365-Day Fishing License Bill Starts through Legislature Again
Once again, the so-called “365-day fishing license” bill is working its way through the state legislature. By a 14-0 vote on April 9, Assembly Bill 1387 (AB1387) was approved by the Assembly Water, Parks, and Wildlife Committee and then forwarded to a committee for fiscal review. Assembly members Jim Wood (D-Santa Rosa) and James Gallagher (R-Yuba City) authored the bill, which would require fishing licenses be valid for 365 days from the date of purchase. AB-1387 is cosponsored by 12 other legislators. Currently, licenses run from the beginning of the calendar year, which means if you bought your license on July 1, you paid full price for a license good for only half a year.
The measure, which is championed by the California Sportfishing League and supported by 50 fishing, hunting, and outdoor organizations, was introduced in the last legislative session, but died in committee. The support list does not include any conservation organizations that focus on fly-fishing issues and waters.
If approved by the legislature and signed into law by the governor, AB-1387 requires that the California Department of Fish and Wildlife begin using the new license period by January 1, 2021. In addition to changing the license term, according to an analysis by the committee, AB-1397 requires that license applicants, beginning on January 1, 2021, provide their e-mail address and agree to be contacted regarding purchase, renewal, or reactivation. It allows the CDFW to offer an automatic renewal option to license purchasers, stipulates that the CDFW, no later than January 1, 2021, will enable licenses and validations to be displayed on an electronic mobile device, requires the CDFW to submit a written report to the legislature, on or before December 1, 2024, on the implementation of the 365-day licensing provisions, and repeals all general statutory provisions governing issuance of annual and short-term sport fishing licenses on January 1, 2026.
According to the committee report, some 1.8 million licenses were issued in 2017. Annual licenses make up slightly over 1 million of the total. The number of licenses issued has declined by over 55 percent since 1980. Despite the drop in the number of licenses, revenue remained steady and was up to around $60 to $70 million in 2018 because the fees charged for licenses have steadily increased.
No one has ventured a guess as to any projected increase in revenue to the CDFW from the 365-day policy or any changes in the number of anglers purchasing a license. The report says, “According to an analysis from Southwick Associates prepared for the California Sportfishing League, Mississippi, New York, and North Carolina saw a one to four percent reduction [in the number of licensed anglers] in the first year after the switch, while Georgia experienced a 34 percent drop. Three of those states saw a rebound in the second or third years. Six states that switched to the 12 consecutive month licenses saw an immediate first year increase in anglers ranging from 1 to 25 percent.” The Southwick Associates study also indicated that “States that have a 12-month license since 2006 have seen revenues grow faster than other states.” The study can be viewed at http://www.savefishing.com/wp-content/uploads/ CSL-Southwick-365-day-license-whitepaper-6-20-18-3.pdf.
Significant Change in Fed Land and Water Conservation Funding
It’s the kind of arcane federal legislation that only a land trust board member would love to read, but one that will have an enormous, long-term benefit for fish and wildlife. Congress passed and the president signed Senate Bill 47 (S-47), which reauthorizes the Land and Water Conservation Fund (LWCF). The fund is targeted to provide at least $94 million each year to purchase land for fish and wildlife, outdoor recreation, the protection of rivers and lakes, historic sites, community parks, national forests, and other projects. Local, state, and federal agencies, land trusts, and big national nonprofit land conservation agencies such as The Nature Conservancy and The Trust for Public Land use the funds to purchase land, then either manage it themselves or transfer ownership to public agencies.
In September 2018, authorization expired for the LWCF, which receives revenue from royalties that energy companies pay for oil and gas drilling. Since being created in 1964, the LWCF has distributed more than $18 billion for projects.
As the LWCF account has grown, Congress has raided the fund to pay for programs that are not related to natural resources and recreational lands. One federal lawmaker even called the LWCF “the congressional slush fund.” In recent years, Congress has appropriated very limited funds for the intended programs. As a result, according to conservationists who lobby for the funds, there is a backlog of more $30 billion in projects, including many in California. Passage of S-47 makes the LWCF a permanent federal program and earmarks the funding for land conservation and recreation, making it less vulnerable to being raided for other purposes.
Feds Sue California Over Fish-Saving Water Plan
Let the latest version of the California water wars begin. The broad agreement to balance water allocations for fish and farming evaporated when the Trump administration filed suit over the deal. The U.S. Department of Interior filed suit in late March in U.S. District Court in Sacramento, attempting to halt ongoing plans to allocate more water to help salmon and steelhead from an allotment for San Joaquin farmers and some cities, including San Francisco.
Governor Gavin Newsom and former governor Jerry Brown have worked during their administrations with all parties to reach agreement on how the State Water Resources Control Board can create a plan to ensure that the water allotment protects the threatened and endangered fish. The lawsuit claims that the state water board’s plans violate California environmental law.
In an e-mail, board spokesman George Kostryko said “The board’s December 2018 Bay-Delta Plan update was the culmination of extensive environmental analysis and years of public process. The board looks forward to defending its decision in court.”
