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. Existing law requires the Department of Fish and Wildlife to issue an annual sport fishing license to a resident or nonresident upon payment of the applicable fee. Under existing law, the annual sport fishing license is valid for the period of a calendar year, or, if issued after the beginning of the year, for the remainder of the year.

Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue an annual hunting license to a resident or nonresident upon payment of the applicable fee. Under existing law, the annual hunting license is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of the term, for the remainder of the term.

This bill would create the annual sportsmans combined hunting and fishing license that affords the holder of the license the same privileges as the annual hunting and fishing licenses and is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of that term, for the remainder of the term. The bill would limit the issuance of these licenses to residents and would require the Department of Fish and Wildlife to issue these licenses from January 1, 2020, to January 1, 2026, inclusive, upon payment of a fee of $85. The bill would require the fee to be adjusted annually pursuant to a specified index. The bill would require the department to collect all relevant, appropriate, and sufficient data necessary to evaluate the benefit of the annual sportsmans combined hunting and fishing license and to justify the amount of the fee. The bill would require the department to submit a report to the Legislature evaluating the annual sportsmans combined hunting and fishing license on or before December 1, 2024.

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. Existing law requires the Department of Fish and Wildlife to issue an annual sport fishing license to a resident or nonresident upon payment of the applicable fee. Under existing law, the annual sport fishing license is valid for the period of a calendar year, or, if issued after the beginning of the year, for the remainder of the year.

Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue an annual hunting license to a resident or nonresident upon payment of the applicable fee. Under existing law, the annual hunting license is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of the term, for the remainder of the term.

This bill would create the annual sportsmans license that affords the holder of the license the same privileges as the annual hunting and fishing licenses but that and is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of that term, for the remainder of the term. The bill would limit the issuance of these licenses to residents and would require the Department of Fish and Wildlife to issue these licenses from January 1, 2020, to January 1, 2026, inclusive, upon payment of an unspecified fee. a fee of $85. The bill would require the fee to be adjusted annually pursuant to a specified index. The bill would require the department to collect all relevant, appropriate, and sufficient data necessary to evaluate the benefit of the annual sportsmans license and to justify the amount of the fees. fee. The bill would require the department to submit a report to the Legislature evaluating the annual sportsmans license on or before December 1, 2024.

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. Existing law requires the Department of Fish and Wildlife to issue an annual sport fishing license to a resident or nonresident upon payment of the applicable fee. Under existing law, the annual sport fishing license is valid for the period of a calendar year, or, if issued after the beginning of the year, for the remainder of the year.

Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue an annual hunting license to a resident or nonresident upon payment of the applicable fee. Under existing law, the annual hunting license is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of the term, for the remainder of the term.

This bill would create the annual sportsmans license that affords the holder of the license the same privileges as the annual hunting and fishing licenses but that is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of that term, for the remainder of the term. The bill would limit the issuance of these licenses to residents and would require the Department of Fish and Wildlife to issue these licenses from January 1, 2020, to January 1, 2026, inclusive, upon payment of an unspecified fee. The bill would require the fee to be adjusted annually pursuant to a specified index. The bill would require the department to collect all relevant, appropriate, and sufficient data necessary to evaluate the benefit of the annual sportsmans license and to justify the amount of the fees. The bill would require the department to submit a report to the Legislature evaluating the annual sportsmans license on or before December 1, 2024.

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. Existing law requires the Department of Fish and Wildlife to issue an annual sport fishing license to a resident or nonresident upon payment of the applicable fee. Under existing law, the annual sport fishing license is valid for the period of a calendar year, or, if issued after the beginning of the year, for the remainder of the year.

Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue an annual hunting license to a resident or nonresident upon payment of the applicable fee. Under existing law, the annual hunting license is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of the term, for the remainder of the term.

This bill would create the annual sportsmans license that affords the holder of the license the same privileges as the annual hunting and fishing licenses but that is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of that term, for the remainder of the term. The bill would limit the issuance of these licenses to residents and would require the Department of Fish and Wildlife to issue these licenses upon payment of an unspecified fee. The bill would require the fee to be adjusted annually pursuant to a specified index.

Date of Hearing: August 8, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 1311

Author:(Berryhill) – As Amended Ver:June 27, 2018

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

SUMMARY:

This bill requires the Department of Fish and Wildlife (DFW), beginning January 1, 2020, until January 1, 2026, to offer an annual combined hunting and fishing license (combined license) pilot program, as defined. The combined license provides the same privileges as the annual hunting license and annual fishing license. Specifically, this bill:

1. Establishes a base fee for the combined license of $85, requires the fee to be annually adjusted for inflation, and limits the issuance to California residents.
2. Requires the fee for the license to be adjusted annually to fully recover, but not exceed, all reasonable administration and implementation costs, as specified.
3. Requires DFW to collect all relevant, appropriate, and sufficient data necessary to evaluate the benefit of the combined license and to justify the amount of the fee. Data collection efforts shall avoid duplication and use data collected for other purposes, as feasible.
4. Requires DFW to submit a report, as specified, to the Legislature evaluating the combined license by December 1, 2024.

FISCAL EFFECT:

1. Unknown annual DFW revenue reductions estimated between approximately $67,500 and $585,000 per year for five years. This is based on a range of 15,000 to 130,000 people annually taking advantage of the $4.50 discount by purchasing a combined license. Fish and Game Preservation Fund, FGPF.
2. One-time administrative costs of approximately $60,000 to update automated license data system, $30,000 to update regulations, and $15,000 to prepare and submit a report to the Legislature (FGPF).
   

