(1)Existing law makes it unlawful to take mammals, birds, fish, reptiles, and amphibians outside of established seasons or to exceed any bag limit or possession limit established by statute or by regulations adopted by the Fish and Game Commission. Under existing law, unless otherwise provided, it is unlawful to possess fish, reptiles, or amphibians except during the open season where taken and for 10 days thereafter, and not more than the possession limit thereof is allowed to be possessed during the period after the close of the open season. Existing law makes it unlawful for any person to possess more than one daily bag limit of any fish taken under a sport fishing license unless authorized by certain regulations adopted by the commission.

This bill would authorize a charitable organization or nonprofit organization to possess fish taken under a sport fishing license in excess of a possession limit established by statute or by regulations adopted by the commission at any time if the charitable organization or nonprofit organization was given the fish by a donor intermediary, as defined, or a person who holds a sport fishing license and an applicable license tag or tags, the charitable organization or nonprofit organization has documentation to that effect, as specified, and the charitable organization or nonprofit organization retains any tag required to be affixed to a fish in the manner prescribed in the Fish and Game Code or regulations adopted by the commission. The bill would authorize a donor intermediary to possess fish taken under a sport fishing license in excess of a possession limit if the donor intermediary complies with the same requirements as a charitable organization or nonprofit organization.

This bill would require the commission to recommend legislation or adopt regulations to clarify when a possession limit is not violated by processing into food lawfully taken sport fish.

(2)Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a license for that purpose, with specified exceptions, and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires a resident or a nonresident, 16 years of age or older, to be issued a sport fishing license for the period of a calendar year, or, if issued after the beginning of the year, for the remainder of the year, upon payment of the base fee of $31.25 for residents and $84 for nonresidents. Existing law provides that these base fees are applicable to the 2004 license year and requires the fees to be adjusted annually according to a specified index. the applicable fee.

This bill would require, on January 1, 2018, and until January 1, 2023, that a resident or nonresident, 16 years of age or older and under 18 years of age at the time of issuance of the license, to be issued a junior sport fishing license for the period of 12 consecutive months beginning on the date specified on the license, a calendar year, or, if issued after the beginning of the year, for the remainder of the year, upon payment of the fee applicable for a one-day fishing license. The bill would also increase from January 1, 2018, until January 1, 2023, the age of persons eligible for a nonresident 10-day sport fishing license and a resident and nonresident one-day and 2-day sport fishing license from 16 years of age or older to 18 years of age and older.

(1)Existing law makes it unlawful to take mammals, birds, fish, reptiles, and amphibians outside of established seasons or to exceed any bag limit or possession limit established by statute or by regulations adopted by the Fish and Game Commission. Under existing law, unless otherwise provided, it is unlawful to possess fish, reptiles, or amphibians except during the open season where taken and for 10 days thereafter, and not more than the possession limit thereof is allowed to be possessed during the period after the close of the open season. Existing law makes it unlawful for any person to possess more than one daily bag limit of any fish taken under a sport fishing license unless authorized by certain regulations adopted by the commission.

This bill would authorize a charitable organization or nonprofit organization to possess fish taken under a sport fishing license in excess of a possession limit established by statute or by regulations adopted by the commission at any time if the charitable organization or nonprofit organization was given the fish by a donor intermediary, as defined, or a person who holds a sport fishing license and an applicable license tag or tags, the charitable organization or nonprofit organization has documentation to that effect, as specified, and the charitable organization or nonprofit organization retains any tag required to be affixed to a fish in the manner prescribed in the Fish and Game Code or regulations adopted by the commission. The bill would authorize a donor intermediary to possess fish taken under a sport fishing license in excess of a possession limit if the donor intermediary complies with the same requirements as a charitable organization or nonprofit organization.

This bill would require the commission to recommend legislation or adopt regulations to clarify when a possession limit is not violated by processing into food lawfully taken sport fish.

(2)Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a license for that purpose, with specified exceptions, and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires a resident or a nonresident, 16 years of age or older, to be issued a sport fishing license for the period of a calendar year, or, if issued after the beginning of the year, for the remainder of the year, upon payment of the base fee of $31.25 for residents and $84 for nonresidents. Existing law provides that these base fees are applicable to the 2004 license year and requires the fees to be adjusted annually according to a specified index.

This bill would revise those provisions to require, on January 1, 2018, and until January 1, 2023, that a resident or a nonresident, 18 years of age or older, upon payment of the applicable fee, to be issued a sport fishing license for the period of 12 consecutive months beginning on the date specified on the license. The bill would increase the base fee for residents from $31.25 to $42.50 and would provide that this base fee is applicable to the 2018 license year.

This bill would require, on January 1, 2018, and until January 1, 2023, that a resident or nonresident, 16 years of age or older and under 18 years of age, age at the time of issuance of the license, to be issued a junior sport fishing license for the period of 12 consecutive months beginning on the date specified on the license, upon the payment of a base fee of $8.25. The bill would provide that this base fee is applicable to the 2018 license year. the fee applicable for a one-day fishing license.

Existing law requires a nonresident, 16 years of age or older, upon payment of the fee applicable for a one-year resident sport fishing license, to be issued a sport fishing license for a period of 10 consecutive days beginning on the date specified on the license. Existing law requires a resident or nonresident, 16 years of age or older, upon payment of ¹/₂ of the fee applicable for a one-year resident sport fishing license, to be issued a 2-day sport fishing license.

On January 1, 2018, and until January 1, 2023, this bill would, by increasing the base fee for a one-year resident sport fishing license, also increase the required fees for the 10-day nonresident sport fishing license and the resident and nonresident 2-day sport fishing license, as prescribed. The bill would provide that the base fees for these licenses are applicable to the 2018 license year. The bill would also increase the age of persons eligible for these licenses to 18 years of age and older.

