California Assembly Bill AB2402 Amended / Bill

 BILL NUMBER: AB 2402AMENDED BILL TEXT 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 Section 219 of the Code of Civil Procedure,  to amend Sections 37, 39, 700, 1002,  2068, 2070, 2071, 2071.5, 2072.7, 2073, 2073.3, 2073.5, 2073.7, 2074, 2074.2, 2074.4, 2074.6, 2074.8, 2075, 2075.5, 2076.5, 2077, 2078, 2079, 2080, 2082, 2084,  2089.4, 2536, 2540, 3031.2, 6651, 7149.8,  and  8598.3  , and 13014  of,  and  to add Sections 13.5, 33, 43,  702.1,  703.3, 703.5, 715, 1020, 1065,  1617, 1803, 2081.2, 2090,  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,  and  to amend Section 12805 of the Government Code,  to amend Section 4800 of the Labor Code, and to amend Section 633 of the Penal Code,  relating to fish and wildlife resources  and making an appropriation therefor  . LEGISLATIVE COUNSEL'S DIGEST AB 2402, as amended, Huffman. Department of Fish and  Game:   Game and  Fish and Game  Commission: entitlements: fees: violations.   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 findings and declarations of the Legislature concerning the process of developing a strategic vision for the department and the commission pursuant to Chapter 424 of the Statutes of 2010, as specified.  The   This 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. This bill would   permit 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.  The   The  bill would state the intent of the Legislature regarding department and commission partnerships and collaborations with other agencies and stakeholders.  This bill would provide that it is the intent of the Legislature that the department is encouraged, to the extent feasible and subject to available resources, to establish and coordinate an environmental crimes task force.  This bill would rename the department the Department of Fish and Wildlife  Conservation  , 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, and would require their continued use until exhausted or unserviceable. The bill would require the Director of Fish and  Game   Wildlife Conservation  , in consultation with the Natural Resources Agency, to establish an independent science advisory panel to provide advice and recommendations to the department and the commission.  The bill would require the department to develop and adopt a method to impose and collect entry pass fees for visitors who are engaging in nonconsumptive uses, as defined, at state wildlife refuges and other lands managed by the department that are open to the public. The bill would require the department, where, in the determination of the department, it is feasible and cost effective, to make entry passes available for purchase onsite, and to modify its online processes for purchase of entry passes and warden stamps to make these systems user-friendly for nonconsumptive users.   This 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.   The bill would require the director, at least 30 days before submitting the department's proposed annual budget requests to the Governor, to give the commission an opportunity to review and provide comment on the proposed annual budget requests.  (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 licences or permits. The bill would require the department to adjust the amount of the fees for scientific collecting permits as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission 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. This bill would require the department, by January 1, 2015, to modify its Automated License Data System to include information on all violations of the code and regulations adopted pursuant to the code. The bill would require the department, by January 1, 2015, to modify electronic field equipment utilized by fish and game wardens to give fish and game wardens access to Automated License Data System information in the field.  This bill would require the department to maintain a statewide electronic system to manage citations issued by fish and game wardens, to the extent feasible, as prescribed.  (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.  Existing   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 Fish and Game Preservation Fund and used for prescribed purposes.   (5)     Existing  law establishes specific accounts within the  fund   Fish and Game   Preservation 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) Under existing law, the department is permitted to issue a permit to take or possess a species for scientific, educational, or propagation purposes, as prescribed.   This bill would permit the department to authorize in this permit the incidental take of a species, as defined, if the department determines that the take of the species is reasonably necessary to fulfill the scientific, educational, or propagation purpose of the permit.   (7) Existing law generally provides for the execution of lake or streambed alteration agreements by the Department of Fish and Game, and persons, state or local governmental agencies, or public utilities for the purpose of regulating the conduct of activities that affect a river, stream, or lake, and thereby affect the protection and conservation of fish and wildlife.   This bill would permit the department to authorize in this agreement the incidental take of a species, as defined, if the department determines that the take of the species is reasonably necessary to complete the project or will facilitate the protection of affected fish or wildlife resources by the project.   (8) Existing law, the California Environmental Quality Act requires a lead agency to prepare and certify the completion of an environmental impact report on a project, as defined, that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. Under existing law, the department, as trustee for fish and wildlife resources, is required to consult with lead and responsible agencies, as prescribed.   This bill would permit the department, when the department serves as the lead or responsible agency or in connection with the department's consultations with the lead and responsible agencies, to authorize, in writing, the incidental take of a species, as defined, if the department determines that the take of the species is reasonably necessary to complete the project or will facilitate the mitigation measures imposed on the project.   (9) Existing law, the California Endangered Species Act (CESA) requires the commission to establish a list of endangered species and a list of threatened species, and requires the department to recommend, and the commission to adopt, criteria for determining if a species is endangered or threatened. Under existing law, an interested person may petition the commission to add a species to, or remove a species from, either the list of endangered species or the list of threatened species, and existing law requires the commission to consider the petition, as prescribed.   This bill would instead require the department to establish a list of endangered species and a list of threatened species, and would require the department to adopt criteria for determining if a species is endangered or threatened. This bill would require an interested person to petition the department and require the department to consider the petition, as specified.   (10) Under existing law, CESA authorizes the department to authorize the take of threatened species, endangered species, or candidate species by permit if certain requirements are met. Existing law provides that nothing in CESA or any other law prohibits the taking or incidental taking of any endangered, threatened, or candidate species, if the taking was authorized by the department through a permit or memorandum of understanding and certain conditions are met.   This bill would permit the department to authorize in these permits or memoranda of understanding the incidental take of a species, as defined, if the department determines that the take of the species is reasonably necessary to complete the project or facilitate the minimization and full mitigation of the incidental take of endangered, threatened, or candidate species resulting from the project.   