COMMENTS:

1. Purpose. According to the author:

This bill would provide an additional licensing option for hunters and fishermen by creating an annual combination hunting and fishing license. This would provide many sportsmen the convenience of only having to purchase one license per year and—recognizing that California currently has some of the highest hunting and fishing license fees of any state—also offer some cost relief (5% discount) as opposed to buying each hunting and fishing license separately.

1. Background. A resident hunting license currently costs $48.34 and is valid July 1 through June 30, or for the remainder of the year if purchased after July 1. Hunting tags for big game animals, including bear, elk, deer, antelope, bighorn sheep, wild pigs, and bobcats, are also required, but generally limited to specific numbers set by the Fish and Game Commission. These range in cost from around $20 per tag to up to $450. Taking ducks and some upland game birds requires a separate validation (approximately $20 and $9, respectively).

A resident sport fishing license currently costs $48.34 and is valid January 1 through December 31, or for the remainder of the year if purchased after January 1. In addition to a sport fishing license, DFW requires a report card for certain aquatic animals including abalone, sturgeon, North Coast salmon, steelhead, and spiny lobster. Report cards range from approximately $1 to $22. Fishing with a second rod and fishing in certain ocean waters require an additional validation ($14 and $5, respectively).

Both hunting and fishing licenses are available at discounted rates for certain populations and valid periods as is a lifetime license providing significant savings over the course of the hunter/angler’s life.

Sport fishing licenses are available for $7.56 for disabled veterans, low-income Native Americans and seniors, and recovering service members, and free for the mobility impaired, blind, or developmentally disabled. DFW also offers a one-, two-, and ten-day (nonresident only) license ($15.69, $24.33, and $48.34, respectively).

Reduced-fee hunting licenses include: reduced fee for junior hunters ($12.70) and disabled veterans/recovering service members ($7.56); one- and two-day (nonresident only) licenses ($21.25 and $44.75, respectively).

Current law requires DFW to annually adjust the fees it charges for any license, tag, permit, stamp, and other entitlements by specified inflation factors.

1. DFW Funding. The FGPF, DFW’s discretionary spending fund, has an ongoing structural deficit with expenditures exceeding revenues. The 2018 Budget Act provides sufficient resources to fund DFW through 2020-21, however, more permanent solutions will be necessary to address the deficit. An ongoing annual decrease of over $500,000 would add additional fiscal pressures to the existing structural imbalance of the fund.

The 2018-19 budget solution includes trailer bill language requiring DFW to complete an independent service-based budget review. The committee may wish to consider whether it is premature to make programmatic changes that affect the FGPF prior to completion of the service-based budget review.

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

Date of Hearing: June 26, 2018

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Eduardo Garcia, Chair

SBPCA Bill Id:SB 1311

Author:(Berryhill) – As Amended Ver:June 19, 2018

SENATE VOTE: 39-0

SUBJECT: Fishing and hunting: annual sportsman’s licenses

SUMMARY: Requires the Department of Fish and Wildlife (DFW) to, beginning January 1, 2020, until January 1, 2026, offer an annual sportsman’s license, pilot program, as defined. The sportsman’s license affords the license holder the same privileges as the annual hunting license and annual fishing license from July 1 to June 30, inclusive, or, if issued after the beginning of that term, for the remainder of the term. Specifically, this bill:

1. Establishes a base fee for the annual sportsman’s license of $85, requires that fee be adjusted for inflation in accordance with existing law annually, and limits the issuance to residents.
2. Requires the fee for the license to be adjusted annually to fully recover, but not exceed, all reasonable administration and implementation costs of the license for the DFW and the Fish and Game Commission.
3. Requires the DFW to collect all relevant, appropriate, and sufficient data necessary to evaluate the benefit of the annual sportsman’s license and to justify the amount of the fees. Data collection efforts shall avoid duplication and use data collected for other purposes, as feasible.
4. Requires the DFW to submit a report, as specified, to the Legislature evaluating the annual sportsman’s license on or before December 1, 2024.

EXISTING LAW:

1. Declares legislative intent that the costs of hunting and sport fishing programs shall be provided out of hunting and sport fishing revenues and reimbursements and federal funds received for hunting and sport fishing programs, and other funds appropriated by the Legislature for this purpose, as specified.
2. Requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purposes 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.

The DFW offers an annual sport fishing license that is valid for a calendar year or, if issued after the beginning of the year, for the remainder thereof, upon payment for a fee of $44.75 in 2018. The DFW charges a three percent application fee for every license, and brick and mortar facilities are allowed to charge an additional five percent. With these additional fees consumers pay a minimum of $46.09 and a maximum of $48.34 for an annual sport fishing license.

1. Requires every person who takes a bird or mammal to first obtain a hunting license 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.

The DFW offers an annual hunting license that is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of the term, for the remainder of the term for a base fee of $44.75 in 2018. The DFW charges a three percent application fee for every license, and brick and mortar facilities are allowed to charge an additional five percent. With these additional fees consumers pay a minimum of $46.09 and a maximum of $48.34 for an annual hunting license.

1. Requires the purchase of certain sport fishing validations, stamps and cards for specified areas and circumstances which are only good for a calendar year. These include, for example, an ocean enhancement validation, a steelhead report card, a second rod validation and a Colorado River validation. In addition, certain bag limits, such as for abalone, are reported annually. Most, but not all, recreational fisheries are open year round. Similarly, the purchase of tags, stamps and validations to take particular game animals in season or to participate in certain hunts is also required.

FISCAL EFFECT: Unknown.