(2)Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a license for that purpose, with specified exceptions, and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires a resident or a nonresident, 16 years of age or older, upon payment of a specified fee, to be issued a sport fishing license for a prescribed period. Existing law requires the Fish and Game Commission to adjust the amount of the sport fishing license fees, as prescribed, to fully recover, but not exceed, all reasonable administrative and implementation costs of the Department of Fish and Wildlife and the Fish and Game Commission relating to those licenses. to be issued a sport fishing license for the period of a calendar year, or, if issued after the beginning of the year, for the remainder of the year, upon payment of the base fee of $31.25 for residents and $84 for nonresidents. Existing law provides that these base fees are applicable to the 2004 license year and requires the fees to be adjusted annually according to a specified index.

This bill would make nonsubstantive changes in these provisions. revise those provisions to require, on January 1, 2018, that a resident or a nonresident, 18 years of age or older, upon payment of the applicable fee, to be issued a sport fishing license for the period of 12 consecutive months beginning on the date specified on the license. The bill would increase the base fee for residents from $31.25 to $42.50 and would provide that this base fee is applicable to the 2018 license year.

Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a license for that purpose, with specified exceptions, and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires a resident or a nonresident, 16 years of age or older, upon payment of a specified fee, to be issued a sport fishing license for a prescribed period. Existing law requires the Fish and Game Commission to adjust the amount of the sport fishing license fees, as prescribed, to fully recover, but not exceed, all reasonable administrative and implementation costs of the Department of Fish and Wildlife and the Fish and Game Commission relating to those licenses.

This bill would make nonsubstantive changes in these provisions.

Date of Hearing: August 3, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 345

Author:(Berryhill) – As Amended Ver:June 2, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill creates a reduced-fee junior sport fishing license for 16- and 17-year olds and allows a charitable organization to possess fish in excess of limits, if the fish are donated. Specifically, this bill:

1. Requires the Department of Fish and Wildlife (DFW) to reduce the cost of annual resident ($43.50) and nonresident fishing licenses ($117) issued to 16- and 17-year olds to the cost of one-day sport fishing licenses ($14) for five years beginning on January 1, 2018. The junior license remains valid for the calendar year, regardless of whether the person will become older than 18 years of age during that year.
2. Exempts charitable organizations and donor intermediaries from the fish possession limit under sport fishing licenses.
3. Directs the Fish and Game Commission to recommend legislation or adopt regulations to clarify how processed fish should be treated for the purpose of the possession limit.

FISCAL EFFECT:

1. Annual DFW revenue losses of approximately $660,000 for five years resulting from reduced fishing license fees for 16- and 17-year olds (Fish and Game Preservation Fund).

In 2014, a total of 22,100 16 - and 17-year olds purchased sport fishing licenses (22,000 residents and 100 nonresidents). Assuming around the same number purchase sport fishing licenses in future years, DFW would lose approximately $660,000 in license revenue annually. This reduction in revenue may be offset to some extent by increases in sales to this age group resulting from the fee reduction. However, over 47,000 additional individuals would need to purchase a fishing license to recoup the losses resulting from this provision.

1. Minor and absorbable costs associated with the changes to possession limits and requirements of the Fish and Game Commission.

COMMENTS:

1. Purpose. According to the author, in the last 35 years, sport fishing license sales have dropped by 55% while the cost of an annual license has increased 840%. The author asserts this decline threatens important conservation, fish stocking and wildlife programs funded by license revenues. This bill is intended to encourage more individuals to become sport fishers by establishing a lower cost junior fishing license.

This bill also exempts the possession or out-of-season limits for charitable organizations so bona fide charitable organizations may use fish donated by recreational anglers at their functions without fear of being in violation of possession or out-of-season limit requirements.

1. Prior and related legislation: AB 1709 (Frazier), Chapter 456, Statutes of 2014, raised the eligibility for a lower cost junior hunting license from under age 16 to under age 18. SB 392 (Berryhill), Chapter 346, Statutes of 2013, allowed charitable organizations and donor intermediaries to possess game birds and mammals in excess of possession limits if they can provide documentation showing these animals were legally caught and transferred to the organization.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: June 28, 2016

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Marc Levine, Chair

SBPCA Bill Id:SB 345

Author:(Berryhill) – As Amended Ver:June 2, 2015

SENATE VOTE: 39-0

SUBJECT: The Sport Fishing Stimulus Act of 2015.

SUMMARY: Allows, for a period of five years beginning in 2018 and until 2023, for persons age 16 or 17 years old to purchase a junior fishing license. Also allows a charitable organization to possess fish in excess of a possession limit if the fish was donated. Specifically, this bill:

1. States legislative findings and declarations regarding the state's fisheries and fishing communities.
2. Authorizes a donor intermediary, defined as a recipient of fish taken under a sport fishing license from a donor to give to a charitable organization or nonprofit, to possess fish taken under a sport fishing license in excess of any possession limit if the donor intermediary has certain required documentation. Similarly, allows a charitable organization or nonprofit to possess fish taken under a sport fishing license in excess of any possession limit if the charitable organization or nonprofit received the fish from a donor intermediary or the person who caught the fish under a sport fishing license, and the organization has a copy of the donor's current or prior year's sport fishing license and any applicable tags signed and dated by the donor confirming the donation, or a document signed and dated confirming the donation and the donor's name, address, sport fishing license number, and applicable tags.
3. Effective January 1, 2018, and continuing until January 1, 2023, allows persons age 16 years of age or older and under 18 years of age to purchase a junior sport fishing license for $10. Provides that the junior fishing license shall remain valid for the calendar year, regardless of whether the person will become older than 18 years of age during that year.
4. Requires the Fish and Game Commission to recommend legislation or adopt regulations to clarify when a possession limit is not violated by processing into food lawfully taken sport fish.