This bill would prohibit a state or local agency from carrying out, approving, or funding any project, as defined, on mitigation lands, as defined, unless it requires a project proponent, as defined, to receive incidental take authorization or a written determination, as specified. This bill would also prohibit a project proponent from undertaking any project on mitigation land unless the proponent receives this authorization or written determination.   (11) Existing law establishes in the Special Deposit Fund, the Fish and Game Mitigation and Protection Endowment Principal Account with money in the account available upon appropriation by the Legislature, and the Fish and Game Mitigation and Protection Expendable Funds Account with money in the account continuously appropriated to the department for specified purposes. The department may deposit moneys in these accounts for purposes that include mitigating adverse biological impacts of a specific project, activity, spill, or release, and protecting, conserving, restoring, enhancing, managing, and maintaining fish, wildlife, native plants, or their habitats. Existing law requires the Treasurer, at the department's request, to transfer those funds from the Pooled Money Investment Account to another account within the State Treasury system to increase earnings over time while providing adequate liquidity. Existing law also authorizes the department to retain investment advisers to develop and maintain the investment strategy for these accounts.   This bill would instead authorize the department to invest or direct the investment of the assets of these accounts through the purchase, holding, or sale of any investment, financial instrument, or financial transaction when prudent in the informed opinion of the department. This bill would also authorize the department to contract with a person or entity, as specified, that has demonstrated expertise in the management of diverse investment portfolios.   Existing law, the Uniform Prudent Management of Institutional Funds Act (UPMIFA) governs the management and use of endowed institutional funds held by charitable institutions. UPMIFA, among other things, provides that a rebuttable presumption of imprudence is created by the appropriation for expenditure in any year of an amount greater than 7% of the fair market value of an endowment fund, calculated as prescribed.   This bill would require the department to hold, manage, and invest all moneys in the Fish and Game Mitigation and Protection Endowment Principal Account and the Fish and Game Mitigation and Protection Expendable Funds Account consistent with the management and investment principles set forth in UPMIFA. This bill would also continuously appropriate to the department moneys in the Fish and Game Mitigation and Protection Endowment Principal Account, subject to the limitations imposed by the presumption described above.   (12) Existing law excludes specified law enforcement personnel from the prohibition against recording communications without the consent of the parties.   This bill would add any law enforcement officer of the department to the list of law enforcement personnel excluded from the prohibition.   (13) Existing workers' compensation law provides that whenever any member of the Department of Justice falling within the "state peace officer/firefighter" class or when a harbor policeman 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 provide that the above provision also applies to a law enforcement officer employed by the department.   (14) Existing law exempts certain peace officers from voir dire in civil and criminal matters, and other specified peace officers from voir dire in criminal matters.   This bill would exempt from voir dire in criminal matters peace officers employed by the department, as specified.  Vote: majority. Appropriation:  no   yes  . 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) 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.   Section 219 of the   Code of Civil Procedure  is amended to read:  219. (a) Except as provided in subdivision (b), the jury commissioner shall randomly select jurors for jury panels to be sent to courtrooms for voir dire. (b) (1) Notwithstanding subdivision (a), no peace officer, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivision (a) of Section 830.33, of the Penal Code, shall be selected for voir dire in civil or criminal matters. (2) Notwithstanding subdivision (a), no peace officer, as defined in subdivisions  (b) and   (b),  (c)  , and (e)  of Section 830.2 of the Penal Code, shall be selected for voir dire in criminal matters.  SEC. 2.   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. 3.   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 scientific knowledge evolves.  SEC. 4.   SEC. 5.  Section 37 of the Fish and Game Code is amended to read: 37. "Department" means the Department of Fish and Wildlife  Conservation  .  SEC. 5.   SEC. 6.  Section 39 of the Fish and Game Code is amended to read: 39. "Director" means the Director of Fish and Wildlife  Conservation  .  SEC. 6.   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. 7.   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  Conser   vation  administered through the director. (b) The Department of Fish and Wildlife  Conservation  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."   Wildlife Conservation."  (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  Conservation  , 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. The department shall maintain a statewide electronic system to manage citations issued by fish and game wardens and, to the extent feasible, the department shall do all of the following: (a) Electronically file citations with the court. (b) Receive electronic reporting from courts on case dispositions. (c) Electronically track-court imposed fines and penalties to ensure collection of funds by the department. (d) Electronically report court dispositions to the Automated License Data System to enhance tracking of violations and allow efficient handling of license or permit suspensions, revocations, or court orders.   SEC. 8.   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. 9.   SEC. 11.  Section 703.5 is added to the Fish and Game Code, to read: 703.5. It is the intent of the Legislature 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. To that end, the department and commission are encouraged to 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. 10.   SEC. 12.  Section 715 is added to the Fish and Game Code, to read: 715. (a) As used in this section, "panel" means the independent science advisory panel established pursuant to subdivision (b). (b) The director, in consultation with the Natural Resources Agency, shall establish an independent science advisory panel to provide advice and recommendations to the department and the commission. The panel shall be composed of no more than 10 members recommended by the director and approved by the Secretary of the Natural Resources Agency. The term of office shall be for five years. A member shall not serve more than two consecutive terms and shall not receive state compensation for membership on the panel. Members of the panel shall be 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. The purpose of the panel shall be to assist the department and the commission in establishing an independent and objective view of the scientific issues underlying important policy decisions. (c) The duties of the panel shall include, but not necessarily be limited to, the following: (1) Providing oversight 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. (d) The panel may recommend and consult with 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). (e) The panel shall develop a proposed 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. (f) For marine fisheries and other marine resources, the department may utilize the California Ocean Science Trust for the purposes of this section.  SEC. 11.   