COMMENTS: This bill requires the DFW to, beginning January 1, 2020, until January 1, 2026, offer an annual sportsman’s license pilot program that affords the license holder the same privileges as the annual hunting and fishing licenses.

Author’s Statement:

This bill would provide an additional licensing option for hunters and fishermen by creating an annual combination hunting and fishing license. This would provide many sportsmen the convenience of only having to purchase one license per year and—recognizing that California currently has some of the highest hunting and fishing license fees of any state—also offer some cost relief (5% discount) as opposed to buying each hunting and fishing license separately.

Background: Participation in Fishing and Hunting are Declining. Fishing license sales in California peaked in the early 1980s with approximately 2.5 million licenses being issued in a single year. In 2017, there were approximately 1.8 million licenses issued. However, in that time, annual (year-long) licenses fell from nearly 2.3 million to approximately 1 million.

According to national surveys by the U.S. Fish and Wildlife Service (USFWS), participation in hunting peaked with nearly 17 million hunters in 1982 and has steadily declined to 11.5 million hunters in 2016. Hunting in California has tracked that trend. In 1970, the first year for which there is complete data, there were nearly 700,000 licensed hunters and over 70,000 licensed junior hunters. In 2016, the last year of complete data, there were under 240,000 licensed hunters and just over 5,500 licensed junior hunters.

There are fewer hunters in all age groups, and particularly fewer young hunters. Currently, significantly more hunters are over 45 years of age than under 45 years of age. As recently as the 1990s the age distribution was flipped with over 70 percent of hunters under the age of 45 years. As many as 90 percent of new hunters are the children of current hunters with very few new participants coming from outside of existing hunting circles.

Recruitment, Retention, and Reactivation (R3). The question of attracting new hunters, which has ramifications for conservation funding, has been debated for some time. Those concerned about the decline have identified recruitment, retention and reactivation (R3) programs as the best approach to reverse the decline in hunting. To date, R3 programs have had limited success.

Recently, there has been interest by state wildlife departments in R3. Two years ago, just seven states had R3 coordinators. As of January of this year, 26 states have R3 coordinators. California is included in this trend, and has recently taken a more proactive approach to R3 with the DFW actively pursuing a coordinated approach to implementing successful R3 programs. Specifically, the DFW has created an internal R3 Task Force of executive-level staff, hired a full-time R3 coordinator, is coordinating with fishing and hunting R3 stakeholders and evaluating its current R3 programs. The DFW has stated it plans to draft a California Hunting and Fishing R3 Action Plan in coordination with stakeholders, and then partner with stakeholders to implement the initiatives in the plan.

This Bill and Other States. Many other states offer a combined hunting and fishing license. Generally, those states offer the combined license at a discount of between 5 and 20 percent. California’s border states of Oregon, Nevada, and Arizona offer combined licenses at a discount of 7.5 percent, 5 percent, and 23 percent respectively. This bill would create a new sportsman’s license in California that would be offered at a five percent discount.

There is research indicating that changing types of licenses and offering more licensing choices can increase license sales. According to some research “licensing changes, which can include repackaging of licenses or a recombination of various privileges, can have the effect of marketing because the hunter and/ or angler may perceive that a better deal is available, that the license is ‘new and improved,’ or he or she may simply be reminded of the opportunities to hunt and fish.”

DFW Funding. The Fish and Game Preservation Fund (FGPF) is the DFW’s discretionary spending fund. The FGPF has a structural deficit of approximately $20 million annually. The 2018-19 budget proposes a temporary funding solution to the structural deficit, and required the DFW to engage in a service-based budget review.

Committee Amendments: Proponents of the bill represent that part of the goal of creating the “sportsman’s” license is to attract new hunters and fishers. It may be more appropriate to call the new license a “combined hunting and fishing” license, a term that is more accessible to those who are not regular hunters or fishers. The “combined hunting and fishing” term is also in line with what other states call similar licenses. The committee suggests replacing “sportsman’s” the ten times it appears in the bill with “combined hunting and fishing”.

Supporting Arguments: Many other states, including neighboring Oregon, Arizona, and Nevada offer annual combination licenses to residents. The licenses have proven popular, as many sportsmen both hunt and fish on an annual basis. Providing a combined license option to hunters and fishermen will make it easier and less time consuming to become fully licensed for those who participate in both sports. It would reduce the number of licenses necessary, do away with differing expiration dates and, possibly, result in a lower overall license expense.

REGISTERED SUPPORT / OPPOSITION:

Support

California Rifle And Pistol Association, Inc.

California Sportsman's Lobby, Inc.

California Travel Association

Outdoor Sportsmen's Coalition of California

Safari Club International

Safari Club International Foundation

Opposition

None on file

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

 THIRD READING  

Bill No: SB 1311

Author:

:

Vote:

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 4/16/18

AYES: Hertzberg, Stone, Allen, Hueso, Jackson, McGuire, Monning, Stern, Vidak

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SUBJECT:

SOURCE: California Waterfowl Association

DIGEST:

This bill creates an annual sportsman’s license pilot program that affords the licenseholder the same privileges as the annual hunting and fishing licenses from July 1 to June 30, inclusive, or, if issued after the beginning of that term, for the remainder of the term.

