Fish and game: oil spills: wildlife rehabilitation.

(1) Existing law provides for reciprocal agreements with adjoining states with regard to fishing rights and law enforcement. This bill would authorize the Director of Fish and Game, or a designated representative, to enter into reciprocal operational agreements with authorized representatives of any Oregon, Nevada, or Arizona state law enforcement agency to promote expeditious and effective law enforcement service to the public, and assistance between the members of the department and those agencies, in areas adjacent to the borders of this state and each of the adjoining states. The bill would deem any regularly employed law enforcement officer of an Oregon, Nevada, or Arizona state law enforcement agency a peace officer in this state, if specified conditions are met. (2) Existing law generally requires the Director of Finance to approve every gift or dedication to the state of personal property, or every gift to the state of real property in fee or in any lesser estate or interest, unless the Legislature specifically provides that approval is not required. This bill would authorize the Department of Fish and Game to seek and accept grants and donations from private and public organizations and agencies for the purpose of administering the Canine (K9) Program. (3) Existing law requires each person who takes birds or mammals in California to apply for, and be granted, a hunting license and requires any person who applies for a hunting license to meet specified requirements. Existing law requires each person 16 years of age or older who takes fish, reptiles, or amphibia in California to apply for, and be granted a fishing license and requires any person who applies for a fishing license to meet specified requirements. This bill would authorize the department to issue collectible, commemorative licenses to any person for the purposes of promoting and supporting licensed hunting, fishing, and resource conservation. The bill would authorize the department to issue and sell fish and game warden stamps to support fish and game wardens. (4) Existing law requires the Wildlife Conservation Board to investigate, study, and determine which streams and lakes are suitable for, or can be made suitable for, fishing, hunting, and shooting. This bill would require the board to determine which streams and lakes are suitable for, or can be made suitable for, fishing and hunting. The bill would require the Department of Fish and Game, in determining which areas are suitable for fishing and hunting, to take into consideration areas of the state where public access and opportunity for fishing and hunting are most needed. (5) Existing law authorizes the Wildlife Conservation Board to authorize the Department of Fish and Game to lease degraded potential wildlife habitat real property for specified purposes to nonprofit organizations or public agencies if the lessee agrees to restore the real property to its highest possible wildlife habitat value and maintain the real property at that value. This bill would authorize the board, during the period of lease, to require that the real property be open to the public for compatible recreational opportunities. (6) The Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 provides for the establishment of wetlands mitigation bank sites to increase the total wetlands acreage and values within the Sacramento-San Joaquin Valley. The act prohibits bank sites from being qualified under the act on or after January 1, 2010. This bill would extend that date to January 1, 2015. (7) Under existing law, except as expressly provided otherwise, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under the code, is a misdemeanor. This bill would provide that it is unlawful to violate specific regulations adopted by the department and the commission, thereby imposing a state-mandated local program by creating new crimes. (8) Existing law makes it unlawful to intentionally discharge any firearm or release any arrow or crossbow bolt over or across any public road or way open to the public, in an unsafe manner. This bill would make it unlawful to intentionally discharge any firearm or release any arrow or crossbow bolt over or across any public road or other established way open to the public in an unsafe and reckless manner. The bill would, except as specified, make it unlawful for a person to remove a collar from a hunting dog, as defined, without possessing written permission from the dog's owner allowing the removal of the collar. (9) Existing law allows specified state and federal officials to take certain mammals involved in dangerous disease outbreaks. This bill would additionally authorize county officials to take mammals pursuant to that provision upon the approval of, and in a manner approved by, the Director of Fish and Game, or his or her designee. (10) Under existing law, it is unlawful for any person to fish with 2 rods without first obtaining a second-rod sport fishing validation, in addition to a valid California sport fishing license validation, and having that validation affixed to his or her valid sport fishing license. Any person who has a second-rod validation may fish with 2 rods in inland waters in any sport fishery in which the regulations of the commission provide for the taking of fish by angling, except those waters in which only artificial lures or barbless hooks may be used. This bill would exclude the waters of