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 commission 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 24 months from the date of issuance to a resident of this state on the payment of a base fee of thirty dollars ($30), 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 for either of the following purposes: (1) To authorize only the banding of birds and the exhibition of live or dead wildlife specimens by public zoological gardens, scientific, or educational institutions. (2) To a student who is regularly enrolled in a commercial fishing class in a school operating under the jurisdiction of the State Board of Education or in a commercial fishing class in a community college and to a faculty member of those schools or a community college when conducting a regularly enrolled class in commercial fishing. Any permit issued under this paragraph shall be valid only when the student is under the direct supervision of the instructor who is approved by the school or community college to teach the class and who has obtained a permit under subdivision (b) or this paragraph from the department. All fish taken shall be taken in accordance with state law, except that Sections 7850, 7880, and 7881 do not apply to persons or equipment operating under this paragraph. All fish taken under a permit issued under this paragraph 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 the commercial fishing classes. (d) The department may issue a special student permit that is valid for 12 months from the date of issuance on the payment of a base fee of ten dollars ($10), as adjusted under Section 713, to any student in a school of collegiate level who is required by an instructor in wildlife research in the school 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. (e) The department may issue a nonresident permit that is valid for 24 months from the date of issuance on application and payment of a base fee of one hundred dollars ($100) as adjusted under Section 713. (f) It is not necessary for the possessor of the permit to have a sport fishing or hunting license to collect any fish, reptile, aquatic animal or plant, bird, or mammal for scientific, educational, or propagation purposes in this state. (g) Nothing in this section authorizes any act which violates Section 597 of the Penal Code. (h) 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.  (i) (1) In any permit issued pursuant to subdivision (a), the department may authorize the incidental take of any species, as defined in paragraph (2), if the department determines that the take of the species is reasonably necessary to fulfill the scientific, educational, or propagation purpose of the permit. The department may impose terms and conditions on the take of species pursuant to this subdivision.   (2) For the purposes of this section, species means a species that is not any of the following species: (A) An endangered species, threatened species, or candidate species pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3. (B) A fully protected species pursuant to Section 3511, 4700, 5050, or 5515. (C) A species protected by Section 3503, 3503.5, or 3513. (D) A specially protected species pursuant to Section 4800.   (i)   (j)  The adjustment of the base fees pursuant to Section 713 that is specified in subdivisions (b), (d), and (e) shall be applicable to permits issued on or after January 1, 1991.  (j)   (k)  The department shall adjust the amount of the fees specified in subdivisions (b), (d), and (e) as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those permits.  SEC. 12.   Section 1020 is added to the Fish and Game Code, to read: 1020. The department shall develop and adopt a method to impose and collect entry pass fees for visitors who are engaging in nonconsumptive uses at state wildlife refuges and other lands managed by the department that are open to the public. Where, in the determination of the department, it is feasible and cost effective, the department shall make entry passes available for purchase onsite, and shall also modify its online processes for purchase of entry passes and warden stamps to make these systems user-friendly for nonconsumptive users. As used in this section, "nonconsumptive uses" means compatible uses other than hunting or fishing.   SEC. 14.   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. 13.   SEC. 15.  Section 1065 is added to the Fish and Game Code, to read: 1065. The department, by January 1, 2015, shall modify its Automated License Data System to include information on all violations of this code and regulations adopted pursuant to this code. The department, by January 1, 2015, shall modify electronic field equipment utilized by fish and game wardens to give fish and game wardens access to Automated License Data System information in the field.  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 1617 is added to the   Fish and Game Code   , to read:   1617. (a) In any agreement issued pursuant to subdivision (a) of Section 1602 the department may authorize the incidental take of any species, as defined in subdivision (b), if the department determines that the take of the species is reasonably necessary to complete the project or will facilitate the protection of affected fish or wildlife resources by the project. The department may impose terms and conditions on the take of a species authorized pursuant to this section. (b) For the purposes of this section, species means a species that is not any of the following species: (1) An endangered species, threatened species, or candidate species pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3. (2) A fully protected species pursuant to Section 3511, 4700, 5050, or 5515. (3) A species protected by Section 3503, 3503.5, or 3513. (4) A specially protected species pursuant to Section 4800.   SEC. 18.   Section 1803 is added to the   Fish and Game Code   , to read:   1803. (a) When the department serves as the lead or responsible agency or in connection with the department's consultations with the lead and responsible agencies pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the department may authorize, in writing, the incidental take of any species, as defined in subdivision (b), if the department determines that the take of the species is reasonably necessary to complete the project to be approved by the lead or responsible agency or will facilitate the mitigation measures imposed on the project by the lead or responsible agency. The department may impose terms and conditions on the take of a species authorized pursuant to this section. (b) For the purposes of this section, species means a species that is not any of the following species: (1) An endangered species, threatened species, or candidate species pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3. (2) A fully protected species pursuant to Section 3511, 4700, 5050, or 5515. (3) A species protected by Section 3503, 3503.5, or 3513. (4) A specially protected species pursuant to Section 4800.   SEC. 19.   Section 2068 of the   Fish and Game Code   is amended to read:  2068. "Candidate species" means a native species or subspecies of a bird, mammal, fish, amphibian, reptile, or plant that the commission  or, after January 1, 2013, the department,  has formally noticed as being under review by the department for addition to either the list of endangered species or the list of threatened species, or a species for which the commission has published a notice of proposed regulation to add the species to either list.  SEC. 20.   Section 2070 of the   Fish and Game Code   is amended to read:  2070. The  commission   department  shall establish a list of endangered species and a list of threatened species. The  commission   department  shall add or remove species from either list if it finds, upon the receipt of sufficient scientific information pursuant to this article, that the action is warranted.  SEC. 21.   Section 2071 of the   Fish and Game Code   is amended to read:  2071. The  commission   department  shall adopt guidelines by which an interested person may petition the  commission   department  to add a species to, or to remove a species from either the list of endangered or the list of threatened species.  SEC. 22.   Section 2071.5 of the   Fish and Game Code   is amended to read:  2071.5. The department shall  recommend, and the commission shall adopt,   adopt  criteria for determining if a species is endangered or threatened.  SEC. 23.   