California Senate Bill SB1179 Amended / Bill

 BILL NUMBER: SB 1179AMENDED BILL TEXT AMENDED IN SENATE JUNE 1, 2010 AMENDED IN SENATE APRIL 19, 2010 AMENDED IN SENATE MARCH 24, 2010 INTRODUCED BY Senator Hollingsworth FEBRUARY 18, 2010 An act to add Section 3040 to the Fish and Game Code, relating to hunting. LEGISLATIVE COUNSEL'S DIGEST SB 1179, as amended, Hollingsworth. Free hunting days. Existing law generally requires a license to take a bird or mammal. Existing law requires the Department of Fish and Game to issue hunting licenses, upon payment of a fee, to eligible California residents and nonresidents, as specified. Existing law authorizes the Director of Fish and Game to designate not more than 2 days a year as free sportfishing days during which residents and nonresidents may, without having a sportfishing license and without the payment of any fee, exercise the privileges of a holder of a sportfishing license, subject to all of the limitations, restrictions, conditions, laws, rules, and regulations applicable to the holder of a sportfishing license. This bill would  require the department   authorize the director  to establish 2 free hunting days per year. The bill would  permit   authorize  a California resident who  does not possess   has never previously held  a  state  hunting license to hunt  during a free hunting day  if accompanied by a licensed hunter who meets prescribed requirements and if the unlicensed hunter  is under the direct visual supervision of   ,   while engaged in hunting activities, remains in close visual and verbal contact with  the licensed hunter at all times.  Under the bill, the unlicensed hunter would be subject to all of the limitations, restrictions, conditions, statutes, rules, and regulations applicable to the holder of a valid hunting license and all of the unlicensed hunter's take would be attributable to the licensed hunter's take limits.  The bill would authorize the department to require an unlicensed hunter to demonstrate the safe operation of the firearm he or she intends to use prior to being authorized to participate in a free hunting day  . The bill would authorize the department   ,  to prohibit unlicensed hunters  hunting pursuant to these provisions  from taking certain species  , and to adopt, by regulation, additional requirements or restrictions to implement the bill  . Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares the following: (a) Hunters and fishermen, as the stewards of California wildlife, have a long tradition of supporting California's natural resources and wildlife through their efforts to enhance habitat and protect species. (b) Hunters and fishermen fund the Department of Fish and Game through their purchase of hunting and fishing licenses. (c) Two free fishing days exist under California law, and it is the intent of the Legislature that two free hunting days be established to permit California residents to engage in hunting under certain conditions. SEC. 2. Section 3040 is added to the Fish and Game Code, to read: 3040. (a)  The commission, in consultation with the department, shall   Notwithstanding Section 3031, the director may  designate two days per year as "Free Hunting Days." One free hunting day  shall   may  be established during the fall hunting season, and the other free hunting day  shall   may  be established during the winter hunting season. The department shall publish the exact dates of the free hunting days in annual publications of the department regarding current hunting regulations. (b) During a free hunting day, a California resident who  does not possess a valid hunting license   has never previously held a valid hunting license issued by the State of California  may hunt if accompanied by a hunter who holds a valid hunting license issued by the State of California, has held a valid hunting license for at least the last three consecutive years, and is at least 18 years of  age, provided that the unlicensed hunter is under the direct visual supervision of the licensed hunter at all times. A licensed hunter may accompany more than one unlicensed hunter.   age. While engaged in hunting activities, the unlicensed hunter shall remain in close visual and verbal contact with the licensed hunter at all times so that the licensed hunter is able to provide adequate direction and immediately assume control of a firearm from the unlicensed hunter at any time.  (c) The department may require an unlicensed hunter, prior to being authorized to participate in a free hunting day, to demonstrate the safe operation of the firearm he or she intends to use. The authorized individuals who may evaluate whether the unlicensed hunter properly demonstrated the safe operation of a firearm are federally licensed firearms dealers with a State Certificate of Eligibility, an employee of such a federally licensed dealer, a Hunter Education Instructor certified by the department, or a licensed hunter who has held a valid hunting license for at least the last three consecutive years. The department may accept a signed affidavit from any of the authorized individuals as proof that the unlicensed hunter has complied with this subdivision. (d) On free hunting days, the department may prohibit unlicensed hunters hunting pursuant to this section from taking the following: (1) Any species that requires a draw or lottery to obtain a tag. (2) Any species that is subject to a federal stamp or reporting requirement, unless federal law provides an applicable exemption.  (e) An unlicensed hunter hunting pursuant to this section is subject to all of the limitations, restrictions, conditions, statutes, rules, and regulations applicable to the holder of a valid hunting license.   (f) All of the unlicensed hunter's take shall be attributable to the supervising licensed hunter's take limits.   (g) The department may adopt regulations to implement this section that include additional minimum requirements and restrictions for a licensed hunter or unlicensed hunter participating in a free hunting day pursuant to this section.