ANALYSIS:

Existing law:

1. Declares legislative intent that the costs of hunting and sport fishing programs shall be provided out of hunting and sport fishing revenues and reimbursements and federal funds received for hunting and sport fishing programs, and other funds appropriated by the Legislature for this purpose, as specified.
2. Requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purposes 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.
3. 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 the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof.
   1. Sport fishing licenses for shorter periods (e.g. one and two days (residents) and 10 days (nonresidents), among others) are also available.
4. Requires the Department of Fish and Wildlife (Department) to issue an annual hunting license which grants the privilege to take birds and mammals to a resident or nonresident upon payment of the applicable fee.
   1. The annual hunting license is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of the term, for the remainder of the term. One or two day hunting licenses are also available.
5. Requires the purchase of certain sport fishing validations, stamps and cards for specified areas and circumstances which are only good for a calendar year. These include, for example, an ocean enhancement validation, a steelhead report card, a second rod validation and a Colorado River validation. In addition certain bag limits, such as for abalone, are reported annually. Most, but not all, recreational fisheries are open year round. Similarly, the purchase of tags, stamps and validations to take particular game animals in season or to participate in certain hunts is also required.

This bill:

1. Creates the annual sportsman’s license that affords the holder of the license the same privileges as the annual hunting and sport fishing licenses but that is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of that term, for the remainder of the term.
2. Limits the issuance of these licenses to residents.
3. Requires the Department to issue these licenses from January 1, 2020, to January 1, 2026, inclusive, upon payment of an unspecified fee.
4. Requires the fee for the license to be adjusted annually, as specified, to fully recover, but not exceed, all reasonable administration and implementation costs of the license.
5. Requires the Department to collect all relevant, appropriate, and sufficient data necessary to evaluate the benefit of the annual sportsman’s license and to justify the amount of the fees.
   1. Data collection efforts shall avoid duplication and use data collected for other purposes, as feasible.
6. Requires the Department to submit a report to the Legislature evaluating the annual sportsman’s license on or before December 1, 2024.

Background

Long-term decline in hunting and sport fishing participation. The number of annual sport fishing license sales sold by the Department is about one million and is almost entirely purchased by residents. This has been reasonably stable since 2011. In the last 40 plus years there has been a steady decline in annual sport fishing license sales. In the 1970s and into the early 1980s, resident annual sport fishing license sales averaged about 2.1 – 2.2 million. Hunting has also declined over the same time period from roughly 600,000 purchases of annual licenses in 1970 to about 240,000 annual license sales in 2016. These declines occurred at the same time as California’s population approximately doubled. California is not unique in this regard, as hunting and angling participation have also declined nationwide overall over this time period.

According to a recent Assembly Water, Parks, and Wildlife Committee analysis, there are fewer hunters in all age groups, and particularly fewer young hunters. Additionally, the vast majority of new hunters are the children of current hunters. The failure to attract new hunters and anglers, and the cause of decline in hunting and sportfishing nationally are attributed to a combination of factors including, among other things, increasing urbanization, lack of access, cost, changing demographics, and less time spent outdoors. No one single factor has been identified as the single cause of the decline.

The Department offered a lifetime sportsman’s license in the past. However, the Department did not offer a truly combined license because the licenses for fishing and hunting were and are valid for different time periods. Purchasers of the lifetime sportsman’s license were actually issued a lifetime hunting license and a lifetime sport fishing license. SB 92 (Committee on Budget and Fiscal Review, Chapter 26, Statutes of 2017) removed language regarding the then-defunct lifetime sportsman’s license.

Comments

There is merit in trying new approaches to increase participation in hunting and fishing. A recent report suggested that improved marketing and outreach has potential to increase the number of hunters and sport anglers. The Department’s Automated License Data System – used to issue all licenses, stamps and cards – already manages a wide variety of licenses, report cards, validations, and so on. A pilot program for a new annual sportsman’s license should be reasonably implementable. It is not clear whether a pricing discount is justified for the annual sportsman’s license.

Long-standing Department funding concerns. Obtaining sufficient funding for all of the Department’s mandates has been an ongoing concern for many years – in fact, decades. Last year, in its Fiscal Year (FY) 2017-2018 Budget proposal, the Brown Administration identified a roughly $20 million structural annual budget deficit in the non-dedicated Fish and Game Preservation Fund, the Department’s largest single fund source that supports “a multitude of program activities.” The Department has maintained program activities by using the non-dedicated Fund balance and reducing expenditures. In general, sport fishing and hunting revenues are thought to currently cover the costs associated with the programs, although the data necessary to do a thorough assessment do not appear to be consistently collected. It remains unclear if the prevailing view is accurate. Last year’s budget proposal largely attributed the imbalance to expenses associated with commercial fishing and recommended, among other things, a 1300% increase in commercial landing fees. The Legislature approved a modified proposal that doubled the fees instead, and required the Department to implement a zero-based budget by October 2017, among other things. In Fall 2017, information on the implementation or progress of zero-based budgeting was limited. In the FY 2018-2019 Budget, the Department sought more permanent stable funding from tire recycling fees, vehicle registration and driver’s license fees, and the General Fund, among other sources. As of late May 2018, both the Senate and Assembly Budget sub-committees with jurisdiction over the Department rejected this proposal, and instead voted to provide additional General Fund moneys to the Department temporarily while requiring the Department to contract with an outside firm to perform a zero-based budget review with follow-on legislative report. The Department appears to remain years away from transparent and accountable budgeting.

It remains unclear that high license costs are to blame for declines in hunting and sport fishing. According to the 2016 National Survey of Fishing, Hunting and Wildlife-Associated Recreation: National Overview (the state-by-state breakdown is not yet available), license and fees accounted for 1% of overall fishing expenditures in 2016. For hunting, licenses and fees represented 3% of overall expenditures in 2016. For both hunting and fishing, equipment purchases accounted for the largest expense. It remains unclear that the cost of the state’s licenses is a significant impediment to participation.

