a valid annual wildlife pass or day use pass shall be required. No designation shall be effective until a management plan for the area has been presented at a public meeting and the plan has been approved by the director.
(b)No person shall enter the designated area unless that person possesses an annual wildlife area pass or a day use pass issued pursuant to Section 1765, a valid hunting license issued pursuant to Section 3031, a valid trapping license issued pursuant to Section 4006, or a valid sport fishing license issued pursuant to Section 7149.05, 7150, or 7151, or that person is a member of a tour by an organized youth or school group that has been
issued a day use pass.
(c)Notwithstanding subdivision (b), possession of a license or pass shall not be required of any person who:
(1)Is passing through the area on a public right-of-way.
(2)Possesses authorization by the commission or the department to conduct scientific or educational research.
(3)Is discharging duties in the course of employment, as specified by the department.
(4)Possesses written authorization from the department to enter the area for a specific purpose.
(d)This section shall remain in effect only
until January 1, 2026, and as of that date is repealed.
(a)The director shall designate those particular areas of land managed by the department at which possession of a valid annual wildlife pass or day use pass shall be required. No designation shall be effective until a management plan for the area has been presented at a public meeting and the plan has been approved by the director.
(b)No person shall enter the designated area unless that person possesses an annual wildlife area pass or a day use pass issued pursuant to Section 1765, a valid hunting license issued pursuant to Section 3031, a valid trapping license issued pursuant to Section 4006, or a valid sport fishing license issued pursuant to Section 7150, 7151, or regulations adopted by the commission, or that person is a member of a tour by an organized youth
or school group that has been issued a day use pass.
(c)Notwithstanding subdivision (b), possession of a license or pass shall not be required of any person who:
(1)Is passing through the area on a public right-of-way.
(2)Possesses authorization by the commission or the department to conduct scientific or educational research.
(3)Is discharging duties in the course of employment, as specified by the department.
(4)Possesses written authorization from the department to enter the area for a specific purpose.
(d)This section shall become operative on January 1, 2026.
(a)In addition to a valid California sport fishing license and any other applicable license validation issued pursuant to this code, a person taking fish from ocean waters south of a line extending due west from Point Arguello for purposes other than for profit shall have a valid sport fishing ocean enhancement validation permanently affixed to their fishing license. A sport fishing ocean enhancement validation shall be issued upon payment of a base fee of three dollars and fifty cents ($3.50). A sport fishing license issued pursuant to paragraph (4) or (5) of subdivision (a) of Section 7149.05 is not subject to this
subdivision.
(b)In addition to a valid California commercial passenger fishing boat license issued pursuant to Section 7920, the owner of any boat or vessel who, for profit, permits any person to fish from that boat or vessel, south of a line extending due west from Point Arguello, shall have a valid commercial fishing ocean enhancement validation issued for that vessel that has not been suspended or revoked.
(c)Any person who takes, possesses aboard a boat, or lands any white sea bass for commercial purposes south of a line extending due west from Point Arguello, shall have a valid commercial fishing ocean enhancement validation issued to that person that has not been suspended
or revoked.
(d)The base fee for a commercial ocean fishing enhancement validation is thirty-five dollars ($35).
(e)This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
(f)The base fees specified in this section are applicable to the 2004 license year and shall be adjusted annually thereafter pursuant to Section 713.
(g)The commission shall adjust the amount of the fees specified in subdivision (f), as necessary, to fully recover, but not exceed, all reasonable
administrative and implementation costs of the department and the commission relating to those licenses.
(h)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(a)In addition to a valid California sport fishing license and any other applicable license validation issued pursuant to this code, a person taking fish from ocean waters south of a line extending due west from Point Arguello for purposes other than for profit shall have a valid sport fishing ocean enhancement validation permanently affixed to their fishing license. A sport fishing ocean enhancement validation shall be issued upon payment of a base fee of three dollars and fifty cents ($3.50).
(b)In addition to a valid California commercial passenger fishing boat license issued pursuant to Section 7920, the owner of any boat or vessel who, for profit, permits any person to fish from that boat or vessel, south of a line extending due west from
Point Arguello, shall have a valid commercial fishing ocean enhancement validation issued for that vessel that has not been suspended or revoked.
(c)Any person who takes, possesses aboard a boat, or lands any white sea bass for commercial purposes south of a line extending due west from Point Arguello shall have a valid commercial fishing ocean enhancement validation issued to that person that has not been suspended or revoked.
