California Assembly Bill AB2402 Amended / Bill

 BILL NUMBER: AB 2402AMENDED BILL TEXT AMENDED IN SENATE AUGUST 21, 2012 AMENDED IN SENATE AUGUST 6, 2012 AMENDED IN SENATE JULY 3, 2012 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 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,   1002.5,  2089.4, 2099, 2536, 2540, 3031.2, 6651, 7149.8,  and  8598.3  , and 13014  of,  to amend, repeal, and add Sections 2074.2, 2074.6, 2074.8, and 2075.5 of,  to add Sections 13.5, 33, 43,  702.1,703.3,   702.1, 703.3,  703.5, 715, 1020,  1065, 1745, 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, to amend Section 12805 of the Government Code, and to amend Section 4800 of the Labor 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: Fish and Game 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  legislative  findings and declarations  of the Legislature concerning the process of developing   regarding the development of  a strategic vision for the department and the commission pursuant to Chapter 424 of the Statutes of 2010  , as specified. This   .   The  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   The  bill would authorize 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  , and to department and commission partnerships, collaborations, and coordination with other entities  .  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 state the intent of the Legislature to extend the conservation benefits derived from investments made as part of compensatory mitigation to public lands, and that the department work with the Bureau of Land Management and interested stakeholders to develop a viable solution that will ensure durable mitigation and protection of mitigation lands on federal lands in perpetuity.   This   The  bill would rename the department as the Department of Fish and Wildlife, and would make related changes  , including changing the name of the director to the Director of Fish and Wildlife  . 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 Wildlife, 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 director, in consultation with the Natural Resources Agency, to establish a prescribed formal program, and would authorize it to be called the Science Institute, to assist the department and commission in obtaining independent scientific review, advice, and recommendations to help inform the scientific work of the department and commission.   This   The  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. (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   licenses  or permits.  The bill would revise the scientific collecting permit provisions to extend the general permit period from 24 to 36 months, to add an application fee, and increase the permit fee from $30 to $300. The bill would also revise special student permit provisions for collegiate or commercial fishing class students to add an application fee of $25 and increase the permit fee from $10 to $50. The bill would delete an existing nonresident permit.  The bill would  require   authorize  the department to adjust the amount of the fees for scientific collecting permits  and special student 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   The  bill would require the department  , on or before January 1, 2016,  to  maintain a statewide electronic system to manage citations issued by fish and game wardens, to the extent feasible, as prescribed   prepare and submit to the relevant policy   and fiscal committees of the Legislature a feasibility study report on an electronic system to manage citations issued by fish and game wardens, exchange information on citations with the courts, and transfer data on court dispositions to the Automated License Data System  . (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. 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   fund  and used for prescribed purposes. (5) Existing law establishes specific accounts within the  Fish and Game Preservation Fund   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) Existing law requires the Department of Fish and Game to operate lands, or lands and water, acquired for public shooting grounds, state marine recreational management areas, or wildlife management areas on a nonprofit basis (collectively, department-operated lands). Existing law states that multiple recreational use of wildlife management areas is desirable and requires the Fish and Game Commission to encourage multiple recreational use. Existing law authorizes the commission to determine and fix the amount of, and authorizes the department to collect, fees for any use privileges.   The bill, commencing January 1, 2015, would require the purchase of an entry permit, as specified, for access to department-managed lands for uses other than hunting and fishing, except as provided. The bill would make the failure to obtain a permit an infraction, as specified.   (7)   (6)  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   CESA  , 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  at a meeting  , 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.   This bill, until January 1, 2017, would establish an alternate process for the review of a petition, including public hearings.   (8) Existing law establishes the Fish and Game Mitigation and Protection Endowment Principal Account in the Special Deposit Fund, with money in the account available upon appropriation by the Legislature. Existing law also establishes the Fish and Game Mitigation and Protection Expendable Funds Account in that fund, with money in the account continuously appropriated to the department for specified purposes. The department is authorized to 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.   