AB 478: Sport fishing licenses: age requirement.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-02-13
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 sport fishing 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.
This bill would raise the age at which a person is required to obtain a sport fishing license to 18 years of age or older and would make other conforming changes.
(a)In addition to Section 3031, 3031.2, 7149.05, or 7149.2 and notwithstanding Section 3037, the department shall issue lifetime sportsmans licenses pursuant to this section. A lifetime sportsmans license authorizes the taking of birds, mammals, fish, reptiles, or amphibia amphibians anywhere in this state in accordance with 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 pursuant to this code. A lifetime sportsmans license is not transferable. A lifetime sportsmans license does not include any special tags, stamps, or other entitlements.
(b)A lifetime sportsmans license may be issued to residents, as follows:
(1)To a person 62 years of age or over upon payment of a base fee of seven hundred thirty dollars ($730).
(2)To a person 40 years of age or over and less than 62 years of age upon payment of a base fee of one thousand eighty dollars ($1,080).
(3)To a person 10 years of age or over and less than 40 years of age upon payment of a base fee of one thousand two hundred dollars ($1,200).
(4)To a person less than 10 years of age upon payment of a base fee of seven hundred thirty dollars ($730).
(c)(1)This section does not require a person less than 16 years of age to obtain a license to take fish, reptiles, or amphibia for purposes other than profit or to obtain a license to take birds or mammals, except as required by law.
(2)This section does not require a person less than 18 years of age to obtain a license to take fish, reptiles, or amphibians for purposes other than profit, except as required by law.
(d)This section does not exempt an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting or sport fishing.
(e)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license or lifetime sportsmans license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags issued pursuant to Section 4654. Lifetime privileges issued pursuant to this subdivision are not transferable.
(f)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license or lifetime sportsmans license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(g)The base fees specified in this section are applicable commencing January 1, 2004, and shall be adjusted annually thereafter pursuant to Section 713.
(h)The commission shall adjust the amount of the fees specified in subdivision (g), as necessary, to fully recover, but not exceed, all reasonable administrative implementation costs of the department and the commission relating to those licenses.
SEC. 2.Section 7145 of the Fish and Game Code is amended to read:7145.(a)Except as otherwise provided in this article, every person 16 18 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit shall first obtain a valid license for that purpose and shall have that license on his or her person or in his or her immediate possession or where otherwise specifically required by law or regulation to be kept when engaged in carrying out any activity authorized by the license. In the case of a person diving from a boat, the license may be kept in the boat, or in the case of a person diving from the shore, the license may be kept within 500 yards of the shore.
(b)(1)This section does not apply to an owner of privately owned real property, or the owners invitee, who, without providing compensation, takes fish for purposes other than profit from a lake or pond that is wholly enclosed by that owners real property and that is located offstream and does not at any time derive water from, or supply water to, any permanent or intermittent artificial or natural lake, pond, stream, wash, canal, river, creek, waterway, aqueduct, or similar water conveyance system of the state. Access and control of the real property shall be under the direct authority of the owner and not that of another person or entity.
(2)This subdivision does not, and shall not be construed to, authorize the introduction, migration, stocking, or transfer of aquatic species, prohibited species, or any other nonnative or exotic species into state waters or waterways. This subdivision does not supersede or otherwise affect any provision of law that governs aquaculture, including, but not limited to, the operation of trout farms, or any activity that is an adjunct to or a feature of, or that is operated in conjunction with, any other enterprise operated for a fee, including, but not limited to, private parks or private recreation areas.
SEC. 3.Section 7149.05 of the Fish and Game Code is amended to read:7149.05.(a)A sport fishing license granting the privilege to take any fish, reptile, or amphibia amphibian anywhere in this state for purposes other than profit shall be issued to any of the following:
(1)A resident, 16 18 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, of that year, upon payment of a base fee of thirty-one dollars and twenty-five cents ($31.25).
(2)A nonresident, 16 18 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, of that year, upon payment of a base fee of eighty-four dollars ($84).
(3)A nonresident, 16 18 years of age or older for the period of 10 consecutive days beginning on the date specified on the license license, upon payment of the fee set forth in paragraph (1).
(4)A resident or nonresident, 16 18 years of age or older, for two designated days, upon payment of one-half the fee set forth in paragraph (1). Notwithstanding Section 1053, 1053.1, more than one single day single-day license issued for different days may be issued to, or possessed by, a person at one time.
(5)A resident or nonresident, 16 18 years of age or older, for one designated day upon payment of a base fee of ten dollars ($10).