Related/Prior Legislation

AB 986 (Gallagher, 2018) requires the Department to offer a 12-consecutive month sport fishing license, among other things. The bill is currently before the Senate Natural Resources and Water Committee.

AB 2465 (Gallagher, 2018) requires the Department to establish a program to address barriers to sport fishing. The bill is on the Assembly Floor.

SB 518 (Berryhill, 2017) requires the Department to offer a 12-consecutive month fishing license. The bill is currently before the Assembly Water, Parks, and Wildlife Committee.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Unknown potential revenue loss, to the Department, likely in the high hundreds of thousands to low millions of dollars (Fish and Game Preservation Fund). (See staff comments)
• One-time costs of under $150,000 and minor ongoing cost (Fish and Game Preservation Fund) for the Department to make changes to the licensing system, adopt regulations, and conduct outreach.

SUPPORT: (Verified 5/25/18)

California Waterfowl Association (source)

California Bowman Hunters Association and State Archery Association

California Houndsmen for Conservation

California Striped Bass Association

California Travel Association

Cal-Ore Wetlands and Waterfowl Council

Delta Waterfowl

Lower Sherman Island Duck Hunters Association

National Rifle Association of America

Outdoor Sportsmen’s Coalition of California

Safari Club International

The Black Brant Group

The California Sportsman’s Lobby, Inc.

Wild Sheep Foundation, California Chapter

OPPOSITION: (Verified 5/25/18)

None received

ARGUMENTS IN SUPPORT: According to the author, “SB 1311 would provide an additional licensing option for hunters and fishermen by creating an annual combination hunting and fishing license. This would provide many sportsmen the convenience of only having to purchase one license per year and—recognizing that California currently has some of the highest hunting and fishing license fees of any state—also offer some cost relief (e.g. 10-20% discount) as opposed to buying each hunting and fishing license separately.

“Many other states, including neighboring Oregon, Arizona and Nevada offer combination licenses to residents (and in some cases non-residents).

“By effectively encouraging more people to both hunt and fish, the combination licenses should generate additional funds for fish and wildlife conservation purposes through increased Pittman-Roberson and Dingell-Johnson excise tax revenues on hunting and fishing equipment. […] The combination license will also likely generate additional hunting and fishing license stamp and tag revenue for the Department of Fish and Wildlife by encouraging some people who currently only fish, for example, to try out hunting and therefore purchase hunting stamps and tags.”

Prepared by:

5/26/18 15:14:41

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 1311 (Berryhill) - Fishing and hunting: annual sportsman’s licenses

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

Bill Summary:

1. SB 1131 creates the annual sportsman’s license that affords the licenseholder the same privileges as the annual hunting and fishing licenses but that is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of that term, for the remainder of the term.

Fiscal Impact:

• Unknown potential revenue loss, to the Department of Fish and Wildlife (CDFW), likely in the high hundreds of thousands to low millions of dollars (Fish and Game Preservation Fund). (See staff comments)
• One-time costs of under $150,000 and minor ongoing cost (Fish and Game Preservation Fund) for (CDFW) to make changes to the licensing system, adopt regulations, and conduct outreach.

Background:

Under current law, CDFW is responsible for managing hunting and sport fishing within the state. Any person on who takes or attempts to take, as defined, a bird or mammal must obtain a hunting license; a valid sport fishing license to take or attempt to take fish, mollusks, crustaceans, invertebrates, reptiles, or amphibians in the state. In many cases, additional tags, stamps, validations, and report cards are required for certain big game, birds, and aquatic animal species from specified areas. “Take” is defined as “to hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture or kill.”

A Resident Hunting License costs $48.34 and is valid July 1 through June 30, or for the remainder of the year if purchased after July 1. Hunting tags for big game animals, including bear, elk, deer, antelope, bighorn sheep, and wild pigs, as well as bobcats, are also required, but generally limited to set by the Fish and Game Commission. These range in cost from around $20 per tag to around $450. Taking ducks and some upland game birds requires a separate validation (approximately $20 and $9, respectively).

A Resident Sport Fishing Licenses costs $48.34 and is valid January 1 through December 31, or for the remainder of the year if purchased after January 1. In addition to a sport fishing license, CCDFW requires a report card for certain aquatic animals including abalone, sturgeon, North Coast salmon, steelhead, and spiny lobster. Report cards range from approximately $1 to $22. Fishing with a second rod and fishing in certain ocean waters require a validation ($14 and $5, respectively).

Both hunting and fishing licenses are available at discounted rates for certain populations and valid periods as well as a lifetime license that would likely result in significant savings over the course of the hunter/angler’s life.

Sport fishing licenses are available for $7.56 for disabled veterans, low-income Native Americans and seniors, and recovering service members, and free for the mobility impaired, blind or developmentally disabled. The department also offers one-, two-, and ten-day (nonresident only) license ($15.69, $24.33, and $48.34, respectively).

Reduced fee hunting licenses include: reduced fee for junior hunters ($12.70) and disabled veterans/recovering service members ($7.56); one- and two--day (nonresident only) licenses ($21.25 and $44.75, respectively).

Current law requires CDFW to annually adjust the fees it charges for any license, tag, permit, stamp, and other entitlements by specified inflation factors.

Proposed Law:

This bill would:

1. Create the annual sportsman’s license that affords the holder of the license the same privileges as the annual hunting and fishing licenses but that is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of that term, for the remainder of the term.
2. Limit the issuance of these licenses to residents and would require the Department to issue these licenses upon payment of an unspecified fee.
3. Fix the base year cost of the license (currently blank).
4. Provide for annual indexing of the license fee and require the Fish and Game Commission (Commission) to adjust the assessed fee amount to fully recover, but not exceed, all reasonable administration costs to the Department and the Commission related to the licenses.