Existing   (7)     Existing  law establishes the Renewable Energy Resources Development Fee Trust Fund  (the development fee trust fund)  as a continuously appropriated fund in the State Treasury to serve, and be managed, as an optional, voluntary method for developers or owners of eligible projects, as defined, to deposit fees sufficient to complete mitigation actions established by the department and thereby meet their requirements pursuant to CESA or the certification authority of the State Energy Resources Conservation and Development Commission. Existing law requires that a specified sum of money be transferred, as a loan, from the Renewable Resource Trust Fund to the  Renewable Energy Resources Development Fee Trust Fund (the fund)   development fee trust fund  and be repaid from the  development fee trust  fund to the Renewable Resource Trust Fund no later than December 31, 2012. This bill would make an appropriation by extending the date of repayment of this loan to December 31, 2013.  (9)   (8)  Existing  law governing  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   apply those provisions  to a law enforcement officer employed by the department. Vote: majority. Appropriation: 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.   It is the intent of the Legislature that investments in habitat protection and restoration made as part of compensatory mitigation to retain and enhance biological values for listed species are perpetual and supported with long   -term management. To extend the conservation benefits derived from these investments to public lands, it is the further intent of the Legislature that the department work with the federal Bureau of Land Management and interested stakeholders to develop a viable solution th   at will   ensure durable mitigation and protection of mitigation lands on federal lands in perpetuity.   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 defined in Section 13.5,  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.  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.  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 administered through the director. (b) The Department of Fish and Wildlife shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, property, and jurisdiction previously vested in the Department of Fish and Game. (c) Whenever the term "Department of Fish and Game" appears in a law, the term means the "Department of Fish and Wildlife." (d) No existing supplies, forms, insignias, signs, logos, uniforms, or emblems shall be destroyed or changed as a result of changing the name of the Department of Fish and Game to the Department of Fish and Wildlife, and those materials shall continue to be used until exhausted or unserviceable.  SEC. 8.   SEC. 9.  Section 702.1 is added to the Fish and Game Code, to read: 702.1.  (a)    The department  , on or before January 1, 2016,  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:   prepare and submit to the relevant policy and fiscal committees of the   Legislature a feasibility study report on an electronic system to manage citations issued by fish and game wardens, exchange information on citations with the courts, and transfer data on court dispositions to the Automated License Data System.   (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.   (b) (1) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report pursuant to subdivision (a) shall become inoperative on January 1, 2017. (2) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.   SEC. 9.   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. 10.   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   policy of the state as follows:   (a)     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   (b)    That 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. 11.   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. 12.   Section 715 is ad   ded to the   Fish and Game Code   , to read:   715. (a) The director, in consultation with the Natural Resources Agency, shall establish a formal program, which may be called the Science Institute, to assist the department and commission in obtaining independent scientific review, and recommendations to help inform the scientific work of the department and the commission. The program shall include one or more ad hoc independent scientific committees consisting of independent scientists who are 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, and which may be convened pursuant to this section. The purpose of the program shall be to assist the department and the commission in obtaining and establishing an independent and objective view of the scientific issues underlying important policy decisions. (b) The objectives of the program shall include, but not necessarily be limited to, the following: (1) Providing independent scientific guidance 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. (c) The department may consult with members of the ad hoc scientific committees to assist the department in identifying 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). (d) The department shall consult with independent scientific advisors to develop and revise as necessary a 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. (e) For marine fisheries and other marine resources, the department may utilize the California Ocean Science Trust for the purposes of this section.   SEC. 12.  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   department  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   36  months from the date of issuance  to a resident of this state  on the payment of a  base     nonrefundable application fee of one hundred dollars ($100) and a permit  fee of  thirty dollars ($30)   three hundred dollars ($300)  , 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:   to authorize only the banding of birds and the exhibition of live or dead wildlife specimens by public zoological gardens, scientific, or educational institutions.   (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)  (1)    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   nonrefundable application fee of twenty-five dollars ($25) and a permit  fee of  ten   fifty  dollars  ($10)   ($50)  , as adjusted under Section 713, to any student in a school of collegiate level  or a commercial fishing class  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.   (2) All fish taken under permit for a commercial fishing class student shall be taken in accordance with state law, except that Sections 7850, 7880, and 7881 do not apply. All fish taken under a permit for a commercial fishing class student 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 commercial fishing classes.   (f)   (e)  It is not necessary for the  possessor   holder  of the permit to have a sport fishing or hunting license to collect any fish,  amphibian,  reptile, aquatic animal or plant, bird, or mammal for scientific, educational, or propagation purposes in this state.  (g)   (f)  Nothing in this section authorizes any act which violates Section 597 of the Penal Code.  (h)  (g)  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)   (h)  The adjustment of the  base     nonrefundable application fee and permit  fees pursuant to Section 713 that  is   are  specified in subdivisions (b)  , (d), and (e)   and (d)  shall be applicable to permits issued on or after January 1,  1991   2013  .  (j) 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.   (i) The department, by regulation, may adjust the amount of the fees specified in subdivisions (b) and (d) as necessary to fully recover, but not exceed, all reasonable administrative and implementation costs of the department relating to those permits.   (j) No permit under this section is required for species listed as threatened or endangered pursuant to the California Endangered Species Act, when an entity holds a valid permit or memorandum of understanding for the subject species and the proposed activities, issued pursuant to Section 2081.   (k) No permit under this section is required for fully protected species listed in Section 3511, 4700, 5050, or 5515 if the entity holds a valid memorandum of understanding issued by the department for the subject species and proposed activities, in accordance with the respective section.   (l) A permit or amendment issued pursuant to Section 1002 is not transferable between individuals or entities.   (m) If a permitholder fails to submit information or reports required in a permit, the department shall revoke an existing permit, and may decline to issue a permit to that person or entity in subsequent years.   SEC. 14.   Section 1002.5 of the   Fish and Game Code   is amended to read:  1002.5. (a) The department may issue a permit  for scientific purposes  pursuant to Section 1002 to  a California-certified small business, an aquarium accredited by the Association of Zoos and Aquariums, or other   appropriate institution   an appropriate public, private, or nonprofit entity, or a person  , as determined by the department, in the name of a principal scientific investigator or the permitted entity  or person  . (b) The department may approve individual temporary employees or volunteers to work under the permit, after receiving notification from the permittee. The permittee shall have adequate supervision over any temporary employees or volunteers approved to work under the permit. (c) A permittee that allows a temporary employee or volunteer to work under a permit without approval from the department in accordance with this section is subject to Section 12000. (d) The department shall charge a fee pursuant to subdivision (b) of Section 1002 for the issuance of a permit authorized by this section. If the department determines that the costs to issue a permit authorized by this section are greater than the costs to issue a permit pursuant to Section 1002, the department may charge a permit fee in an amount that is greater than the amount imposed by subdivision (b) of Section 1002 to recover those additional costs. (e) The department may amend a permit issued under this section, including, but not limited to, the addition or removal of individual temporary employees or volunteers working under the permit, on the payment of a  base fee of sixty dollars ($60)   nonrefundable application fee of one hundred dollars ($100)  , as adjusted under Section 713  or regulations adopted by the department  .  SEC. 13.   SEC. 15.  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. 14.   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. 15.   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. 16.   Section 1745 is added to the Fish and Game Code, to read: 1745. (a) Commencing January 1, 2015, the purchase of an entry permit through the Automated License Data System or other means, as determined by the department, shall be required to access all department-managed lands for uses other than hunting and fishing. The user shall have the entry permit in his or her immediate possession while on department-managed lands. Failure to obtain a permit for hunting, fishing, wildlife viewing, wildlife photography, conservation education, fish and wildlife research, or other uses as required by regulations adopted by the commission, shall be an infraction as described in Section 12002.2.1. A person in possession of a valid hunting license, a sportfishing license, or a trapping license shall be exempt from the payment of an entry permit fee. Where, in the determination of the department, it is feasible and cost effective, the department shall make entry permits available for purchase onsite and shall also modify its online processes for purchase of entry permits to make these systems compatible for nonconsumptive users. (b) For purposes of this section, "nonconsumptive uses" means compatible uses other than hunting and fishing.   SEC. 17.   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. 18.   Section 2070 of the Fish and Game Code is amended to read: 2070. The department shall establish a list of endangered species and a list of threatened species. The 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. 19.   Section 2071 of the Fish and Game Code is amended to read: 2071. The department shall adopt guidelines by which an interested person may petition the department to add a species to, or to remove a species from, either the list of endangered or the list of threatened species.   