(d)The base fee for a commercial ocean fishing enhancement validation is thirty-five dollars ($35).
(e)This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
(f)The base fees specified in this section are applicable to the 2004 license year
and shall be adjusted annually thereafter pursuant to Section 713.
(g)The commission shall adjust the amount of the fees specified in subdivision (f), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(h)This section shall become operative on January 1, 2026.
(a)A sport fishing license granting the privilege to take any fish, reptile, or amphibian anywhere in this state for purposes other than profit shall be issued to any of the following:
(1)A resident, 16 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, upon payment of a base fee of thirty-one dollars and twenty-five cents ($31.25).
(2)A nonresident, 16 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, upon payment of a base fee of eighty-four dollars ($84).
(3)A nonresident, 16 years of age or older, for the period of 10 consecutive days beginning on the date specified on the license upon payment of the fee set forth in paragraph (1).
(4)A resident or nonresident, 16 years of age or older, for two designated days, upon payment of one-half the fee set forth in paragraph (1). Notwithstanding Section 1053.1, more than one
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 years of age or older, for one designated day upon payment of a base fee of ten dollars ($10).
(b)No later than January 1, 2021, the department shall enable licenses and validations to be displayed on an electronic mobile device.
(c)California sport fishing license validations shall be issued by
authorized license agents in the same manner as sport fishing licenses, and no compensation shall be paid to the authorized license agent for issuing the validations except as provided in Section 1055.1.
(d)This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
(e)The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(f)The commission shall adjust the amount of the fees specified in subdivision (e), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(g)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
(a)A sport fishing license granting the privilege to take any fish, reptile, or amphibian anywhere in this state for purposes other than profit shall be issued to any of the following:
(1)A resident, 16 years of age or older, for the period of 12 consecutive months beginning on the date specified on the license, upon payment of a base fee of thirty-one dollars and twenty-five cents ($31.25).
(2)A nonresident, 16 years of age or older, for the period of 12 consecutive months beginning on the date specified on the license, upon payment of a base fee of eighty-four dollars ($84).
(3)A nonresident, 16 years of age or
older, for the period of 10 consecutive days beginning on the date specified on the license upon payment of the fee set forth in paragraph (1).
(4)A resident or nonresident, 16 years of age or older, for 2 designated days, upon payment of one-half of the fee set forth in paragraph (1). Notwithstanding Section 1053.1, more than one 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 years of age or older, for 1 designated day upon payment of a base fee of ten dollars ($10).
(b)An applicant for a sport fishing license issued pursuant to this section shall provide, with the application, the applicant’s email address. An applicant shall agree to receive email communications from the department, or, on the department’s behalf, from the
contractor operating the department’s Automated License Data System, regarding purchase, renewal, or reactivation of sport fishing licenses.
(c)The department shall provide applicants the option to sign up for automatic renewal of a sport fishing license issued pursuant to paragraph (1) or (2) of subdivision (a) by automatic credit card or debit card payment or electronic funds transfer. The department shall provide a person who signs up for automatic renewal with advance notice of renewal, including the date of the scheduled renewal fee charge.
(d)The department shall enable licenses and validations to be displayed on an electronic mobile device.
(e)California sport fishing license validations shall be issued by authorized license agents in the same manner as sport fishing licenses, and no compensation shall be
paid to the authorized license agent for issuing the validations except as provided in Section 1055.1.
(f)This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.
(g)The base fees specified in this section are applicable to the 2004 license year 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 and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become operative on January 1, 2021.
(j)(1)On or before December 1, 2024, the department shall submit to the Legislature a written report on the implementation of the 12-month licensing periods that are reflected in paragraphs (1) and (2) of subdivision (a) and the requirements imposed by subdivisions (b) to (d), inclusive.
(2)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(k)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(a)In addition to Section 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 valid for a one-year period from January 1 through December 31 and may be renewed annually, regardless of any lapse of the license, at no additional cost to the licensee. 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 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 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 fishing report-restoration card issued pursuant to Section 7380, and one salmon report
card 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.
(g)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(a)In addition to other sport fishing licenses, if any, issued pursuant to regulations adopted by the commission, 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 this license is issued unless revoked for a violation of this code or regulations adopted under this code. A lifetime sport fishing license is valid for a one-year period from January 1 through December 31 and may be renewed annually, regardless of any lapse of the license, at no additional cost to the licensee. 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 under 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 under 16 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 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 fishing report-restoration card issued pursuant to Section 7380, and one salmon report card 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.