EXISTING LAW:

1. Makes it unlawful to exceed the bag limit or possession limit for take of fish established by the code or state regulations. Makes it unlawful to possess fish except during the open season for fishing or for 10 days thereafter.
2. Requires every person age 16 years or older to obtain a sport fishing license to take fish. The current base fee for an annual fishing license is $31.25 for residents and $84 for nonresidents, which fees are adjusted annually for inflation. Licenses are effective for the calendar year in which issued.
3. Authorizes issuance of a 10-day fishing license to a nonresident for the same fee as a resident one year license. Authorizes issuance of a 2-day license to residents or nonresidents for a fee of one half that amount, and authorizes issuance of a 1-day license to a resident or nonresident for $10.
4. Allows purchase of a lower cost junior hunting license by persons under 18 years of age.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. One-time costs of less than $150,000 from the Fish and Game Preservation Fund (special fund), likely in Fiscal Year 2016-17, for programming costs of the Automated Licensing Data System. These costs may be offset by increased license fees.
   
2. Annual revenue reductions of approximately $660,000 to the Fish and Game Preservation Fund as a result of lower fishing license fees for 16- and 17- year olds.

COMMENTS: This bill would create a lower-cost junior fishing license for persons age 16 or 17, and clarify the law regarding donations of fish to charitable organizations.

1. Author's Statement: The author introduced this bill to encourage more individuals to become sport fishers by, among other things, establishing a lower cost junior fishing license. The author notes that the Legislature, recognizing that cost is a barrier for young hunters, adopted a junior hunting license in 2014 and that the same consideration should now be given to young anglers. The author also states that an exemption from possession or out-of-season limits for charitable organizations is needed so that bona fide charitable organizations may use fish donated by recreational anglers at their functions without fear of being in violation of possession or out-of-season limit requirements.
   
   The author asserts that sport fishing license sales in California have plummeted at an astonishing rate. According to the author, in the last 35 years sales have dropped by 55% while the cost of an annual license has increased 840%. With this decline, the author asserts, important conservation, fish stocking and wildlife programs funded by license revenues and numerous economic benefits are threatened.
2. Background: Recent legislation enacted last session, as described below, allows young people ages 16 and 17 to hunt in California with purchase of a junior hunting license. Prior to that change in law, all hunters age 16 or older were required to purchase an adult hunting license, and hunters under age 16 were authorized to hunt with purchase of a junior hunting license. There is currently no minimum age limit for purchase of a hunting license, but all hunters, regardless of age, must complete and pass a hunter education course as a precondition to obtaining a hunting license.
   
   The analogy drawn by the author and sponsors of this bill between the junior hunting license enacted last year, and the junior fishing license proposed in this bill, is not a complete analogy since currently persons under age 16 are not required to purchase a fishing license at all. The existing law requires a fishing license for any person age 16 or over. Currently, the base fee for a residential fishing license is $31.25. With statutory adjustments for inflation, the 2015 fishing license fee was $47.01 for residents, and $126.36 for nonresidents. This bill would allow persons age 16 and 17, to instead, fish with purchase of a $10 ($15.12 with adjustments) junior fishing license.

The DFW estimates that approximately 22,000 16 and 17 year olds purchase resident fishing licenses and 100 purchase non-residential licenses, each year. While this bill will at least initially result in a loss of licensing revenue to the DFW, the author's intent is that by offering the lower cost junior fishing licenses to young people ages 16 and 17, more young people will be encouraged to take up fishing, and that over time this will result in an increase in the number of fishing licenses sold, potentially offsetting the loss of revenue from the lower cost junior fishing licenses. Whether offering junior fishing licenses to 16 and 17 year olds will encourage more individuals to take up fishing is unknown.

Data maintained by the DFW shows that the trend since the 1980s to the present has been a steady decline in the number of sport fishing licenses sold in California, even as the population has increased since that time. The numbers are as follows:

Other issues for consideration: The provisions of this bill allow donor intermediaries to possess fish in excess of possession limits for purposes of transmitting the fish to charitable organizations. This provision could conceivably create potential enforcement challenges for DFW enforcement personnel. Some threatened fish species in California, such as sturgeon and abalone, face commercialization pressures, and the DFW expends considerable resources on combatting poaching of such species. While this bill only allows donor intermediaries to possess fish in excess of lawful possession limits for purposes of transmitting the fish to charitable or nonprofit organizations, and requires specified documentation to be maintained for such purposes, it is conceivable that the use of intermediaries for such purposes could give rise to unintended enforcement challenges. Once a fisherman has collected their daily limit, they may not continue to fish for that species on that day, regardless of whether they have a plan to donate the additional fish. However, the process of verifying claims and required documentation would conceivably increase DFW enforcement workload. Moreover, it's unclear if there is a real problem this provision would solve, as the DFW is not aware of any situations where nonprofits or charitable organizations have been fined for being in violation of possession limits for accepting donated fish.

1. Prior and related legislation: AB 1709 (Frazier), Chapter 456, Statutes of 2014, raised the eligibility for a lower cost junior hunting license from under age 16 to under age 18. SB 392 (Berryhill), Chapter 346, Statutes of 2013, allowed charitable organizations and donor intermediaries to possess game birds and mammals in excess of possession limits if they can provide documentation showing these animals were legally caught and transferred to the organization.
2. Support Arguments: Supporters believe this bill will provide important incentives for youth to participate in fishing. This bill will also make it easier for charitable organizations to accept donations of game fish, subject to record keeping requirements. The author has introduced this bill to increase participation in sportfishing. Most of the support letters received by the committee emphasize support for the prior version of this bill which proposed to make fishing licenses valid for one year from the date of purchase, as opposed to the annual fishing license currently available from January 1 through December 31^st. That provision was deleted from this bill in the Senate Appropriations Committee. The version before the committee at this time only includes the junior fishing license provisions and clarification of the rules regarding use of donor intermediaries to make donations of fish to charitable organizations.
3. Opposition Arguments: None received

REGISTERED SUPPORT / OPPOSITION:

Support

American Sportfishing Association

California Aquaculture Association

California Asian Pacific Chamber of Commerce

California Association for Recreational Fishing

California Association of Boutique and Breakfast Inns

California Hotel & Lodging Association

California Lodging Industry Association

California Parks Hospitality Association

California Sportfishing League

California Travel Association

California Waterfowl Association

California Yacht Brokers Association

Coastal Conservation Association of California

County of El Dorado

Eagle Claw Fishing Tackle Company

Fred Hall Shows, Inc.