SEC. 20.   Section 2071.5 of the Fish and Game Code is amended to read: 2071.5. The department shall adopt criteria for determining if a species is endangered or threatened.   SEC. 21.   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, 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 the department prepares its own petition under this section, the department shall include the information specified in Section 2072.3. A department petition 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. 22.   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 director shall refer the petition to the appropriate staff within the department for evaluation.   SEC. 23.   Section 2073.3 of the Fish and Game Code is amended to read: 2073.3. (a) The 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 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. 24.   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 prepare a written evaluation report with one of the following recommendations: (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) The director may grant 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. 25.   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 department pursuant to Section 2074.2. However, if the department determines that the amendment is substantive, the department shall 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. 26.   Section 2074 of the Fish and Game Code is amended to read: 2074. The department shall schedule the petition for consideration at 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 department also shall make the petition, evaluation report, and other materials received available for review.   SEC. 27.   SEC. 17.  Section 2074.2 of the Fish and Game Code is amended to read: 2074.2. (a) At the meeting scheduled pursuant to Section 2074, the  director or the director's designee   commission  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  the commission and  department staff, the petitioner, or any other persons, the  department   commission  may close the public hearing and administrative record for the  department' s   commission's  decision pursuant to this section. (b) After the  department   commission  closes the public hearing, the administrative record for the  department's   commission'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   commission  for consideration on that petition and the  department   commission  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   commission's  decision pursuant to this section shall not be reopened once the  department   commission  closes the public hearing unless one of the following occurs prior to the  department's   commission'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   commission   's  determination as to whether the petition provides sufficient information to indicate that the petitioned action may be warranted. (2) The  department   commission  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   commission  makes that determination during its deliberation, the  department   commission  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   commission  pursuant to this paragraph shall specify a date by which the information must be submitted to the  department   commission  and shall serve to reopen the administrative record for the limited purpose of receiving further information relating to the issues specified by the  department   commission  in the request.  Department   Commission and 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:   (d) In its discretion, the commission may either close the public hearing and continue the meeting on the petition for the purpose of deliberation or continue both the public hearing and the meeting on the petition to a subsequent date, which shall be no later than 90 days after the meeting scheduled pursuant to Section 2074, and subject to applicable notice and agenda requirements. If the commission closes the public hearing but continues the meeting for the purpose of deliberation, a person shall not submit, and the commission shall not receive, further information relating to the petition except as provided in subdivision (c).   (e) At the meeting scheduled pursuant to Section 2074 or at a continued meeting scheduled pursuant to subdivision (d), the commission shall consider the petition, the department's written report, written comments received, and oral testimony provided during the public hearing, and the commission shall make and enter in its record one of the following findings:  (1) If the  department   commission  finds that the petition does not provide sufficient information to indicate that the petitioned action may be warranted, the  department   commission  shall publish a notice of finding that the petition is rejected, including the reasons why the petition is not sufficient. (2) If the  department   commission  finds that the petition provides sufficient information to indicate that the petitioned action may be warranted, the  department   commission  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  department   commission  shall include in the notice that the petitioned species is a candidate species. The  department   commission  shall maintain a list of species which are candidate species.  (e)   (f)  The  department   commission  shall publish and distribute the findings relating to the petition pursuant to Section 2078.  (g) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.   SEC. 28.  Section 2074.4 of the Fish and Game Code is amended to read: 2074.4. If a petition is accepted by the 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 department efforts to provide notification through distribution of the 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. 18.   Section 2074.2 is added to the  Fish and Game Code   , to read:   2074.2.  (a) At the scheduled meeting, the commission shall consider 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: (1) If the commission finds that the petition does not provide sufficient information to indicate that the petitioned action may be warranted, the commission shall publish a notice of finding that the petition is rejected, including the reasons why the petition is not sufficient. (2) If the commission finds that the petition provides sufficient information to indicate that the petitioned action may be warranted, the commission 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 shall include in the notice that the petitioned species is a candidate species. The commission shall maintain a list of species which are candidate species. (b) The commission shall publish and distribute the findings relating to the petition pursuant to Section 2078. (c) This section shall become operative on January 1, 2017.  SEC. 29.   SEC. 19.  Section 2074.6 of the Fish and Game Code is amended to read: 2074.6.  (a)    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 pursuant to paragraph (2) of subdivision (d) of Section 2074.2, the department shall produce and make publicly available on the department's Internet Web site a written peer reviewed report, 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   The commission may grant 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.  (b) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.   SEC. 20.   Section 2074.6 is added to the   Fish and Game Code   , to read:   2074.6. (a) 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) of Section 2074.2, the department shall provide a written 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. (b) This section shall become operative on January 1, 2017.   SEC. 30.   SEC. 21.  Section 2074.8 of the Fish and Game Code is amended to read: 2074.8.  (a)    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 obtaining 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.   (b) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.   SEC. 31.   Section 2075 of the Fish and Game Code is amended to read: 2075. The department shall schedule the petition for final consideration at a public meeting within 30 days after 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 department shall make the department's report, or copies thereof, which was provided, pursuant to Section 2074.6, available for review upon request.   SEC. 22.   Section 2074.8 is added to the   Fish and Game Code   , to read:   2074.8. (a) 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. (b) This section shall become operative on January 1, 2017.  SEC. 32.   SEC. 23.  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  director or the director's designee   commission  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   commission  may close the public hearing and the administrative record for the department's decision pursuant to this section. (b) After the  department   commission  closes the public hearing the administrative record for the  department's   commission's  decision is closed and it shall not be reopened except as provided in subdivision (c). Once the public hearing is closed  no   a  person shall  not  submit further information to the department for consideration on that petition and the  department   commission  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   commission'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   commission'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   commission's  determination as to whether the  petition provides sufficient information to indicate that the petitioned action   petitioned action  is warranted. (2) The  department   commission  determines that it requires further information to evaluate whether the  petition provides sufficient information to indicate that the petitioned action may be   petitioned action is  warranted. If the  department   commission  makes that determination during its deliberation, the  department   commission  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   petitioned action  is warranted. Any request by the  department   commission  pursuant to this paragraph shall specify a date by which the information must be submitted to the  department   commission  and shall serve to reopen the administrative record for the limited purpose of receiving further information relating to the issues specified by the  department   commission  in the request.  Department   Commission and 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:   (d) The commission, in its discretion, may either close the public hearing and continue the meeting on the petition for the purpose of deliberation or continue both the public hearing and the meeting on the petition to a subsequent date which is no later than 90 days after the meeting scheduled pursuant to Section 2075, and subject to applicable notice and agenda requirements. If the commission closes the public hearing but continues the meeting for the purpose of deliberation, a person shall not submit, and the commission shall not receive, further information relating to the petition except as provided in subdivision (c).   (e) At the meeting scheduled pursuant to Section 2075, or at a continued meeting scheduled pursuant to subdivision (d), the commission shall make 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  department   commission  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  department   commission  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  department   commission  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.  (f) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.   SEC. 33.   Section 2076.5 of the Fish and Game Code is amended to read: 2076.5. Notwithstanding Sections 2071 to 2075.5, inclusive, the 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 department finds that there is any emergency posing a significant threat to the continued existence of the species. The 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. 34.   