Section 2072.7 of the   Fish and Game Code   is amended to read:  2072.7. The department may, in the absence of a petition from an interested party,  recommend to the commission that it   prepare its own petition to  add a species to, or remove a species from, either the list of endangered species or the list of threatened species. If  it makes a recommendation   the department prepares its own petition  under this section, the department shall include the information specified in Section 2072.3. A department  recommendation under this section shall be considered by the commission as a  petition  with a departmental recommendation to accept and consider   prepared pursuant to this section shall be considered  as described in subdivision (b) of Section 2073.5, and is subject to Sections 2074 to 2079, inclusive.  SEC. 24.   Section 2073 of the   Fish and Game Code   is amended to read:  2073. Within 10 days of the receipt of a petition from an interested person under Section 2072.3, the  commission   director  shall refer the petition to the  appropriate staff within the  department  for evaluation  .  SEC. 25.   Section 2073.3 of the   Fish and Game Code   is amended to read:  2073.3. (a) The  commission   department  shall publish a notice in the California Regulatory Notice Register of the receipt of a petition prepared pursuant to Section 2072.3 by the department, or by an interested party and referred to the department, pursuant to Section 2073, or the commencement of an evaluation, to add a species to, remove a species from, or change the status of a species on, the list of endangered species or the list of threatened species pursuant to Section 2072.7. At a minimum, the notice shall include all of the following: (1) The scientific and common name of the species. (2) Habitat type, if that information is available in the petition. (3) The location where interested persons can submit information to the department relating to the petitioned species. (b) The  commission   department  shall notify interested persons pursuant to Section 2078, by mail, of the notices prepared pursuant to subdivision (a), and shall mail a copy of the notice to those persons.  SEC. 26.   Section 2073.5 of the   Fish and Game Code   is amended to read:  2073.5. (a) Within 90 days of receipt of the petition, the department shall evaluate the petition on its face and in relation to other relevant information the department possesses or receives, and  submit to the commission its   prepare a  written evaluation report with one of the following recommendations  to the commission  : (1) Based upon the information contained in the petition, there is not sufficient information to indicate that the petitioned action may be warranted, and the petition should be rejected. (2) Based upon the information contained in the petition, there is sufficient information to indicate that the petitioned action may be warranted, and the petition should be accepted and considered. (b)  Upon the request of the director, the commission   The director  may grant  the department  an extension of time, not to exceed 30 days, to allow the department additional time to further analyze and evaluate the petition and complete its evaluation report. (c) The department's evaluation report shall include copies of, or a list of, all information submitted to the department pursuant to subdivision (a) of Section 2073.4 during its evaluation of the petition. If copies are not included, the report shall state where the listed information is available for review.  SEC. 27.   Section 2073.7 of the   Fish and Game Code   is amended to read:  2073.7. A petitioner may amend a petition at any time prior to the beginning of the meeting held by the  commission   department  pursuant to Section 2074.2. However, if the  commission   department  determines that the amendment is substantive, the  commission   department  shall  resubmit the petition to the department for   further  review  the petition  pursuant to Section 2073.5, publish notice of the amendment pursuant to Section 2073.3, and renotice or continue any hearing scheduled pursuant to Section 2074 in order to provide adequate opportunity for public comment.  SEC. 28.   Section 2074 of the   Fish and Game Code   is amended to read:  2074. The  commission   department  shall schedule the petition for consideration at  its next available   a public  meeting, but not sooner than 30 days after receipt of the petition and public release of the evaluation report, and distribute its pending agenda to interested persons pursuant to Section 2078. The  commission   department  also shall make the petition, evaluation report, and other materials received available for review.  SEC. 29.   Section 2074.2 of the   Fish and Game Code   is amended to read:  2074.2. (a) At the  scheduled  meeting  scheduled pursuant to Section 2074  , the  commission   director or the director's designee  shall  consider   hold a public hearing on  the petition  , the department's written report, and comments received, and the commission shall make and enter in its public record one of the following findings:   and shall receive information, written or otherwise, and oral testimony. After the conclusion of oral testimony from department staff, the petitioner, or any other persons, the department may close the public hearing and administrative record for the department's decision pursuant to this section.   (b) After the department closes the public hearing, the administrative record for the department's decision is closed and it shall not be reopened except as provided in subdivision (c). Once the public hearing is closed no person shall submit further information to the department for consideration on that petition and the department shall not accept any further information for consideration on that petition except as provided in subdivision (c).   (c) The administrative record for the department's decision pursuant to this section shall not be reopened once the department closes the public hearing unless one of the following occurs prior to the department's decision:   (1) There is a change in state or federal law or regulation that has a direct and significant impact on the department's determination as to whether the petition provides sufficient information to indicate that the petitioned action may be warranted.   (2) The department determines that it requires further information to evaluate whether the petition provides sufficient information to indicate that the petitioned action may be warranted. If the department makes that determination during its deliberation, the department may request, on the record at the scheduled meeting or at a continued meeting, further information on any issue relevant to making its determination as to whether the petition provides sufficient information to indicate that the petitioned action may be warranted. Any request by the department pursuant to this paragraph shall specify a date by which the information must be submitted to the department and shall serve to reopen the administrative record for the limited purpose of receiving further information relating to the issues specified by the department in the request. Department staff, the petitioner, or any other person may submit information in response to a request pursuant to this paragraph.   (d) Within 90 days of the meeting scheduled pursuant to Section 2074, the department shall consider the petition, the department's written report, written comments received, and oral testimony provided during the public hearing, and the department shall make and publish in the California Regulatory Notice Register one of the following findings:  (1) If the  commission   department  finds that the petition does not provide sufficient information to indicate that the petitioned action may be warranted, the  commission   department  shall publish a notice of finding that the petition is rejected, including the reasons why the petition is not sufficient. (2) If the  commission   department  finds that the petition provides sufficient information to indicate that the petitioned action may be warranted, the  commission   department  shall publish a notice of finding that the petition is accepted for consideration. If the accepted petition recommends the addition of a species to either the list of endangered species or the list of threatened species, the  commission   department  shall include in the notice that the petitioned species is a candidate species. The  commission   department  shall maintain a list of species which are candidate species.  (b)   (e)  The  commission   department  shall publish and distribute the findings relating to the petition pursuant to Section 2078.  SEC. 30.   Section 2074.4 of the   Fish and Game Code   is amended to read:  2074.4. If a petition is accepted by the  commission   department  for consideration, all reasonable attempts shall be made to notify affected and interested parties and to solicit data and comments on the petitioned action from as many persons as is practicable. In addition to  commission   department  efforts to provide notification through distribution of the  commission  agenda and minutes pursuant to Section 2078, the department shall immediately undertake efforts to notify affected and interested parties. Methods of notification may include, but are not limited to, correspondence, newspaper notices, and press releases, and notification shall include notice to owners of that land which may provide habitat essential to the continued existence of the species, unless the director determines that ownership is so widespread, fragmented, or complex as to make individual notice impractical.  SEC. 31.   Section 2074.6 of the   Fish and Game Code   is amended to read:  2074.6. The department shall promptly commence a review of the status of the species concerned in the petition. Within 12 months of the date of publication of a notice of acceptance of a petition for consideration  by the commission  pursuant to paragraph (2) of subdivision  (a)   (d)  of Section 2074.2, the department shall  provide   produce and make publicly available on the   department's Internet Web   site  a written  peer reviewed  report  to the commission  , based upon the best scientific information available to the department, which indicates whether the petitioned action is warranted, which includes a preliminary identification of the habitat that may be essential to the continued existence of the species, and which recommends management activities and other recommendations for recovery of the species.  The department shall amend the draft status review report as appropriate to incorporate scientific information from the independent peer review. The revised report shall be posted on the department's Internet Web site for a minimum of 30 days for public review prior to the hearing scheduled pursuant to Section 2075. An extension of up to six months time may be granted if the director determines an extension is   necessary to complete independent peer review of the report, and to provide a minimum of 30 days for public review of the peer reviewed report prior to the public hearing specified in Section   2075.   SEC. 32.   Section 2074.8 of the   Fish and Game Code   is amended to read:  2074.8. Nothing in this article imposes any duty or obligation for, or otherwise requires, the commission or the department to undertake independent studies or other assessments of any species when reviewing a petition and its attendant documents and comments.  However, the department shall seek independent scientific peer review of the department's status report. The director may approve an extension of time for completion of the status report if necessary for the purposes of obtaini   ng independent peer review pursuant to Section 2074.6. The Independent Scientific Advisory Panel established pursuant to Section 715 may assist the department in identifying appropriate nondepartment scientists with expertise in the species being   considered for listing to provide independent peer review.   SEC. 33.   Section 2075 of the   Fish and Game Code   is amended to read:  2075. The  commission   department  shall schedule the petition for final consideration at  its next available   a public  meeting  within 30 days  after  receipt of   closure of   the public comment period on  the departmental report provided pursuant to Section 2074.6 and shall distribute the pending agenda for that meeting pursuant to Section 2078. The  commission   department  shall make the department' s report, or copies thereof, which was provided, pursuant to Section 2074.6, available for review upon request.  SEC. 34.   Section 2075.5 of the   Fish and Game Code   is amended to read:  2075.5.  (a)    At the meeting scheduled pursuant to Section 2075, the  commission shall make one of the following findings:   director or the director's designee shall hold a public hearing on the petition and shall receive information, written or otherwise, and oral testimony. After the conclusion of oral testimony from department staff, the petitioner, or any other persons, the department may close the public hearing and   the administrative record for the department' s decision   pursuant to this   section.   (b) After the department closes the public hearing the administrative record for the department's decision is closed and it shall not be reopened except as provided in subdivision (c). Once the public hearing is closed no person shall submit further information to the department for consideration on that petition and the department shall not accept any further information for consideration on that petition except as provided in subdivision (c).   (c) The administrative record for the department's decision pursuant to this section shall not be reopened once the department closes the public hearing unless one of the following occurs prior to the department's decision:   (1) There is a change in state or federal law or regulation that has a direct and significant impact on the department's determination as to whether the petition provides sufficient information to indicate that the petitioned action may be warranted.   (2) The department determines that it requires further information to evaluate whether the petition provides sufficient information to indicate that the petitioned action may be warranted. If the department makes that determination during its deliberation, the department may request, on the record at the scheduled meeting or at a continued meeting, further information on any issue relevant to making its determination as to whether the petition provides sufficient information to indicate that the petitioned action may be warranted. Any request by the department pursuant to this paragraph shall specify a date by which the information must be submitted to the department and shall serve to reopen the administrative record for the limited purpose of receiving further information relating to the issues specified by the department in the request. Department staff, the petitioner, or any other person may submit information in response to a request pursuant to this paragraph.   (d) Within 90 days of the meeting scheduled pursuant to Section 2075 the department shall consider the petition, the department's written report, written comments received, and oral testimony provided during the public hearing, and the department shall make and publish in the California Regulatory Notice Register one of the following findings:  (1) The petitioned action is not warranted, in which case the finding shall be entered in the public records of the  commission   department  and the petitioned species shall be removed from the list of candidate species maintained pursuant to Section 2074.2. (2) The petitioned action is warranted, in which case the  commission   department  shall publish a notice of that finding and a notice of proposed rulemaking pursuant to Section 11346.4 of the Government Code to add the species to, or remove the species from, the list of endangered species or the list of threatened species. Further proceedings of the  commission   department  on the petitioned action shall be made in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.  SEC. 35.   