Lip RipperZ, Inc.

SEIU Local 1000

Los Angeles Rod and Reel Club

Marina Recreation Association

National Federation of Independent Business

National Marine Manufacturers Association

Oxnard Chamber of Commerce

Pure Fishing

Rural County Representatives of California

Sacramento Metropolitan Chamber of Commerce

San Diego Regional Chamber of Commerce

San Francisco Chamber of Commerce

Southwest California Legislative Council

Tackle Warehouse

The California Parks Company

Turner's Outdoorsman

Visit Huntington Beach

Western Outdoor News

Worldwide Boaters Safety Group

Opposition

None on file.

Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096

 THIRD READING  

Bill No: SB 345

Author: Berryhill (R), et al.

Amended: 6/2/15

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 8-0, 4/28/15

AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Wolk

NO VOTE RECORDED: Vidak

SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/28/15

AYES: Lara, Beall, Hill, Leyva, Mendoza

NO VOTE RECORDED: Bates, Nielsen

SUBJECT: The Sport Fishing Stimulus Act of 2015

SOURCE: California Sportfishing League

DIGEST: This bill exempts charitable organizations and donor intermediaries from the possession limit for fish taken under a sports fishing license; introduces a “junior sport fishing license” at a reduced rate to any resident or non-resident that is either 16 or 17 years of age at the time of purchase; and directs the Fish and Game Commission (FGC) to develop regulations clarifying violations of the possession limit for processed seafood.

ANALYSIS:

Existing law:

1. Requires, under Fish and Game Code Section 7145, a sport fishing license for any person, over the age of 16, attempting to take fish, mollusks, crustaceans, invertebrates, amphibians, or reptiles in inland or ocean waters. Additional validations and report cards are required for certain species and areas. These licenses are valid from January 1^st until December 31^st of a calendar year. In addition, California offers one-day fishing licenses and two-day fishing licenses (half the fee of an annual license) to residents and non-residents, as well as a 10-day non-resident fishing license that is priced equivalently to the annual resident fishing license.

2. Authorizes the Department of Fish and Wildlife (DFW) and FGC to set sport fishing license, stamp, permit, and tag fees, and to increase these fees annually in accordance with the costs of implementing these programs (Fish and Game Code Sections 713 and 7149, specifically).

3. Defines, under Fish and Game Code Sections 2001 and 12013, violations of bag and possession limits and sets appropriate fees for these violations. Allows for the transfer of a fish by a person within the bag and possession limits to another individual, provided that both individuals remain within these limits.

4. Prohibits the possession of “more than one daily bag limit of each kind of fish, amphibian, reptile, mollusk or crustacean named in these regulations… regardless of whether they are fresh, frozen, or otherwise preserved.” (Title 14 of the California Code of Regulations)

This bill:

1. Exempts charitable organizations and donor intermediaries from the possession limit for fish taken under a sports fishing license, as long as those organizations or individuals have a record of who lawfully caught and donated the fish.

2. Introduces a “junior sport fishing license” at a reduced rate to any resident or non-resident that is either 16 or 17 years of age at the time of purchase. This license is good for the full calendar year in which purchased, regardless of the purchaser’s birth date, as long as the purchaser is less than18 years old at time of purchase.

3. Directs FGC to develop regulations clarifying when fish that has been lawfully taken and then processed (e.g., filleted, frozen, smoked) no longer violates the possession limit.

Comments

Does this bill accomplish its stated goal? This bill, referring to itself as the Sport Fishing Stimulus Act of 2015, states that it is time to “invest in [the] future of California’s fisheries and fishing communities.” Towards that end, it seeks to encourage more individuals to get involved in sport fishing in California by creating a junior fishing license, allowing younger fishers to purchase licenses at a reduced cost.

Creation of the Junior Sport Fishing license. Based off information from the Automated Licensing Data System, DFW estimates that approximately 22,000 16- and 17- year olds purchase residential licenses and 100 non-residential licenses. Given the 2015 fees are $47.01 and $126.36, respectively, but would be lowered to $15.12, the current cost for a day-use license, under this bill, DFW estimates that there will be a loss of approximately $660,000 in revenues annually. Senate Appropriations Committee staff notes that the intent of the author is to stimulate license purchases of youth who have the potential to become life-long participants in the sport. To the extent that this bill spurs additional interest in sports fishing, the increased sales could offset the revenue losses from the reduced fee. However, whether there will be a change in license sales is uncertain. Staff also notes that the number of fishing licenses sold each year has been on a steady decline. Impacts of changes made by this bill will be additive to any other trends in sport fishing participation.

Is the junior sport fishing license equivalent to the junior hunting license? Currently, all hunters, regardless of age, are required to purchase a hunting license. AB 1709 (Frazier, Chapter 456, Statutes of 2014) raised the age limit for the junior hunting license from 16 to 18. However, all hunters under 18 are required to have this license. Currently, sport fishers under the age of 16 are not required to have a fishing license. As many individuals begin fishing at a very young age, it is unclear if providing a junior fishing licenses for sport fishers between the ages of 16 and 18 will result in more individuals sport fishing.

Is the non-profit exemption a solution in search of a problem? Under this bill, non-profits and donor intermediaries will be exempted from the possession limit for fish species, as long as they have documentation of when they received the fish, as well as the licensing information of the individual who collected the fish and any appropriate tags. This language is nearly identical to SB 392 (Berryhill, Chapter 346, Statutes of 2013). Currently, DFW is unaware of any occurrences where not having this exemption in place has proven to be an issue in recent years, or of not-profits getting fined for being in violation of the possession limit. However, this bill prevents such an occurrence from happening in the future, as well as provide guidance to any non-profit interesting in acquiring a large donation of fish. Per DFW, once a fisherman has collected their daily limit, they may not continue to fish for that species on that day, regardless of if they have or plan to donate the additional fish.