Related Legislation:

SB 187 (Berryhill, 2017) from January 1, 2020 and to January 1, 2025, would have required a resident or a nonresident, 16 years of age or older, to be issued a sport fishing license for 12 consecutive months from the date of purchase, and specified the base rate for the license and reporting requirements. Died in the Assembly Appropriations Committee.

SB 345 (Berryhill, 2015) would have instituted a year-to-date sport fishing license with a 5 year sunset and a 2 year phase-in, among other things. Died in the Assembly Appropriations Committee.

SB 583 (Berryhill, 2013) would have instituted a year-to-date sport fishing license with a 5 year sunset, a phase-in and cost recovery language. Died in the Senate Appropriations Committee).

Staff Comments:

Fish and Game Preservation Fund (FGPF) structural deficit. This bill could result in a loss in revenue to the FGPF. According to the Legislative Analyst Office (LAO), expenditures from the fund currently exceed annual revenues by more than $20 million. To address this deficit, 2017-18 Budget included $18.7 million from various sources. The department is also undergoing a comprehensive budget review and, pursuant to the enacted 2017‑18 Budget Act in the process of completing a zero‑based budget.

License fee information missing. This bill leaves the license fee space blank. The license fee is a critical in determining the fiscal impact of the bill—a function of the difference between the number of sportsmen who currently purchase both, but instead purchase the sportsman’s license (likely at a savings), the difference in costs between the sportsman’s license and the two licenses purchased separately, and those who opt to get the sportsman’s license, but would not have otherwise purchased one or both licenses. Staff recommends the committee urge the author’s office to work with the Department and committee consultant to find an appropriate fee level.

According to the Department of Fish and wildlife. CDFW indicates that it cannot estimate the impact the bill will have on license revenue because the bill does not specify a price for the sportsman’s license. However, it indicates approximately $58,000 to update the Automated License Data System, under $10,000 to complete the required report, and $25,000 to 30,000 to develop regulations.

The Department anticipates approximately 16,000 to 127,000 people will take advantage of the sportsman’s license, which would result in a revenue reduction to the FPGF approximately $216,000 to $1.7 million annually if the sportsman’s license is priced similarly to other states at $76 (a discount of $13.50). It further states that the Fish and Game Preservation Fund currently has a structural imbalance, which would be exacerbated by revenue losses.

The Department also notes “that there are currently six bills, including this one, going through the legislative process related to R3 (recruitment, retention and reactivation) that if implemented would all require staff hours for programing the Automated Licensing Data System. These bills individually have small impacts to the Department but cumulatively would have an impact in staff hours and vendor contracts of up to 3.3 PYs and $965,000 for one fiscal year. These bills include AB 986 (Gallagher), AB 2151 (Gray), AB 2670 (Kiley), AB 2805 (Bigelow), SB 518 (Berryhill), and SB 1311 (Berryhill).”   

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SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Robert Hertzberg, Chair

2017 - 2018 Regular

Bill No: SB 1311 Hearing Date: April 16, 2018

Subject: Fishing and hunting: annual sportsman’s licenses

BACKGROUND AND EXISTING LAW

Existing law declares the legislative intent that the costs of hunting and sport fishing programs shall be provided out of hunting and sport fishing revenues and reimbursements and federal funds received for hunting and sport fishing programs, and other funds appropriated by the Legislature for this purpose, as specified.

Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purposes 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.

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 the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof. Sport fishing licenses for shorter periods (e.g. 1 and 2 days (residents) and 10 days (nonresidents), among others) are also available.

Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife (Department) to issue an annual hunting license to a resident or nonresident upon payment of the applicable fee. Under existing law, the annual hunting license is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of the term, for the remainder of the term. One or two day hunting licenses are also available.

Existing law requires the purchase of certain sport fishing validations, stamps and cards for specified areas and circumstances which are only good for a calendar year. These include, for example, an ocean enhancement validation, a steelhead report card, a second rod validation and a Colorado River validation. In addition certain bag limits, such as for abalone, are reported annually. Most, but not all, recreational fisheries are open year round. Similarly, the purchase of tags, stamps and validations to take particular game animals in season or to participate in certain hunts is also required.

The number of annual sport fishing license sales sold by the Department is about 1 million and is almost entirely purchased by residents. This has been reasonably stable since 2011. In the last 40 plus years there has been a steady decline in annual sport fishing license sales. In the 1970s and into the early 1980s, resident annual sport fishing license sales averaged about 2.1 – 2.2 million. Hunting has also declined over the same time period from roughly 600,000 purchases of annual licenses in 1970 to about 240,000 annual license sales in 2016. These declines occurred at the same time as California’s population approximately doubled. California is not unique in this regard, as hunting and angling participation have also declined nationwide overall over this time period. Recent (2011) US Fish and Wildlife Service data showed an uptick in participation – a 9% and 11% increase in hunting and sport fishing nationally, respectively, from 2006 – 2011. The preliminary 2016 report, however, shows that while fishing participation continued to increase from 2011- 2016, hunting decreased 16%.

According to a recent Assembly Water, Parks, and Wildlife Committee analysis, there are fewer hunters in all age groups, and particularly fewer young hunters. Additionally, the vast majority of new hunters are the children of current hunters. The failure to attract new hunters and anglers, and the cause of decline in hunting and sportfishing nationally are attributed to a combination of factors including, among other things, increasing urbanization, lack of access, cost, changing demographics, and less time spent outdoors. No one single factor has been identified as the single cause of the decline.