Section 2076.5 of the   Fish and Game Code   is amended to read:  2076.5. Notwithstanding Sections 2071 to 2075.5, inclusive, the  commission   department  may adopt a regulation which adds a species to the list of endangered species or to the list of threatened species as an emergency regulation pursuant to Article 1.5 (commencing with Section 240) to Chapter 2 of Division 1 if the  commission   department  finds that there is any emergency posing a significant threat to the continued existence of the species. The  commission  department  shall notify affected or interested persons of the adoption of such an emergency regulation pursuant to the methods described in Section 2074.4.  SEC. 36.   Section 2077 of the   Fish and Game Code   is amended to read:  2077. (a) The department shall review species listed as an endangered species or as a threatened species every five years to determine if the conditions that led to the original listing are still present. The review shall be conducted based on information which is consistent with the information specified in Section 2072.3 and which is the best scientific information available to the department. The review shall include a review of the identification of the habitat that may be essential to the continued existence of the species and the department's recommendations for management activities and other recommendations for recovery of the species. The department shall notify any person who has notified the  commission   department  , in writing with their address, of their interest, and the department may notify any other person. (b) Review of species that are listed by both the commission  or the department  and the United States Department of Interior will be conducted in conjunction with the five-year review process of the United States Department of Interior. (c) Initial review of those species listed by the commission before January 1, 1982, that are not listed by the federal government shall be undertaken and completed by July 1, 1987. Initial review of those species listed by the commission  or the department  after January 1, 1982, that are not listed by the federal government shall be undertaken and completed within five years of the date the species was originally listed by the commission  or the department  . (d) Notwithstanding any other provision of this section,  the commission or  the department may review a species at any time based upon a petition or upon other data available to the department  and the commission  . (e) The department shall report in writing  to the commission   and   make publicly available  the results of its five-year review for each listed species. The  commission   department  shall treat any report of the department under this subdivision which contains a recommendation to add a species to, or remove a species from, the list of endangered species or the list of threatened species as a department recommendation submitted pursuant to Section 2072.7.  SEC. 37.   Section 2078 of the  Fish and Game Code   is amended to read:  2078. (a) To provide all interested persons access to information and notification of pending listing or delisting actions, the  commission   department  shall distribute the related agenda of pending actions and those portions of its minutes of actions taken under this article to any individuals who have notified the  commission   department  , in writing with their address, of their interest. This notification shall be published in the California Regulatory Notice Register and shall meet the requirements of public notice as required for  commission   department  action under Section 2073.3, 2074, 2074.2, 2075, or 2077. (b) The  commission   department  may impose an annual fee on those persons who request inclusion on the list to be notified in order to offset the cost of establishing and maintaining the list, and preparing and mailing the notices. Fees received pursuant to this section shall be deposited in the Fish and Game Preservation Fund.  SEC. 38.   Section 2079 of the   Fish and Game Code   is amended to read:  2079. The department shall, by January 30 of every third year, beginning January 30, 1986, prepare a report summarizing the status of all state listed endangered, threatened, and candidate species, and shall submit the report to  the commission,  the Legislature, the Governor, and all individuals who have notified the  commission   department  , in writing with their address, of their interest. This report shall include, but not be limited to, a listing of those species designated as endangered, threatened, and candidate species, a discussion of the current status of endangered, threatened, or candidate species, and the timeframes for the review of listed species pursuant to this article.  SEC. 39.   Section 2080 of the   Fish and Game Code   is amended to read:  2080. No person shall import into this state, export out of this state, or take, possess, purchase, or sell within this state, any species, or any part or product thereof, that the commission  or, after January 1, 2013, the department  determines to be an endangered species or a threatened species, or attempt any of those acts, except as otherwise provided in this chapter, the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of this code), or the California Desert Native Plants Act (Division 23 (commencing with Section 80001) of the Food and Agricultural Code).  SEC. 40.   Section 2081.2 is added to the   Fish and Game Code   , to read:   2081.2. (a) In any permit or memorandum of understanding issued pursuant to subdivision (a) or (b) of Section 2081, the department may authorize the incidental take of any species, as defined in subdivision (b), if the department determines that the take of the species is reasonably necessary to complete the project or will facilitate the minimization and full mitigation of the incidental take of endangered species, threatened species, or candidate species resulting from the project. The department may impose terms and conditions on the take of a species authorized pursuant to this section. (b) For the purposes of this section, species means a species that is not any of the following species: (1) An endangered species, threatened species, or candidate species pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3. (2) A fully protected species pursuant to Section 3511, 4700, 5050, or 5515. (3) A species protected by Section 3503, 3503.5, or 3513. (4) A specially protected species pursuant to Section 4800.   SEC. 41.   Section 2082 of the   Fish and Game Code   is amended to read:  2082. This chapter does not prohibit the sale of any endangered species or threatened species, or any part or product thereof, when the owner can demonstrate that the species, or part or product thereof, was in the person's possession before the date upon which the commission  or after   January 1, 2013, the department  listed the species as an endangered species or threatened species or as an endangered animal or rare animal prior to January 1, 1985, and shall not prohibit the sale of that part or product by an individual not normally engaged in that sale if it was originally possessed by the seller for the seller's own use and so used by that seller. However, it shall be unlawful to sell any species, or part or product thereof, if that sale would have been unlawful prior to the date upon which the commission added the species to the listing of endangered species or threatened species or to the listing of endangered animals or rare animals prior to January 1, 1985.  SEC. 42.   Section 2084 of the   Fish and Game Code   is amended to read:  2084. The  commission   department  may authorize, subject to terms and conditions it prescribes, the taking of any candidate species, or the taking of any fish by hook and line for sport that is listed as an endangered, threatened, or candidate species.  SEC. 14.   SEC. 43.  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  Conservation  , 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. 44.   