Exemptions for processed fish. If an individual collects up to the possession limit, then processes and freezes these fish but does not eat them, they continue to count against the possession limit until they are eaten. Currently, these fish could count against the possession limit indefinitely. This bill recommends that FGC clarify when processed fish could be exempted from the possession limit.

Prior Legislation

SB 345 contains language similar to AB 1709 (Frazier, 2014), which changed the transition age from junior hunting licenses to full price hunting licenses from 16 to 18, as well as SB 392 (Berryhill, 2013), which allowed charitable organizations and donor intermediaries to possess game birds and mammals in excess of the possession limit, provided they had documentation showing these animals were legally caught and transferred to the organization.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Appropriations Committee, this bill will have one-time costs of less than $150,000 from the Fish and Game Preservation Fund (special fund), likely in FY 2016-17, for programming costs of the Automated Licensing Data System. These costs may be offset by increased license fees. In addition, they estimate annual revenue reductions of approximately $660,000 to the Fish and Game Preservation Fund as a result of lower fishing license fees for 16- and 17- year olds.

SUPPORT: (Verified 5/29/15)

California Sportfishing League (source)

California Aquaculture Association

California Association for Recreational Fishing

California Association of Boutique & Breakfast Inns

California Chamber of Commerce

California Hotel & Lodging Association

California Parks Company

California Parks Hospitality Association

California Travel Association

Coastal Conservation Association

National Marine Manufacturers Association

Turner’s Outdoorsman

Visit Huntington Beach

OPPOSITION: (Verified 5/29/15)

None received

ARGUMENTS IN SUPPORT: According to the author, this bill encourages more individuals to become sport fishers by establishing a junior fishing license. They state that “recognizing that cost is a barrier for young hunters, the California State Legislature adopted a junior hunting license in 2014. The same consideration now should be given to young anglers.” The authors also state the need to exempt “bona fide charitable organizations from possession or out-of-season limits” as “angler clubs support various charitable causes that include, but are not limited to, environmental and habitat restoration, youth, veterans, education and those with disabilities. This bill would allow bona fide charitable organizations to use fish donated by recreational anglers at their functions without fear of being above possession or out-of-season limits.”

Prepared by: Angee Doerr / N.R. & W. / (916) 651-4116

6/2/15 21:43:03

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 345 (Berryhill) - The Sport Fishing Stimulus Act of 2015.

SUSPENSE FILE. AS AMENDED.

Bill Summary:

SB 345 would require that sport fishing licenses be valid for 12-months instead of a calendar year, lower the annual license cost for residents, and create a reduced-fee junior fishing license.

Fiscal Impact (as approved on May 28, 2015):

• One-time costs less than $150,000 from the Fish and Game Preservation Fund (special fund), likely in FY 2016-17, for programming costs of the Automated Licensing Data System. These costs may be offset by increased license fees.

• Annual revenue reductions of approximately $660,000 to the Fish and Game Preservation Fund as a result of lower fishing license fees for 16- and 17- year olds.

Background:

Sport fishing licenses are generally required to take fish, mollusks, crustaceans, invertebrates, amphibians or reptiles in the state. Additional validations and report cards are required for certain species and areas. Existing law specifies that licenses are only valid for the calendar year for which they are bought.

DFW is issues fishing licenses through an automated system called the Automated License Data System (ALDS) that allows for licenses to be purchased at any time online or over the telephone in addition to in-person purchases.

Proposed Law:

This bill would make several changes to the sport fishing licenses that would valid between 2018 and 2023. Specifically, during that period, this bill would:

• Make sports fishing licenses valid for 12 consecutive months beginning on the date specified on the license.

• Set the base fee for a residential 12-month permit at $42.50 for the 2018 license year, which may be adjusted for inflation in subsequent years.

• Raise the age requirement for a sports fishing license from age 16 to 18.

• Allow a resident or nonresident that is between 16 and 18 at the time of purchase, to purchase a 12-month license at the same costs as a single day license ($10 base fee to adjusted for inflation since 2004).

This bill would also exempt charitable organizations and donor intermediaries from the fish possession limit under a sport fishing licenses and directs the Fish and Game Commission to develop regulations or recommendations to the Legislature to clarify how processed fish should be treated for the purposes of the possession limit.

Related Legislation:

SB 583 (Berryhill, 2013) and AB 1786 (Mansoor, 2012, June 18 version) would have made fishing licenses valid for 12-months instead of the calendar year. SB 583 was held in submission by the Senate Appropriations Committee and AB 1786 was amended to address another issue.

Staff Comments:

This bill would require DFW to make significant programming changes to ALDS in order to offer a second type of sport fishing license at an estimated cost of $150,000. These costs might be reduced since the 2018 effective date of the license provisions of this bill would align with an update of ALDS. This bill would require that a fee be added to the 12-month license to recover the administrative costs of issuing the 12-month license. DFW estimates that around 580,000 of the approximately 1 million licenses sold annually would choose to purchase a 12-month license. If this estimate is correct, the administrative fee would be about 25 cents per license for one year.

Change from the calendar to 12-month license:

Staff notes that while this bill would allow for the sale of 12-month fishing licenses, any validations, such as enhancement stamps, will remain based on calendar year as required by statute. Thus, should this bill become law, the valid dates for the base sport fishing license will likely not align with the valid dates for the associated validations. The lack of alignment between the license and enhancement stamps is likely to cause consumer confusion. In 2012, slightly more than half of the fishing licenses sold, or about 580,000 licenses, were bought without any additional enhancement stamps.