PROPOSED LAW

This bill would:

1. Create the annual sportsman’s license that affords the holder of the license the same privileges as the annual hunting and fishing licenses but that is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of that term, for the remainder of the term.
2. Limit the issuance of these licenses to residents and would require the Department to issue these licenses upon payment of an unspecified fee.
3. Fix the base year cost of the license (currently blank).
4. Provide for annual indexing of the license fee and require the Fish and Game Commission (Commission) to adjust the assessed fee amount to fully recover, but not exceed, all reasonable administration costs to the Department and the Commission related to the licenses.

ARGUMENTS IN SUPPORT

According to the author, “SB 1311 would provide an additional licensing option for hunters and fishermen by creating an annual combination hunting and fishing license. This would provide many sportsmen the convenience of only having to purchase one license per year and—recognizing that California currently has some of the highest hunting and fishing license fees of any state—also offer some cost relief (e.g. 10-20% discount) as opposed to buying each hunting and fishing license separately.”

“Many other states, including neighboring Oregon, Arizona and Nevada offer combination licenses to residents (and in some cases non-residents).”

“By effectively encouraging more people to both hunt and fish, the combination licenses should generate additional funds for fish and wildlife conservation purposes through increased Pittman-Roberson and Dingell-Johnson excise tax revenues on hunting and fishing equipment. […] The combination license will also likely generate additional hunting and fishing license stamp and tag revenue for the Department of Fish and Wildlife by encouraging some people who currently only fish, for example, to try out hunting and therefore purchase hunting stamps and tags.”

ARGUMENTS IN OPPOSITION

None received

COMMENTS

There is merit in trying new approaches to increase participation in hunting and fishing. It is important to note that this is a nationwide problem, not just California’s, and national organizations are increasing efforts to address it. A recent report suggested that improved marketing and outreach has potential to increase the number of hunters and sport anglers. The Department’s Automated License Data System – used to issue all licenses, stamps and cards – already manages a wide variety of licenses, report cards, validations, and so on. A pilot program for a new annual sportsman’s license should be reasonably implementable. The Committee may wish to phase-in the addition of the annual sportsman’s license (18 months instead of 6 months), add a six year sunset, and ensure appropriate cost tracking and recordkeeping in order to inform the Legislative debate about a potential sunset extension in future years. Data must be collected to assess whether the pilot program actually works to attract more hunters and anglers. According to the Department there were about 127,000 people who purchased both hunting and fishing licenses in the 2016 – 2017 season. The sportsman’s license would not be a success if fewer licenses were sold or the costs to the department from the addition of the new license not recovered. Further, there are existing funding issues at the Department (see below), and these should not be exacerbated. It is not clear whether a pricing discount is justified for the annual sportsman’s license, and data should be obtained to resolve this. [Amendment 1]

Long-standing Department funding concerns. Obtaining sufficient funding for all of the Department’s mandates has been an ongoing concern for many years – in fact, decades. Last year, in its Fiscal Year 2017-2018 budget proposal, the Brown Administration identified a roughly $20 million structural annual budget deficit in the non-dedicated Fish and Game Preservation Fund, the Department’s largest single fund source that supports “a multitude of program activities.” The Department has maintained program activities by using the non-dedicated Fund balance and reducing expenditures. In general, sport fishing and hunting revenues are thought to currently cover the costs associated with the programs, although the data necessary to do a thorough assessment do not appear to be consistently collected. It remains unclear if the prevailing view is accurate. Last year’s budget proposal largely attributed the imbalance to expenses associated with commercial fishing and recommended, among other things, a 1300% increase in commercial landing fees. The Legislature approved a modified proposal that doubled the fees instead, and required the Department to implement a zero-based budget by October 2017, among other things. In the FY 2018-2019 budget, the Department seeks more permanent stable funding from tire recycling fees, vehicle registration and driver’s license fees, and the General Fund, among other sources. The outcome of this proposal is unresolved. The Legislative Analyst’s Office calls for improved data collection at the department, among other things, to help provide the information necessary to address its budget problems.

Are high license costs to blame for declines in hunting and sport fishing? According to the 2016 National Survey of Fishing, Hunting and Wildlife-Associated Recreation: National Overview (the state-by-state breakdown is not yet available), license and fees accounted for 1% of overall fishing expenditures in 2016. For hunting, licenses and fees represented 3% of overall expenditures in 2016. For both hunting and fishing, equipment purchases accounted for the largest expense. It remains unclear that the cost of the state’s licenses is a significant impediment to participation.

Conforming the calendar year fishing license and related materials to the hunting license time period. Annual hunting licenses are traditionally valid from July 1 through June 30 the next year. This bill shifts the calendar year-based fishing license to match. Fishing regulations currently require annual calendar year reporting for certain harvest report cards, among other things. The Committee may wish to require that certain regulations be revised to accommodate the new time period for the annual sportsman’s license. [Amendment 2]

Conforming the new license to current statutory language. The Committee may wish to clarify that a valid annual sportsman’s license conveys the same authority that a valid hunting or sport fishing license does. In several instances in existing law (see, for example, Fish and Game Code section 7380), a valid sport fishing license or hunting license – not an annual sportsman’s license -- is specifically required to engage in certain activities. [Amendment 3]

Lifetime sportsman’s licenses. The Department offered a lifetime sportsman’s license in the past. However, the department did not offer a truly combined license because the licenses for fishing and hunting were and are valid for different time periods. Purchasers of the lifetime sportsman’s license were actually issued a lifetime hunting license and a lifetime sport fishing license. SB 92 (Committee on Budget and Fiscal Review, Chapter 26, Statutes of 2017) removed language regarding the then-defunct lifetime sportsman’s license.