(b)California sport fishing license validations shall be issued by authorized license agents in the same manner as sport fishing licenses, and no compensation shall not be paid to the authorized license agent for issuing the validations except as provided in Section 1055.1.
(c)This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System.(d)(c)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)(d)The commission shall adjust the amount of the fees specified in subdivision (d), (c), 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. 4.Section 7149.2 of the Fish and Game Code is amended to read:7149.2.(a)In addition to Sections 714 and 7149.05, the department shall issue a lifetime sport fishing license under this section. A lifetime sport fishing license authorizes the taking of fish, amphibians, or reptiles 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 sport fishing license is not transferable. A lifetime sport fishing license does not include any special tags, stamps, or fees.
(b)A lifetime sport fishing 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 18 years of age to obtain a license to take fish, amphibians, or reptiles for purposes other than profit.
(d)Nothing in this section exempts a license applicant from meeting other qualifications or requirements otherwise established by law for the privilege of sport fishing.
(e)Upon payment of a base fee of two hundred forty-five dollars ($245), a person holding a lifetime sport fishing license or lifetime sportsmans license shall be entitled annually to the privileges afforded to a person holding a second-rod stamp or validation issued pursuant to Section 7149.45, a sport fishing ocean enhancement stamp or validation issued pursuant to subdivision (a) of Section 6596.1, one steelhead trout report restoration card issued pursuant to Section 7380, and one salmon punchcard issued pursuant to regulations adopted by the commission. Lifetime privileges issued pursuant to this subdivision are not transferable.
(f)The base fees specified in this section are applicable commencing January 1, 2004, and shall be adjusted annually thereafter pursuant to Section 713.
REVISIONS: HeadingLine 2.|
Date
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Status
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| Feb 1, 2018 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2018 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 26, 2017 | In committee: Held under submission. |
| Apr 5, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Mar 21, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (March 21). Re-referred to Com. on APPR. |
| Mar 21, 2017 | Coauthors revised. |
| Feb 27, 2017 | Referred to Com. on W.,P., & W. |
| Feb 14, 2017 | From printer. May be heard in committee March 16. |
| Feb 13, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Mar 21, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California Sportfishing League | ** Support | Mar 17, 2017 |
| california sportsman's lobby, inc., the | ** Support | Mar 17, 2017 |
| California Sportsmans Lobby, Inc., The | ** Support | Mar 17, 2017 |
| Outdoor Sportsmen'S Coalition Of California | ** Support | Mar 17, 2017 |
| Outdoor SportsmenS Coalition Of California | ** Support | Mar 17, 2017 |
Date of Hearing: April 5, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 478
Author:(Waldron) – As Introduced Ver:February 13, 2017
Policy Committee: | Water, Parks and Wildlife | Vote: | 13 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill eliminates the requirement for 16 and 17-year olds to obtain a sport fishing license to take any fish and makes conforming changes.
FISCAL EFFECT:
- Ongoing annual DFW revenue loss of $1.55 million (Fish and Game Preservation Fund).
- Potential future federal revenue loss from Sport Fish Restoration Act funds.
The amount of funding each state receives is based on land area (40%) and the number of licensed anglers (60%) in proportion to the national total. The amounts apportioned to the States are adjusted so no state receives more than 5% or less than 1% of the total. In 2016, California received $18, 053,855, the maximum 5% allowed. A reduction in license sales could result in a loss of future federal funds provided to California.
- Absorbable costs to reprogram DFW's automated license data system.
COMMENTS:
- Purpose. According to the author, trends show that the significant decline in recreational fishing will continue, especially as fewer young people select fishing as a form of outdoor recreation due to the high cost of licenses. This bill raises the age requirement for fishing licenses to 18 years old, allowing minors to fish for free for an additional two years.
- Background: The base fee for a residential fishing license was set at $31.25 in 2004. With statutory adjustments for inflation, the 2017 fishing license fee is $47.01 for residents, and $126.36 for nonresidents. In addition to a sport fishing license, DFW requires a report card for certain fish. The most expensive report card is for Abalone which costs $22.42. Fishing with a second rod and fishing in certain ocean waters requires a validation. Fishing with second rod is the most expensive of these requirements with a cost of $14.61. To fish in an unregulated fishery costs $47.01 for those 16 years of age and up, and to fish with a second rod costs $61.62 ($47.01 + $14.61).
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 result in a loss of licensing revenue to the DFW, the proponents of the bill argue, by removing the fee, 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. Whether removing the requirement for a license for 16 and 17-years olds will encourage more individuals to take up fishing is unknown.
- Prior and Related Legislation. SB 345 (Berryhill), of the 2015-16 Legislative Session would have created a reduced-fee junior sport fishing license of $10 base fee ($15.12 adjusted) for 16 and 17-year olds. This bill was held on suspense in this Committee.