This bill may also have an impact on sport fishing licenses fee revenues by reducing the number of licenses sold. DFW has surveyed other states that have shifted to a 12-month license. Georgia, Virginia, and Alabama all saw a decline in revenue and sales by 9 to 31% subsequent to changing their licensing terms. Texas also saw a reduction in annual license sales, but as license fees were increased, there were no lost revenues. Alabama reverted to a calendar year license after using 12-month licenses for over a decade. Switching back to a calendar year license coincided with a subsequent increase in license sales. Based on other state’s experience, DFW estimates a 20% reduction in sports fishing licenses. Given that sport fishing license revenues have ranged in the low- to mid-40 million dollar range in the past three years, such a reduction would result in $8 to $9 million in lost revenues.

DFW notes that the state receives federal grant funds as part of the Sport Fish Restoration Program. The amount the state receives is based on land area and the number of licensed anglers. Should this bill decrease the number of licenses sold, it would correspondingly decrease the amount of federal grant funds received by the state. Currently California receives the maximum state apportionment of the funding of 5% or approximately $18 million. DFW estimates that a 20% reduction in fishing licenses sold could result in a loss of $2.7 million to $4.5 million in federal Sport Fish Restoration Act funding.

Creation of the Junior Sports Fishing license:

Based off information from ALDS, DFW estimates that approximately 22,000 16- and 17- year olds purchase residential licenses and 100 non-residential licenses. Given the 2015 fees are $43.50 and $117, respectively, but would be lowered to $14, the current cost for a day-use license, under this bill, DFW estimates that there will be a loss of approximately $660,000 in revenues annually. Staff notes that the intent of the author is to stimulate license purchases of youth who have the potential to become life-long participants in the sport. To the extent that this bill spurs additional interest in sports fishing, the increased sales could offset the revenue losses from the reduced fee. However, whether there will be a change in license sales is uncertain. Staff also notes that the number of fishing licenses sold each year has been on a steady decline. Impacts of changes made by this bill would be additive to any other trends in sport fishing participation.

Lowering of fee for the Residential calendar year license:

The sections of the bill that are effective until 2018 and after 2023 (Sect 5 and 7) use 2004 as the reference base year for all license fees as these fees may be adjusted for inflation. But for the section that is valid between 2018 and 2023 (Sec 6), the bill switches the reference year to 2018 for the resident adult annual license and sets the base amount to $42.50. However, the base license fee in 2015 is $43.50 and by 2018, staff estimates that the base fee would be $45 based on inflation rates for the past five years. Thus, this bill is reducing the base fee from $45 to $42.50. Given that there are approximately 1 million calendar-year residential licenses sold each year, this change will result in a reduction of $2.5 million in annual license revenue. Staff notes that this change might not have been intentional by the author.

Other provisions relating to the possession limit:

DFW estimates the other changes proposed by this bill in regards to the possession limit and requirements of the Fish and Game Commission would be minor and absorbable.

Committee amendments (as adopted on May 28, 2015): Amend to delete creation of 12-month license, delete obsolete sections, and to add Asm. Olsen as a co-author.

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SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

SB 345 (Berryhill) - The Sport Fishing Stimulus Act of 2015.

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 345 would require that sport fishing licenses be valid for 12-months instead of a calendar year, lower the annual license cost for residents, and create a reduced-fee junior fishing license.

Fiscal Impact:

• One-time costs of approximately $150,000 from the Fish and Game Preservation Fund (special fund), likely in FY 2016-17, for programming costs of the Automated Licensing Data System. These costs may be offset by increased license fees.

• Annual revenue losses, potentially in the range of $8 to $9 million, to the Fish and Game Preservation Fund from 2018 to 2023 as a result in fewer license purchases.

• Annual revenue losses, potentially in the range of $2.7 to $4.5 million, to the Fish and Game Preservation Fund from reduced federal Sport Fish Restoration Act funds in 2018 through 2023

• Annual revenue reductions of approximately $2.5 million to the Fish and Game Preservation Fund from 2018 to 2023 as a result of reduced license fees.

• Annual revenue reductions of approximately $660,000 to the Fish and Game Preservation Fund as a result of lower fishing license fees for 16- and 17- year olds.

Background:

Sport fishing licenses are generally required to take fish, mollusks, crustaceans, invertebrates, amphibians or reptiles in the state. Additional validations and report cards are required for certain species and areas. Existing law specifies that licenses are only valid for the calendar year for which they are bought.

DFW is issues fishing licenses through an automated system called the Automated License Data System (ALDS) that allows for licenses to be purchased at any time online or over the telephone in addition to in-person purchases.

Proposed Law:

This bill would make several changes to the sport fishing licenses that would valid between 2018 and 2023. Specifically, during that period, this bill would:

• Make sports fishing licenses valid for 12 consecutive months beginning on the date specified on the license.

• Set the base fee for a residential 12-month permit at $42.50 for the 2018 license year, which may be adjusted for inflation in subsequent years.

• Raise the age requirement for a sports fishing license from age 16 to 18.

• Allow a resident or nonresident that is between 16 and 18 at the time of purchase, to purchase a 12-month license at the same costs as a single day license ($10 base fee to adjusted for inflation since 2004).

This bill would also exempt charitable organizations and donor intermediaries from the fish possession limit under a sport fishing licenses and directs the Fish and Game Commission to develop regulations or recommendations to the Legislature to clarify how processed fish should be treated for the purposes of the possession limit.

Related Legislation:

SB 583 (Berryhill, 2013) and AB 1786 (Mansoor, 2012, June 18 version) would have made fishing licenses valid for 12-months instead of the calendar year. SB 583 was held in submission by the Senate Appropriations Committee and AB 1786 was amended to address another issue.

Staff Comments:

This bill would require DFW to make significant programming changes to ALDS in order to offer a second type of sport fishing license at an estimated cost of $150,000. These costs might be reduced since the 2018 effective date of the license provisions of this bill would align with an update of ALDS. This bill would require that a fee be added to the 12-month license to recover the administrative costs of issuing the 12-month license. DFW estimates that around 580,000 of the approximately 1 million licenses sold annually would choose to purchase a 12-month license. If this estimate is correct, the administrative fee would be about 25 cents per license for one year.