Attracting new hunters and anglers. Given the decades-long decline in hunters and sport anglers, efforts have begun to try to reverse the decline. The principal proposed solutions are Recruitment, Retention, and Reactivation (R3) programs. To date, R3 programs have had limited success.

According to a recent bill analysis by the Assembly Water, Parks, and Wildlife committee, in 2016, a multi stakeholder group produced an “Action Plan” that makes recommendations to increase hunting through the improvement of R3 programs. The Action Plan notes that most of the existing R3 efforts lacking clear goals and objectives, fail to produce desired outcomes, and largely attract participants from the existing base of hunting participants. The Action Plan also cites a lack of cultural and ethnic diversity in R3 programs as a significant barrier, and points out that the majority of R3 efforts have targeted the youth of traditional hunting demographics.

In addition to highlighting existing shortcomings of R3 programs the Action Plan details recommendations on how to improve R3 programs to achieve greater success. The overarching theme of those recommendations is that R3 is a process and not a single event or program. Coordinating, evaluating and refining programs based upon specific objectives are important.

R3 coordination is a relatively new field. Two years ago just 7 states had R3 coordinators. As of January of this year 26 states have R3 coordinators. California has recently taken a more proactive approach to R3 with the department actively pursuing a coordinated approach to implementing successful R3 programs. Specifically, the department has created an internal R3 Task Force of executive-level staff, hired a full-time R3 coordinator, is coordinating with fishing and hunting R3 stakeholders and evaluating its current R3 programs. The Department has stated it plans to draft a California Hunting and Fishing R3 Action Plan in coordination with stakeholders, and then partner with stakeholders to implement the initiatives in the plan. The Department’s existing efforts at outreach are largely traditional, although it has recently started partnering on a grant program to reach a more non-traditional population.

Recent related legislation

AB 2465 (Gallagher, 2018) requires the department to establish an R3 Group to address barriers to sport fishing. (This bill is currently before the Assembly Appropriations Committee.)

SB 518 (Berryhill, 2017) requires the department to offer a 12-consecutive month fishing license. (This bill is currently before the Assembly Natural Resources Committee.)

SUGGESTED AMENDMENTS

Please see mock-up below.

AMENDMENT 1

1. Postpone the effective date by one year with a 6 year sunset.
2. Department report prior to the last year of the sunset.
3. The department shall collect sufficient data to evaluate the new license’s effectiveness and track costs.

AMENDMENT 2

The department and commission shall revise applicable fishing regulations as needed to accommodate the valid term of the annual sportsman’s license.

AMENDMENT 3

Add clarifying language to state that an annual sportsman’s license has the authority of a valid California sport fishing and hunting license, as applicable, to make sure the sportsman’s license can satisfy statute where a valid hunting license is required or a valid sport fishing license is required.

SB 1311 (Berryhill) mock-up

SECTION 1.

Section 714 is added to the Fish and Game Code, to read:

714. (a) In addition to Section 3031, 3031.2, 7149.05, or 7149.2, the department shall issue annual sportsman’s licenses pursuant to this section. An annual sportsman’s license authorizes the taking of birds, mammals, fish, reptiles, or amphibians anywhere in this state in accordance with law for purposes other than profit. An annual sportsman’s license is valid for a term of one year from July 1 to June 30, inclusive, or, if issued after the beginning of that term, for the remainder of the term, unless revoked for a violation of this code or regulations adopted pursuant to this code. An annual sportsman’s license is not transferable. An annual sportsman’s license does not include any special tags, stamps, or other entitlements.

(b) 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.

(c) A valid annual sportsman’s license has the same authority as a valid sport fishing license and a valid hunting license.

(d) (c) The department shall issue an annual sportsman’s license to a resident of this state, upon the payment of a base fee of ____ dollars ($____).

(e) (d) The base fees specified in this section are applicable commencing January 1, 2019 2020, and shall be adjusted annually thereafter pursuant to Section 713.

(f) (e) The commission shall adjust the amount of the fees specified in subdivision (d) (e), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.

(g) The department shall collect all relevant, appropriate and sufficient data necessary to evaluate the benefit of the annual sportsman’s license and to justify the amount of the fees assessed pursuant to this section, including information about data collection, and enforcement costs. Data collection efforts pursuant to this subdivision shall avoid duplication and use data collected for other purposes, as feasible.

(h) On or before December 1, 2024, the department shall submit to the Legislature a written report evaluating the annual sportsman’s license including the costs of the license and evidence of any changes in the number of hunting and sportfishing participants due to the license.

(i) The department and the commission shall revise applicable sport fishing regulations, as needed, to conform to the valid time period for the annual sportsman’s license.

(j) This section shall be in effect from January 1, 2020 to January 1, 2026.

SUPPORT

The Black Brant Group

California Bowman Hunters Association and State Archery Association

California Houndsmen for Conservation

The California Sportsman’s Lobby, Inc.

California Striped Bass Association

California Travel Association

California Waterfowl Association

Cal-Ore Wetlands and Waterfowl Council

Delta Waterfowl

Lower Sherman Island Duck Hunters Association

National Rifle Association of America

Outdoor Sportsmen’s Coalition of California

Safari Club International

Wild Sheep Foundation, California Chapter

OPPOSITION

None Received

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