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.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: March 21, 2017
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Eduardo Garcia, Chair
ABPCA Bill Id:AB 478 (
Author:Waldron) – As Introduced Ver:February 13, 2017
SUBJECT: Sport fishing licenses: age requirement
SUMMARY: Eliminates the requirement for persons 16 and 17 years of age to obtain a sport fishing license to take any fish. Specifically, this bill:
Makes numerous changes throughout the code necessary to eliminate the requirement for a person 16 and 17 years of age to obtain a sport fishing license.
EXISTING LAW:
- Places no requirement on persons under 16 years of age to obtain a sport fishing license to take fish.
- 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.
- 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.
- Requires the purchase of certain sport fishing report cards, validations, or entitlements, in addition to a sport fishing license, to fish for certain species of fish or in certain locations. Examples of sport fishing report cards include a sport fishing ocean enhancement stamp, a steelhead trout report card, a second rod sport fishing validation, and a salmon punch card.
- Allows purchase of a lower cost junior hunting license by persons under 18 years of age.
FISCAL EFFECT: Unknown, but SB 345 (Berryhill), 2016, that would have created a $15.12 reduced-fee sport fishing license for persons 16 and 17 years of age had estimated annual revenue losses of approximately $660,000.
COMMENTS: Raises the age from 16 to 18 at which a person is required to have a sport fishing license to fish.
- Author’s statement: Trends show that the significant decline in recreational fishing will continue, especially as fewer young people select fishing as a form of outdoor recreation due to the high cost of licenses. The best way to increase the number of young people being introduced to fishing is to make it affordable for families. AB 478 will raise the age requirement for fishing licenses to 18 years old, allowing minors to fish for free for an additional two years.
- Background: The mission of the California Department of Fish and Wildlife (DFW) is “to manage 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 base fee for a residential fishing license was set at $31.25 in 2004. With statutory adjustments for inflation, the 2017 fishing license fee is $47.01 for residents, and $126.36 for nonresidents. In addition to a sport fishing license, DFW requires a report card for certain fish. The most expensive report card is for Abalone which costs $22.42. Fishing with a second rod and fishing in certain ocean waters require a validation. Fishing with second rod is the most expensive of these requirements with a cost $14.61. To fish in an unregulated fishery would cost $47.01 for those 16 years of age and up, and to fish with a second rod would cost $61.62 ($47.01 + $14.61).
This bill would treat persons 16 and 17 years of age the same as those under the age of 16, and would not require the purchase of a fishing license to fish.
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 result in a loss of licensing revenue to the DFW, the proponents of the bill argue, by removing the fee 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. Whether removing the requirement for a license for a person 16 and 17 years of age 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.
Exacerbating an existing budget deficit at DFW? The DFW has an annual operating shortfall of $20 million in its Fish and Game Preservation Fund, non dedicated account. The fees from sport fishing licenses feed into the fund. Removing this revenue from 16 and 17 year old sport fishing fees will, at least in the short term, increases the size of that deficit. Based on the analysis of the policy in SB 345 (Berryhill) 2016, that increase in the deficit would likely be in the range of $1 million annually. In the January budget, the Governor proposed to address the annual operating shortfall primarily through increased commercial fishing landing fees, and from a onetime shift of funds from a trust account funded by lifetime hunting and sport fishing licenses. The likelihood of the Governor’s proposal or some other approach moving forward is not known at this time.
Prior and Related Legislation:
- SB 345 (Berryhill), 2015, for 5 years would have created a reduced-fee junior sport fishing license of $10 base fee ($15.12 adjusted) for 16 and 17 year olds. The bill died in Assembly Appropriations committee.
- 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.
- Supporting Arguments: Raising the minimum age at which a fishing license must be purchased will allow more young people to experience the sport of fishing which, in turn, will result in more of them becoming license fishermen and women as adults. Studies have found that 71% of anglers experienced fishing for the first time as a child. Making fishing more affordable and accessible will only help grow recreation fishing’s $4.6 billion annual contribution to communities dependent on outdoor tourism.
REGISTERED SUPPORT / OPPOSITION:
Support
California Sportfishing League
California Sportsman’s Lobby, Inc., The
Outdoor Sportsmen’s Coalition of California
Opposition
None on file
Analysis Prepared by: Ryan Ojakian / W., P., & W. /
Discussed in Hearing
1H
Assembly Standing Committee on Appropriations
7MIN
Assembly Standing Committee on Water, Parks, and Wildlife
Bill Author
Bill Co-Author(s):