Change from the calendar to 12-month license:

Staff notes that while this bill would allow for the sale of 12-month fishing licenses, any validations, such as enhancement stamps, will remain based on calendar year as required by statute. Thus, should this bill become law, the valid dates for the base sport fishing license will likely not align with the valid dates for the associated validations. The lack of alignment between the license and enhancement stamps is likely to cause consumer confusion. In 2012, slightly more than half of the fishing licenses sold, or about 580,000 licenses, were bought without any additional enhancement stamps.

This bill may also have an impact on sport fishing licenses fee revenues by reducing the number of licenses sold. DFW has surveyed other states that have shifted to a 12-month license. Georgia, Virginia, and Alabama all saw a decline in revenue and sales by 9 to 31% subsequent to changing their licensing terms. Texas also saw a reduction in annual license sales, but as license fees were increased, there were no lost revenues. Alabama reverted to a calendar year license after using 12-month licenses for over a decade. Switching back to a calendar year license coincided with a subsequent increase in license sales. Based on other state’s experience, DFW estimates a 20% reduction in sports fishing licenses. Given that sport fishing license revenues have ranged in the low- to mid-40 million dollar range in the past three years, such a reduction would result in $8 to $9 million in lost revenues.

DFW notes that the state receives federal grant funds as part of the Sport Fish Restoration Program. The amount the state receives is based on land area and the number of licensed anglers. Should this bill decrease the number of licenses sold, it would correspondingly decrease the amount of federal grant funds received by the state. Currently California receives the maximum state apportionment of the funding of 5% or approximately $18 million. DFW estimates that a 20% reduction in fishing licenses sold could result in a loss of $2.7 million to $4.5 million in federal Sport Fish Restoration Act funding.

Creation of the Junior Sports Fishing license:

Based off information from ALDS, DFW estimates that approximately 22,000 16- and 17- year olds purchase residential licenses and 100 non-residential licenses. Given the 2015 fees are $43.50 and $117, respectively, but would be lowered to $14, the current cost for a day-use license, under this bill, DFW estimates that there will be a loss of approximately $660,000 in revenues annually. Staff notes that the intent of the author is to stimulate license purchases of youth who have the potential to become life-long participants in the sport. To the extent that this bill spurs additional interest in sports fishing, the increased sales could offset the revenue losses from the reduced fee. However, whether there will be a change in license sales is uncertain. Staff also notes that the number of fishing licenses sold each year has been on a steady decline. Impacts of changes made by this bill would be additive to any other trends in sport fishing participation.

Lowering of fee for the Residential calendar year license:

The sections of the bill that are effective until 2018 and after 2023 (Sect 5 and 7) use 2004 as the reference base year for all license fees as these fees may be adjusted for inflation. But for the section that is valid between 2018 and 2023 (Sec 6), the bill switches the reference year to 2018 for the resident adult annual license and sets the base amount to $42.50. However, the base license fee in 2015 is $43.50 and by 2018, staff estimates that the base fee would be $45 based on inflation rates for the past five years. Thus, this bill is reducing the base fee from $45 to $42.50. Given that there are approximately 1 million calendar-year residential licenses sold each year, this change will result in a reduction of $2.5 million in annual license revenue. Staff notes that this change might not have been intentional by the author.

Other provisions relating to the possession limit:

DFW estimates the other changes proposed by this bill in regards to the possession limit and requirements of the Fish and Game Commission would be minor and absorbable.

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SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Fran Pavley, Chair

2015 - 2016 Regular

Bill No: SB 345 Hearing Date: April 28, 2015

Subject: The Sport Fishing Stimulus Act of 2015

BACKGROUND AND EXISTING LAW

The California Department of Fish and Wildlife (CDFW) is responsible for managing California's diverse fish, wildlife, and plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment by the public.

The California Fish and Game Commission (CFGC) is responsible for developing regulations to manage sport fishing and hunting, including amongst other things, sport fishing in California, to include licenses, fish stamps, daily bag limits, and possession limits.

Several sections of the Fish and Game Code authorize CDFW and CFGC to set sport fishing license, stamp, permit, and tag fees, and to increase these fees annually in accordance with the costs of implementing these programs (See Sections 713 and 7149, specifically).

Current law (Fish and Game Code §7145) requires a sport fishing license for any person, over the age of 16, attempting to take fish, mollusks, crustaceans, invertebrates, amphibians, or reptiles in inland or ocean waters. Additional validations and report cards are required for certain species and areas. These licenses are valid from January 1^st until December 31^st of a calendar year. In addition, California offers one-day fishing licenses and two-day fishing licenses (half the fee of an annual license) to residents and non-residents, as well as a ten-day non-resident fishing license that is priced equivalently to the annual resident fishing license.

§2001 and §12013 of the Fish and Game Code define violations of bag and possession limits and set appropriate fees for these violations. They allow for the transfer of a fish by a person within the bag and possession limits to another individual, provided that both individuals remain within these limits. Title 14 of the California Code of Regulations prohibits the possession of “more than one daily bag limit of each kind of fish, amphibian, reptile, mollusk or crustacean named in these regulations…regardless of whether they are fresh, frozen, or otherwise preserved.”

SB 345 contains language similar to AB 1709 (Frazier 2014), which changed the transition age from junior hunting licenses to full price hunting licenses from 16 to 18, as well as SB 392 (Berryhill 2013), which allowed charitable organizations and donor intermediaries to possess game birds and mammals in excess of the possession limit, provided they had documentation showing these animals were legally caught and transferred to the organization.

SB 583 (Berryhill 2013) and AB 1786 (Mansoor, 2011) also required CFGC to switch from a calendar year based fishing license to a license that was valid for 12 months from the date of purchase. Both of these bills passed the Natural Resources and Water Committee 9-0.