Section 2090 is added to the   Fish and Game Code   , to read:  2090. (a) The Legislature finds and declares all of the following: (1) The provisions of this chapter require applicants for incidental take permits pursuant to subdivision (b) of Section 2081 to ensure that all impacts to endangered, threatened, and candidate species listed pursuant to this chapter are minimized and fully mitigated. (2) The provisions of Chapter 10 (commencing with Section 2880) of Division 3 require natural community conservation plans to provide for the protection of habitat for covered species, natural communities, and species diversity on a landscape or ecosystem level through the creation and long-term management of habitat reserves. (3) The provisions of Chapter 6 (commencing with Section 1600) of Division 2 require persons performing activities covered by that chapter that may substantially adversely affect an existing fish or wildlife resource to perform reasonable measures to protect the affected resources, including providing compensatory mitigation in the form of fish and wildlife habitat. (4) To satisfy the full mitigation standard of this chapter, the conservation standard of Chapter 10 (commencing with Section 2880) of Division 3, and the resource protection requirements of Chapter 6 (commencing with Section 1600) of Division 2, applicants must typically provide for permanent or long-term protection of habitat lands for mitigation and conservation purposes. (5) Although the approval of projects on previously designated mitigation lands is generally inconsistent with the Legislature's desire for the permanent management of mitigation lands to fulfill their intended purpose, federal agencies cannot always ensure permanent or long-term restrictions on the use of lands designated as mitigation land due to unforeseen circumstances and needs, existing statutory or regulatory limitations, or because doing so would impermissibly predetermine the course of public decisionmaking processes. (6) To ensure that the mitigation and conservation purposes of mitigation lands are not compromised when federal, state, or local public agencies approve projects on previously designated mitigation lands that are incompatible with those purposes, it is necessary to have available other mechanisms for ensuring the permanent or long-term protection of the habitat values protected by those mitigation lands. (7) Additive mitigation, as defined in paragraph (1) of subdivision (b), requires project proponents seeking to develop projects on mitigation land to make whole the state's affected fish, wildlife, and plant resources by both replacing the habitat lost as a result of the previous project for which the mitigation land served as mitigation and the habitat lost as a result of the development of the mitigation land itself. (8) Additive mitigation further requires the project proponent to provide an additional mitigation increment, equal to 20 percent of the acreage necessary to make whole the state's affected resources, as a deterrent to the development of projects on mitigation lands. (b) For purposes of this section, the following definitions apply: (1) "Additive mitigation" means suitable habitat for affected endangered, threatened, and candidate species listed pursuant to this chapter, covered species included as part of a reserve under a proposed or approved natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3, or species affected by activities covered by Chapter 6 (commencing with Section 1600) of Division 2, that is of equivalent or better quality than the habitat on the affected mitigation lands, in an amount equivalent to the sum of the following: (A) The number of acres of mitigation land affected by the project, to compensate for the loss of habitat resulting from the previous project for which the mitigation land served as mitigation. (B) The number of acres necessary to fully mitigate for the loss of the affected mitigation land in light of the habitat values of that land, to compensate for the loss of the mitigation land itself as habitat. (C) The number of acres equal to 20 percent of the total acres required by subparagraphs (A) and (B). (2) "Mitigation land" means any land used to satisfy any mitigation or conservation requirements relating to adverse impacts to or take of endangered, threatened, and candidate species listed pursuant to this chapter, covered species included as part of a reserve under a proposed or approved natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3, or species affected by activities covered by Chapter 6 (commencing with Section 1600) of Division 2. For purposes of this section, "mitigation land" includes only federal lands that the United States Bureau of Land Management has both designated as an Area of Critical Environmental Concern under the Federal Land Policy and Management Act of 1976, 43 U.S.C. Sec. 1701 et seq., and enrolled as part of the National Landscape Conservation System pursuant to 16 U.S.C. Sec. 7202 et seq. (3) "Project proponent" means any state or local agency or person proposing to carry out a project. (4) "Project" means any activity on or affecting existing mitigation land that will cause adverse impacts to or take of endangered, threatened, and candidate species listed pursuant to this chapter, covered species included as part of a reserve under a proposed or approved natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3, or species affected by activities covered by Chapter 6 (commencing with Section 1600) of Division 2. (c) No state or local agency shall carry out, approve, or fund any project on mitigation land unless it requires, as a condition of carrying out, approving, or funding the project that the project proponent first receives from the department either incidental take authorization pursuant to this chapter or Chapter 10 (commencing with Section 2800) of Division 3, a lake or streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2, or a written determination that the project will not adversely affect the mitigation land or result in adverse impacts to or take of any endangered, threatened, and candidate species listed pursuant to this chapter, covered species included as part of a reserve under a proposed or approved natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3, or species affected by activities covered by Chapter 6 (commencing with Section 1600) of Division 2. Any state or local agency approval or permit issued for a project subject to this section shall be conditional and shall not become effective until the project proponent receives from the department incidental take authorization or a determination of no adverse effect pursuant to this subdivision. (d) No project proponent shall undertake any project on mitigation land unless it first receives from the department either incidental take authorization pursuant to this chapter or Chapter 10 (commencing with Section 2800) of Division 3 or a written determination that the project will not adversely affect the mitigation land. (e) The department shall require, as a necessary condition of any incidental take authorization issued pursuant to either this chapter or Chapter 10 (commencing with Section 2880) of Division 3 for any project that will occur in whole or in part on mitigation land, that the project proponent provide additive mitigation for all project-related impacts to the mitigation land. (f) If a project will adversely affect mitigation land included as part of a reserve under a proposed or approved natural community conservation plan pursuant to Chapter 10 (commencing with Section 2880) of Division 3, the department shall require, and the project proponent shall ensure, that the additive mitigation required pursuant to subdivision (e) is located contiguous to, or connected by existing, protected corridors to, lands already protected for mitigation or conservation purposes for the benefit of the species protected by the mitigation lands affected by the project.   SEC. 15.   SEC. 45.  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. 16.   SEC. 46.  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. 17.   SEC. 47.  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. 18.   SEC. 48.  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. 19.   SEC. 49.  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. 20.   SEC. 50.  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. 21.   SEC. 51.  