(i)This section shall become operative on January 1, 2026.
Notwithstanding Section 7145, a sport fishing license is not required for a resident to take a rattlesnake (genus Crotalus or Sistrurus).
(a)Upon application to the department’s headquarters office in Sacramento and payment of a base fee of four dollars ($4), as adjusted pursuant to Section 713, the following persons, who have not been convicted of any violation of this code, shall be issued a reduced fee sport fishing license that is valid for one year as specified in paragraphs (1) and (2) of subdivision (a) of Section 7149.05 and that authorizes the licensee to take any fish, reptile, or amphibians anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant thereto for purposes other than profit:
(1)A disabled veteran having a 50 percent or greater service-connected disability upon presentation of proof of an honorable discharge from military service and
proof of the disability. Proof of the disability shall be by certification from the United States Veterans Administration or by presentation of a license issued pursuant to this paragraph in the preceding license year.
(2)A member of the military who is a “recovering service member” pursuant to paragraph (7) of Section 1602 of the federal National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. Sec. 1071 note). A person
shall be eligible for a reduced fee sport fishing license pursuant to this paragraph upon the submission of a letter, online or in hardcopy, to the department from that person’s commanding officer or from a military medical doctor stating that the person is a recovering service member.
(3)A person over 65 years of age who is a resident of this state and whose total monthly income from all sources, including any old age assistance payments, does not exceed the amount in effect on September 1 of each year contained in subdivision (c) of Section 12200 of the Welfare and Institutions Code for single persons or subdivision (d) of Section 12200 of the Welfare and Institutions Code combined income for married persons, as adjusted pursuant to that section. The amount in effect on September 1 of each year shall be the amount used to determine eligibility for a reduced fee license during the following calendar year.
(b)A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency, except as provided in paragraphs (1) and (2) of subdivision (a). The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate documentation of eligibility for that license.
(c)The adjustment of the base fee pursuant to Section 713 specified in subdivision (a) shall be applicable to the fishing license years beginning on or after January 1, 1996.
(d)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(a)Upon application to the department’s headquarters office in Sacramento and payment of a base fee of four dollars ($4), as adjusted pursuant to Section 713, the following persons, who have not been convicted of any violation of this code, shall be issued a reduced fee sport fishing license that is valid for one year and that authorizes the licensee to take any fish, reptile, or amphibians anywhere in this state as otherwise authorized pursuant to this code and regulations adopted pursuant thereto for purposes other than profit:
(1)A disabled veteran having a 50 percent or greater service-connected disability upon presentation of proof of an honorable discharge from military service and proof of the disability. Proof of the disability shall be by certification
from the United States Department of Veterans Affairs or by presentation of a license issued pursuant to this paragraph in the preceding license year.
(2)A member of the military who is a “recovering service member” pursuant to paragraph (7) of Section 1602 of the federal National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. Sec. 1071 note). A person shall be eligible for a reduced fee sport fishing license pursuant to this paragraph upon the submission of a letter, online or in hardcopy, to the department from that person’s commanding officer or from a military medical doctor stating that the person is a recovering service member.
(3)A person over 65 years of age who is a resident of this state and whose total monthly income from all sources, including any old age assistance payments, does not exceed the amount in effect on September 1 of each year contained in
subdivision (c) of Section 12200 of the Welfare and Institutions Code for single persons or subdivision (d) of Section 12200 of the Welfare and Institutions Code combined income for married persons, as adjusted pursuant to that section. The amount in effect on September 1 of each year shall be the amount used to determine eligibility for a reduced fee license during the following calendar year.
(b)A person applying for a reduced fee sport fishing license shall submit adequate documentation for the department to determine whether the applicant is, in fact, eligible for a reduced fee sport fishing license. The documentation shall be in the form of a letter or other document, as specified by the department, from a public agency, except as provided in paragraphs (1) and (2) of subdivision (a). The department shall not issue a reduced fee sport fishing license to any person unless it is satisfied that the applicant has provided adequate
documentation of eligibility for that license.
(c)The adjustment of the base fee pursuant to Section 713 specified in subdivision (a) shall be applicable to the fishing license years beginning on or after January 1, 1996.
(d)This section shall become operative on January 1, 2026.