PROPOSED LAW

This bill would accomplish four primary goals:

1. Exempt charitable organizations and donor intermediaries from the possession limit for fish taken under a sports fishing license, as long as those organizations or individuals had a record of who lawfully caught and donated the fish.

2. Transition from a calendar-based annual sport fishing license to an annual license valid for twelve consecutive months from the date of purchase.

3. Introduce a “junior sport fishing license” at a reduced rate to any resident or non-resident that is either sixteen or seventeen years of age at the time of purchase. This license would also be good for twelve consecutive months from the date of purchase, as long as the purchaser was under 18 at time of purchase.

4. Direct the commission to develop regulations clarifying when fish that had been lawfully taken and then processed (e.g., filleted, frozen, smoked) no longer violated the possession limit.

ARGUMENTS IN SUPPORT

According to the author, “cost and value are among the greatest barriers to participation” in sport fishing in California, “as licenses that can expire just months after being purchased provide little value to anglers, especially at a base price of $47.01, or more than $120 with permits.” This bill would encourage more sport fishers by established a twelve-consecutive-month license, as well as a junior fishing license. They state that “recognizing that cost is a barrier for young hunters, the California State Legislature adopted a junior hunting license in 2014. The same consideration now should be given to young anglers.” Finally, the authors state the need to exempt

“bona fide charitable organizations from possession or out-of-season limits” as “angler clubs support various charitable causes that include, but are not limited to, environmental and habitat restoration, youth, veterans, education and those with disabilities. This bill would allow bona fide charitable organizations to use fish donated by recreational anglers at their functions without fear of being above possession or out-of-season limits.”

ARGUMENTS IN OPPOSITION

None received

COMMENTS

Does this bill accomplish its stated goal? This bill, referring to itself as the Sport Fishing Stimulus Act of 2015, states that it is time to “invest in [the] future of California’s fisheries and fishing communities.” Towards that end, it seeks to encourage more individuals to get involved in sport fishing in California by creating a junior fishing license and transitioning from the current calendar year licensing system to a 12 consecutive month from purchase date system.

How will these changes impact revenue? This bill has the potential to affect current funding for CDFW programming through both of its changes to the licensing programs. The price recommended for a junior sport fishing license ($8.25) is less than the current price of a single day fishing license ($15.12), and would require at least five junior fishermen to sign up to replace every one sixteen or seventeen year-old currently in possession of a standard fishing license ($47.01). In addition, CDFW License Program Analyst Glenn Underwood recently stated that, following the transition from calendar licensing to 12 consecutive month licensing, “license sales declined from 10 to 30 percent in the three years following implementation.” Sport fishers would “wait until the last minute to purchase a license, as they knew it would be valid for one year from that date. Then when their licenses expired, customers again waited to renew until they fished again, creating a gap in licensure. After a few years the sum of the gaps was often greater than a year and a complete license sale was lost.”

Is the junior sport fishing license equivalent to the junior hunting license? Currently, all hunters, regardless of age, are required to purchase a hunting license. AB 1709 (Frazier 2014), which was chaptered last year, raised the age limit for the junior hunting license from 16 to 18. However, all hunters under eighteen are required to have this license. Currently, sport fishers under the age of sixteen are not required to have a fishing license. As many individuals begin fishing at a very young age, it is unclear if providing a junior fishing licenses for sport fishers between the ages of 16 and 18 will result in more individuals sport fishing.

Fishing stamps, tags, and reporting requirements remain unchanged. As written, this bill currently only impacts the sports fishing license. Validations and report cards would still be issued on an annual basis. This bill will either need to be amended to address this concern, or individuals will need to purchase new validations in January, regardless of when their sport fishing license expires.

Is the non-profit exemption a solution in search of a problem? Under this bill, non-profits and donor intermediaries will be exempted from the possession limit for fish species, as long as they have documentation of when they received the fish, as well as the licensing information of the individual who collected the fish and any appropriate tags. This language is nearly identical to SB 392 (Berryhill 2013), which was chaptered last year. Currently, Fish and Wildlife is unaware of any occurrences where not having this exemption in place has proven to be an issue in recent years, or of not-profits getting fined for being in violation of the possession limit. However, this language would prevent such an occurrence from happening in the future, as well as provide guidance to any non-profit interesting in acquiring a large donation of fish. Per Fish and Wildlife, once a fishermen has collected their daily limit, they may not continue to fish for that species on that day, regardless of if they have or plan to donate the additional fish.

Exemptions for processed fish. If an individual collects up to the possession limit, then processes and freezes these fish but does not eat them, they continue to count against the possession limit until they are eaten. Currently, these fish could count against the possession limit indefinitely. The bill would recommend that the Fish and Game Commission clarify when processed fish could be exempted from the possession limit.

SUGGESTED AMENDMENTS

AMENDMENT 1

Revise §7149 and §7149.05 to provide a 5-year sunset date of January 1, 2023. (Legislative Counsel to draft specific language.)

AMENDMENT 2

Clarify the date ranges applicable for the junior license; increase the price so that it is at least equivalent to a one day fishing license

AMENDMENT 3

Revise §7149 and §7149.05 (a) (3) to read: A resident or nonresident, 16 years of age or older and under 18 years of age at the time of purchase, for the period of 12 consecutive months beginning on the date specified on the license, upon the payment of a base fee of eight dollars and twenty-five cents ($8.25). A license issued pursuant to this paragraph shall be known as a junior sport fishing license., and shall remain valid for 12 consecutive months beginning on the date specified on the license regardless of the individual’s birthdate.

SUPPORT

California Sportfishing League (sponsor)

California Aquaculture Association

California Association for Recreational Fishing

California Association of Boutique & Breakfast Inns

California Chamber of Commerce

California Hotel & Lodging Association

California Parks Company

California Parks Hospitality Association

California Travel Association

Coastal Conservation Association

National Marine Manufacturers Association

Turner’s Outdoorsman

Visit Huntington Beach

OPPOSITION

None Received

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