Section 12028 is added to the Fish and Game Code, to read: 12028. The Legislature finds and declares that: (a)  Egregious poaching   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  facilitate effective enforcement of the Fish and Game Code and  deter illegal poaching and other violations that adversely impact fish and wildlife, it is important that  courts be provided with up-to-date information on current Fish and Game Code prohibitions and penalties that have been enacted by the Legislature   the department coordinate with other law enforcement entities and the courts to facilitate effective enforcement and prosecution of these offenses  .  (c) It is therefore the intent of the Legislature to urge the Judicial Council to review and update the Uniform Bail and Penalty Schedule to include references to additional Fish and Game Code provisions not included in the Uniform Bail and Penalty Schedule currently.   (d) It is further the intent of the Legislature that courts in all 58 counties be informed of the availability of the updated Uniform Bail and Penalty Schedules once those are completed.   (c) It is the intent of the Legislature that the department be encouraged, to the extent feasible and subject to available resources, to 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. 52.   Section 13014 of the   Fish and Game Code   is amended to read:  13014. (a) There are hereby established, initially in the Special Deposit Fund, continued in existence by Section 16370 of the Government Code, both of the following accounts: (1) The Fish and Game Mitigation and Protection Endowment Principal Account. The department shall deposit in this account the endowment funds received by the department pursuant to an agreement described in subdivision (b) and all earnings generated thereon.  The earnings shall be available to the department, upon appropriation by the Legislature, to fund   Notwithstanding Section 13340 of the   Government Code, and subject to the limitations imposed by subdivision (d) of Section 18504 of the Probate Code, the moneys in the account established by this paragraph are hereby continuously appropriated to the department for expenditure without regard to fiscal years, for the purposes of funding  long-term management, enhancement, monitoring, and enforcement activities on habitat lands in a manner consistent with the terms of the underlying agreement. (2) The Fish and Game Mitigation and Protection Expendable Funds Account. The department shall deposit in this account moneys  ,  received pursuant to an agreement described in subdivision (b)  ,  that are not endowment funds and that are designated for expenditure for the purposes described in paragraph (2) of that subdivision. Notwithstanding Section 13340 of the Government Code, the moneys in the account established by this paragraph are hereby continuously appropriated to the department for expenditure without regard to fiscal year, for the purposes described in this section. (b) (1) The department may deposit moneys into the accounts established pursuant to subdivision (a) that it receives pursuant to any of the following, if those moneys are received for the purposes described in paragraph (2): (A) Agreements or permits pursuant to the Natural Communities Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3). (B) Conservation bank agreements. (C) Habitat conservation implementation agreements. (D) Incidental take permits. (E) Legal or other written settlements. (F) Mitigation agreements. (G) Streambed or lakebed alteration agreements. (H) Trust agreements. (2) The department may deposit the moneys received pursuant to an agreement described in paragraph (1) in an account established by this section only if it receives those moneys for at least one of the following purposes: (A) Mitigating the adverse biological impacts of a specific project, activity, spill, or release. (B) Protecting, conserving, restoring, enhancing, managing, and maintaining fish, wildlife, native plants, or their habitats. (c) While the Fish and Game Mitigation and Protection Endowment Principal Account and the Fish and Game Mitigation and Protection Expendable Funds Account are initially established in the Special Deposit Fund within the Pooled Money Investment Account, the Treasurer's office shall, at the department's request, transfer these funds from the Pooled Money Investment Account to another account within the State Treasury system to increase earnings over time while providing adequate liquidity. If either or both of these accounts are transferred from the Pooled Money Investment Account, assets in the transferred account or accounts may be held and invested  in any of the investments identified in Section 16430 of the Government Code, except that the maturity date of commercial paper may exceed the limits set forth in Section 16430 of the Government Code. These investments shall be made as determined and directed by the department   pursuant to subdivision (d)  .  (d) Notwithstanding the provisions of this chapter and any conflicting provisions of Part 2 (commencing with Section 16300) of Division 4 of the Government Code, the department may do all of the following:   (1) Invest or direct the investment of the assets of the Fish and Game Mitigation and Protection Endowment Principal Account and the Fish and Game Mitigation and Protection Expendable Funds Account through the purchase, holding, or sale of any investment, financial instrument, or financial transaction when the investment, financial instrument, or financial transaction is prudent in the informed opinion of the department.   (d) To develop and maintain the   (2)     For the purposes   of   developing and maintaining an  investment strategy for these accounts, the department may retain investment advisers deemed acceptable to the Treasurer  in the Treasurer's   reasonable discretion  .  (3) For the purposes of managing and investing assets in these accounts, the department may contract with a person or public, private, or nonprofit entity that is experienced, knowledgeable, and has demonstrated expertise in the management of diverse investment portfolios and that is deemed acceptable to the Treasurer in the Treasurer's reasonable discretion.   (e) The department shall hold, manage, and invest all moneys in the accounts established pursuant to subdivision (a) consistent with the management and investment principles set forth in the Uniform Prudent Management of Institutional Funds Act (Part 7 (commencing with Section 18501) of Division 9 of the Probate Code).   SEC. 22.   SEC. 53.  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. 23.   SEC. 54.  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  Conservation  , 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.  SEC. 55.   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 Conservation who are described in subdivision (e) of Section 830.2 of the Penal Code.   This   (c)     This  section shall apply to harbor policemen employed by the San Francisco Port Commission who are described in Section 20017.76 of the Government Code.  This   (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.  SEC. 56.   Section 633 of the   Penal Code   is amended to read:  633. Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits the Attorney General, any district attorney, or any assistant, deputy, or investigator of the Attorney General or any district attorney, any officer of the California Highway Patrol,  any law enforcement officer of the Department of Fish and Wildlife Conservation,  any chief of police, assistant chief of police, or police officer of a city or city and county, any sheriff, undersheriff, or deputy sheriff regularly employed and paid in that capacity by a county, police officer of the County of Los Angeles, or any person acting pursuant to the direction of one of these law enforcement officers acting within the scope of his or her authority, from overhearing or recording any communication that they could lawfully overhear or record prior to the effective date of this chapter. Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by the above-named persons by means of overhearing or recording any communication that they could lawfully overhear or record prior to the effective date of this chapter.