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 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 department may review a species at any time based upon a petition or upon other data available to the department. (e) The department shall report in writing and make publicly available the results of its five-year review for each listed species. The 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. 35.   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 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 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 department action under Section 2073.3, 2074, 2074.2, 2075, or 2077. (b) The 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. 36.   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 Legislature, the Governor, and all individuals who have notified the 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. 37.   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. 38.   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. 39.   Section 2084 of the Fish and Game Code is amended to read: 2084. The 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. 24.   Section 2075.5 is added to the   Fish and Game Code   , to read:   2075.5. (a) At the meeting scheduled pursuant to Section 2075, the commission shall make 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 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 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 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. (b) This section shall become operative on January 1, 2017.   SEC. 40.   SEC. 25.  Section 2089.4 of the Fish and Game Code is amended to read: 2089.4. As used in this article, the following definitions apply: (a) "Agreement" means a state safe harbor agreement approved by the department pursuant to this article. "Agreement" includes an agreement with an individual landowner and a programmatic agreement. (b) "Baseline conditions" means the existing estimated population size, the extent and quality of habitat, or both population size and the extent and quality of habitat, for the species on the land to be enrolled in the agreement that sustain seasonal or permanent use by the covered species. Baseline conditions shall be determined by the department, in consultation with the applicant, and shall be based on the best available science and objective scientific methodologies. For purposes of establishing baseline conditions, a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been approved by the department. (c) "Department" means the Department of Fish and Wildlife, acting through its director or his or her designee. (d) "Landowner" means any 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. 41.   Section 2090 is added to the Fish and Game Code, to read: 2090. It is the intent of the Legislature that investments in habitat protection and restoration made as part of compensatory mitigation to retain and enhance biological values for listed species are perpetual and supported with long-term management. To extend the conservation benefits derived from these investments to public lands, it is the intent of the Legislature that the department work with the Bureau of Land Management and interested stakeholders to develop a viable solution that will ensure durable mitigation and protection of mitigation lands on federal lands in perpetuity.   SEC. 42.   SEC. 26.  Section 2099 of the Fish and Game Code is amended to read: 2099. (a) For purposes of this section, the following terms have the following meanings: (1) "Eligible project" means a solar thermal powerplant, photovoltaic powerplant, wind powerplant, or geothermal powerplant meeting the requirements of paragraph (1) or (2) of subdivision (b) of Section 2069 or meeting the definition of a "covered activity" in the final Desert Renewable Energy Conservation Plan, as approved by the department. (2) "Energy Commission" means the State Energy Resources Conservation and Development Commission. (b) (1) The Renewable Energy Resources Development Fee Trust Fund is hereby established in the State Treasury. The department shall collect a fee from the owner or developer of an eligible project that elects to use mitigation actions developed and approved by the department pursuant to Section 2069, and all moneys received for purposes of mitigation actions pursuant to Section 2069 shall be deposited in the fund and shall be held in trust and be expended solely for the purposes of, and in conformity with, that section, applicable permit or certification requirements for eligible projects, and any contractual agreement between the Energy Commission or department and the owner or developer of an eligible project. The department may contract with, or award grants to, third parties to implement mitigation actions in conformity with Section 2069 and this section. (2) Upon direction by the department, the Controller shall create any accounts or subaccounts within the fund that the department determines are necessary or convenient to facilitate management of the fund. (3) The fund shall serve, and be managed, as an optional, voluntary method for developers or owners of eligible projects to deposit fees to complete mitigation actions meeting the conditions of subdivision (c) of Section 2069 and for the purpose of meeting the requirements of this chapter or the requirements of Chapter 6 (commencing with Section 25500) of Division 15 of the Public Resources Code by funding mitigation actions implemented by the department or third parties in a contractual relationship with the department. Notwithstanding Section 13340 of the Government Code, the money in the fund is hereby continuously appropriated to the department, without regard to fiscal years, for the purposes enumerated in this section and Section 2069. An expenditure shall not be made from the fund except as authorized by the department. (4) The sum of ten million dollars ($10,000,000) previously transferred, as a loan, from the Renewable Resource Trust Fund to the fund shall be repaid from the fund to the Renewable Resource Trust Fund no