California Senate Bill SB505 Amended / Bill

 BILL NUMBER: SB 505AMENDED BILL TEXT AMENDED IN SENATE MARCH 25, 2011 INTRODUCED BY Senator La Malfa FEBRUARY 17, 2011 An act  to amend Section 13007 of the Fish and Game Code,  relating to fish. LEGISLATIVE COUNSEL'S DIGEST SB 505, as amended, La Malfa. Fish: licenses: trout hatcheries.  Existing law requires 331/3% of the fees derived from the issuance of sport fishing licenses, with certain exceptions, to be deposited into the Hatchery and Inland Fisheries Fund within the State Treasury. Moneys in the fund may be expended, upon appropriation, in support of Department of Fish and Game programs related to the management, maintenance, and capital improvement of California's fish hatcheries, the Heritage and Wild Trout Program, enforcement activities, and other activities eligible to be funded from revenue generated by sport fishing license fees.   This bill would require the department to ensure that 20% of the pounds of fish planted by the department using revenues deposited in the Hatchery and Inland Fisheries Fund be procured from privately owned hatcheries located within the state. The bill would require a report required by existing law to contain specified information relating to the Hatchery and Inland Fisheries Fund.   Existing law authorizes the Fish and Game Commission to issue a permit, subject to restrictions and regulations that the commission deems desirable, to a nonprofit organization to construct and operate an anadromous fish hatchery and prohibits the commission from issuing a permit unless it determines the nonprofit organization has the financial capability to successfully construct and operate the hatchery and will diligently and properly conduct the operation authorized under the permit. All fish handled under this authority during the time they are in the hatchery or in the wild are the property of the state and when in the wild are allowed to be taken under the authority of a sport or commercial fishing license as otherwise authorized for wild fish.   This bill would state the intent of the Legislature to enact legislation to address the allocation of fishing license fees and trout hatcheries.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 13007 of the   Fish and Game Code   is amended to read:  13007. (a) Notwithstanding Section 13001 and paragraph (1) of subdivision (a) of Section 13005, commencing July 1, 2006, 331/3 percent of all sport fishing license fees collected pursuant to Article 3 (commencing with Section 7145) of Chapter 1 of Part 2 of Division 6, except license fees collected pursuant to Section 7149.8, shall be deposited into the Hatchery and Inland Fisheries Fund, which is hereby established in the State Treasury. Moneys in the fund may be expended, upon appropriation by the Legislature, to support programs of the Department of Fish and Game related to the management, maintenance, and capital improvement of California's fish hatcheries, the Heritage and Wild Trout Program, and enforcement activities related thereto, and to support other activities eligible to be funded from revenue generated by sport fishing license fees. (b) The sport fishing license fees collected and subject to appropriation pursuant to subdivision (a) shall be used for the following purposes: (1) For the department's attainment of the following production goals for  state  hatcheries, based on the sales of the following types of sport fishing licenses: resident; lifetime; nonresident year; nonresident, 10-day; 2-day; 1-day; and reduced fee. (A) By July 1, 2007, a minimum of 2.25 pounds of released trout per sport fishing license sold in 2006, 1.75 pounds of which must be of catchable size or larger. (B) By July 1, 2008, a minimum of 2.5 pounds of released trout per sport fishing license sold in 2007, 2.0 pounds of which must be of catchable size or larger. (C) By July 1, 2009, and thereafter, a minimum of 2.75 pounds of released trout per sport fishing license sold in 2008, 2.25 pounds of which must be of catchable size or larger. (D) The department shall attain these goals in compliance with Fish and Game Commission trout policies concerning catchable-sized trout stocking.  (2) The department shall, by July 1, 2015, ensure that 20-percent of the pounds of fish planted by the department using revenues deposited in the Hatchery and Inland Fisheries Fund are procured from privately-owned hatcheries located within the state. The department shall attain the 20 percent goal of this paragraph according to the following schedule:   (A) By July 1, 2012, 5 percent.   (B) By July 1, 2013, 10 percent.   (C) By July 1, 2014, 15 percent.   (D) By July 1, 2015, and thereafter, 20 percent.   (2)   (3)  To the Heritage and Wild Trout Program, two million dollars ($2,000,000), which shall be used for permanent positions and seasonal aides in each region of the state as necessary, and other activities necessary to the program. (A) The funds allocated pursuant to this paragraph shall be used to fund seven new positions for the Heritage and Wild Trout Program. (B) In addition to the seven new positions specified in subparagraph (A), the department may hire seasonal aides in each region of the state to assist with the operations of the Heritage and Wild Trout Program.  (3)   (4)  The department shall, by January 1, 2012, ensure that the numbers of native California trout, as defined in Section 7261, produced are sufficient to equal or exceed 25 percent of the numbers of trout produced by  the state  fish hatcheries to comply with paragraph (1). The native trout produced in accordance with this paragraph shall support department efforts to protect and restore cold water ecosystems, maintain biological diversity, and provide diverse angling opportunities. Coastal rainbow trout/steelhead produced for anadromous mitigation purposes shall be excluded from contributing to the native trout production goals required by this paragraph. Coastal rainbow trout/steelhead propagated for purposes other than anadromous mitigation and released into their source watersheds may be counted toward the 25 percent native trout production goal. Native trout produced shall be naturally indigenous stocks from their original source watersheds. Native trout produced may be released into watersheds other than their original source watershed only if the released trout will cause no harm to other native trout in their original watersheds. The department shall attain the 25 percent production goal according to the following schedule: (A) By January 1, 2010, 15 percent and at least four species. (B) By January 1, 2011, 20 percent and at least four species. (C) By January 1, 2012, 25 percent and at least five species.  (4)   (5)  The department may hire additional staff for state fish hatcheries, in order to comply with this subdivision. (c) The department may allocate any funds under this section, not necessary to maintain the minimums specified in paragraphs (1)  ,   (2),  and  (3)   (4)  of subdivision (b), and after the expenditure in paragraph  (2)   (3)  of subdivision (b), to the Fish and Game Preservation Fund. (d) The department may utilize federal funds to meet the funding formula specified in subdivision (a) if those funds are otherwise legally available for this purpose. (e) A portion of the moneys subject to appropriation pursuant to subdivision (a) may be used for the purpose of obtaining scientifically valid genetic determinations of California native trout stocks, consistent with Theme 1 in the executive summary of the department's Strategic Plan for Trout Management, published November 2003. (f)  (1)    The department, by July 1,  2008   2012  , and annually thereafter, shall report to the fiscal and policy committees in the Legislature on the implementation of these provisions.  (2) The report shall contain all of the following information:   (A) The combined revenues received by the Hatchery and Inland Fisheries Fund from all types of sport fishing licenses and the current balance of the fund.   (B) Itemized expenditures from the Hatchery and Inland Fisheries Fund, including the statutory authority for each expenditure.   (C) The total number of fish planted from Hatchery and Inland Fisheries Fund programs, including the hatcheries from which the fish were procured.   (D) All loans made from the Hatchery and Inland Fisheries Fund, including the amount, receiving entity, and repayment status of the loan.   (3) A report to be submitted pursuant to this subdivision shall be submitted pursuant to Section 9795 of the Government Code.   SECTION 1.   It is the intent of the Legislature to enact legislation to address the allocation of fishing license fees and trout hatcheries.