the Smith River in Del Norte County from inland waters in which 2 rods can be used. (11) Existing law exempts a licensed fish importer from the requirement to obtain a fish wholesaler's license. This bill would revise that provision to exempt from that requirement a licensed fish importer who only purchases or obtains fish from out of state. (12) Existing law regulates the Dungeness crab fishery and, among other things, permits the Director of the Department of Fish and Game to delay the opening of the fishery in specified situations and regulates the taking of crab during those delays. Existing law sets forth the qualifications for a Dungeness crab vessel permit, and provides that no person shall use a vessel to take, possess, or land Dungeness crab for commercial purposes without a Dungeness crab vessel permit. Existing law sets forth requirements for the issuance, transfer, and revocation of a Dungeness crab vessel permit, and specifies that the department shall charge a fee for each Dungeness crab vessel permit. Existing law requires the director to convene a Dungeness crab review panel for the purpose of reviewing permits and application transfers. Existing law provides that those provisions shall become inoperative on April 1, 2010, and, as of January 1, 2011, are repealed. This bill would extend the operation of those provisions until April 1, 2012, and would repeal those provisions on January 1, 2013. Because this bill would extend the operation of the Dungeness crab permit program and thereby the crimes imposed for a violation of those provisions, the bill would create a state-mandated local program by creating new crimes. (13) Existing law governs the sea cucumber fishery in this state. Under existing law, sea cucumbers cannot be taken, possessed aboard a boat, or landed by a person for commercial purposes except under a valid sea cucumber permit issued by the Department of Fish and Game. The Fish and Game Commission is authorized to adopt regulations that it determines may reasonably be necessary to protect the sea cucumber resource and assure a sustainable sea cucumber fishery or to enhance enforcement activities. A violation of existing law or regulations adopted pursuant thereto is a crime. Existing law provides that those provisions shall become inoperative on April 1, 2010, and, as of January 1, 2011, are repealed. This bill would extend the operation of those provisions until April 1, 2015, and would repeal those provisions on January 1, 2016. Because this bill would extend the operation of the sea cucumber permit program and thereby the crimes imposed for a violation of those provisions, the bill would create a state-mandated local program by creating new crimes. (14) Existing law provides that the taking of a mammal or bird by a person for which a hunting license or tag, seal, or stamp is required without the person having in his or her possession the required license, tag, seal, or stamp is punishable by a fine of not less than $250 or more than $2,000 or as a misdemeanor, or both. Existing law authorizes a court to reduce the fine to $50 if the person produces in court a license, tag, or stamp issued to the person and valid at the time of the person's arrest. This bill instead would authorize a court to reduce the charge to an infraction punishable by a fine of not less than $50 and not more than $250 if the person produces in court a license, tag, seal, or stamp issued to the person and valid at the time of the person's arrest. (15) Under existing law, the violation of certain provisions of the code are subject to administrative penalties. This bill would authorize the department, after the expiration of the time period to appeal an administrative penalty, to apply to the clerk of the appropriate court for a judgment to collect the administrative civil penalty. (16) The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act (act) generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including drills and preparedness, and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. The act requires responsible parties, as defined, to fully mitigate adverse impacts to wildlife, fisheries, wildlife habitat, and fisheries habitat. Full mitigation is required to be provided by successfully carrying out environmental projects or funding restoration activities required by the administrator in carrying out projects. The act authorizes the administrator, if any significant wildlife rehabilitation is necessary, to require the responsible party to prepare and submit a wildlife rehabilitation plan. This bill would revise that wildlife rehabilitation plan provision to authorize the administrator to require the responsible party to prepare and submit to the administrator, and to implement, a wildlife rehabilitation plan. (17) The act defines "nonpersistent oil" to mean a petroleum-based oil, such as gasoline, diesel, or jet fuel, that has specified characteristics. This bill would delete diesel from that provision. (18) Existing law requires the Department of Fish and Game to seize all birds, mammals, fish, reptiles, or amphibians, or any part thereof, that have been unlawfully taken, possessed, sold, imported, or transported. This bill would revise that provision to also include plants and aquaculture animals and products, or any part thereof. The bill would make certain conforming changes to related provisions of existing law. (19) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.