later than December 31, 2013. The department shall use these funds, pursuant to paragraph (1) of subdivision (c) of Section 2069, to purchase mitigation lands or conservation easements, and to cover related restoration, monitoring, and transaction costs incurred in advance of the receipt of fees pursuant to paragraph (5) and to cover the department's administrative costs for the program. (5) A developer or owner of an eligible project that elects to use mitigation actions developed and authorized by the department pursuant to Section 2069 shall remit fees to the department for deposit into the fund for those mitigation actions in an amount that reflects the determination by the Energy Commission, with respect to a solar thermal or geothermal powerplant subject to its jurisdiction, or the department, with respect to a renewable energy powerplant not subject to the Energy Commission's jurisdiction, of the costs attributable to the mitigation actions that meet the standards of this chapter. The amount of fees to be paid by a developer or owner of an eligible project to meet the standards of this chapter shall be calculated on a per acre basis, using total cost accounting, and shall include, as applicable, land acquisition or conservation easement costs, monitoring costs, restoration costs, transaction costs, the amount of a perpetual endowment account for land management or easement stewardship costs by the department or other management entity, and administrative costs and funds sufficient to repay any expenditure of state funds made pursuant to paragraph (4). To ensure the funds deposited pursuant to this section are sufficient to meet the standards of this chapter, the project developer or owner, in addition to payment of those funds, shall provide security, in a form and amount, not to exceed 5 percent of the amount of the funds, excluding any portion of the funds to be used for a perpetual endowment, to be determined by the Energy Commission, with respect to a solar thermal or geothermal powerplant subject to its jurisdiction, or to be determined by the department, with respect to a renewable energy powerplant not subject to the Energy Commission's jurisdiction. (c) The department shall monitor the implementation of the mitigation actions and the progress of the construction of the eligible projects. The department shall report all deposits, and the source of those deposits, on its Internet Web site. The department shall also report all expenditures from the fund on its Internet Web site and identify the mitigation activities or programs that each expenditure funded and its relationship to the permitted project. The Energy Commission, with respect to a solar thermal or geothermal powerplant subject to its jurisdiction, and the department, with respect to a renewable energy powerplant not subject to the Energy Commission's jurisdiction, shall ensure that moneys paid pursuant to this section are used only for purposes of satisfying the standards of paragraph (2) of subdivision (b) of Section 2081. Where moneys are used to fund mitigation actions, including the acquisition of lands or conservation easements, or the restoration of lands, that use shall be in addition to, and not duplicative of, mitigation obtained through any other means. (d) The department and the Energy Commission shall not allow any use of the interim mitigation strategy subsequent to a determination by the department that the time and extent of mitigation actions are not being implemented in rough proportion to the impacts of those projects. The department shall reinstitute the use of the interim mitigation strategy when the department determines the rough proportionality between mitigation actions and impacts of eligible projects has been reestablished by the completion of additional mitigation actions.  SEC. 43.   SEC. 27.  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. 44.   SEC. 28.  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. 45.   SEC. 29.  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. 46.   SEC. 30.  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. 47.   SEC. 31.  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. 48.   SEC. 32.  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. 49.   SEC. 33.  Section 12028 is added to the Fish and Game Code, to read: 12028. The Legislature finds and declares that: (a) 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 deter illegal poaching and other violations that adversely impact fish and wildlife, it is important that the department coordinate with other law enforcement entities and the courts to facilitate effective enforcement and prosecution of these offenses. (c)  It is the intent of the Legislature that the   The  department  be encouraged  , to the extent feasible and subject to available resources,  to   shall  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. 50.   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. 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 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. (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. 51.   SEC. 34.  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. 52.  SEC. 35.  Section 12805 of the Government Code is amended to read: 12805. (a) The Resources Agency is hereby renamed the Natural Resources Agency. The Natural Resources Agency consists of the departments of Forestry and Fire Protection, Conservation, Fish and Wildlife,  Boating and Waterways,   Delta Stewardship Council,  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 Office of Exposition Park;  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   Existing  supplies, forms, insignias, signs, or logos shall  not  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. 53.   SEC. 36.  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 who are described in subdivision (e) of Section 830.2 of the Penal Code. (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. (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.