Legislators Consider Creating Outdoor Recreation Office
Outdoor recreation such as fly fishing could get heightened focus and funding if the state legislature approves Assembly Bill 1111 (AB-1111), which could create an Office of Outdoor Recreation. Authored by Assembly Member Laura Friedman (D-Burbank) and coauthored by Assembly Member Eduardo Garcia (D-Coachella), AB-1111 would allow the state to receive funds from private and public sources for deposit into a special account and be spent on outdoor-enhancing projects.
In addition, AB-1111 authorizes creation of an advisory committee to “provide advice, expertise, support, and service to the office.” Committee members would represent outdoor recreation businesses, local and regional tourism organizations, the California Departments of Parks and Recreation, Fish and Wildlife, Education, and Health and Human Services, and also Visit California, a nonprofit organization with a mission to develop and maintain marketing programs in partnership with the state’s travel industry, plus representatives of rural areas of the state with a recreation-dependent economy. AB-1111 is under review by the Assembly Water, Parks, and Wildlife Committee.
Governor Newsom Supports One Tunnel in the Delta
Governor Gavin Newsom supported a single tunnel, rather than a pair, for the California Delta in his State of the State Address in February. “I do not support the Water Fix as currently configured,” said the governor. “Meaning, I do not support the twin tunnels. But we can build on the important work that’s already been done. That’s why I support the single tunnel.”
Newsom said that the “status quo is not an option” because of the threats to water supplies from earthquakes and rising sea levels. He added that a single tunnel would help preserve the Delta fisheries and provide reliable water to cities and farms.
As one might expect on any of the state’s water issues, reaction to the governor’s announcement was very vocal and mixed. Many representatives of several different groups expressed concern, but pledged to keep working on a solution to long-term water problems.
Changes Ahead for Trout Regs
Get ready for lots of changes in next year’s freshwater sportfishing regulations — perhaps as many as 250 of them, to be exact. Based on direction from the California Fish and Game Commission, the CDFW has developed a set of proposed trout-fishing regulations that are intended to simplify the regulations now in place. Anglers and some game wardens have complained that the current 86-page fishing regulations booklet is too complex, with its dizzying array of restrictions across a wide variety of waters.
Here are proposed regulations for some of the streams and lakes that are of interest to fly fishers. The list includes the body of water, proposed open season, bag limit, and gear restrictions.
The American River (Placer, Eldorado, Amador and Alpine Counties) North, Middle, South Forks and tributaries — Open all year, five fish bag limit, no gear restrictions.
Berryessa Lake Tributaries (Lake and Napa Counties) — Open the Saturday preceding Memorial Day through September 30, two fish bag limit, four fish in possession, no gear restrictions.
Bridgeport Reservoir Tributaries (Mono County) — Open the Saturday preceding Memorial Day through September 30, five fish bag limit, no gear restrictions; from October 1 through the Friday preceding Memorial Day, 0 fish bag limit, artificial lures with barbless hooks only.
The Carson River (Alpine County) — The Carson River, East Fork, and tributaries above Carson Falls — Closed to fishing all year. The East Fork from Hangman’s Bridge downstream to the Nevada state line — Open all year, five trout bag limit, 10 trout in possession, no gear restrictions.
Davis Lake (Plumas County) — Open the Saturday preceding Memorial Day through the last day of February, five fish bag limit, no gear restrictions.
The Fall River (Shasta County) — Open all year from its origin at Thousand Springs downstream to the mouth of the Tule River, including Spring Creek and excluding all other tributaries, 0 fish bag limit, artificial lures with barbless hooks only.
The Feather River (Plumas County) — The Middle Fork from the Union Pacific Railroad Bridge (one-quarter-mile upstream of the County A-23 bridge) to the Mohawk bridge — Open all year, five trout bag limit and 10 in possession, no gear restrictions. The Feather River North Fork (Butte and Plumas Bounties) from Belden bridge downstream to the Cresta Powerhouse (excluding reservoirs) — Open from the Saturday preceding Memorial Day through last day of February, 0 fish bag limit, artificial lures with barbless hooks only.
The Golden Trout Wilderness Area (Tulare County), excluding the main stem Kern River and the Tule River drainage — Open from the Saturday preceding Memorial Day through the last day of February, five fish bag limit, no gear restrictions.
Hat Creek (Shasta County) from Lake Britton upstream to Baum Lake, exclusive of the concrete Hat No. 2 intake canal between Baum Lake and the Hat 2 Powerhouse — Open all year, two fish bag limit, artificial lures. Hat Creek No. 1 and Cassel Forebays — Open all year, five trout bag and 10 in possession, no gear restrictions.
Heenan Lake (Alpine County) — Open September 1 through November 30, 0 fish bag limit, artificial lures with barbless hooks only. The Heenan Lake tributaries are closed to all fishing all year.
Hot Creek (Mono County) from the state fish hatchery property line to the confluence with the Owens River — Open all year, 0 fish bag limit, artificial lures with barbless hooks only.
Kirman (Carmen) Lake (Mono County) — Open all year, two fish bag limit, artificial lures, 14-inch minimum size.
The Klamath River (Del Norte, Humboldt, Siskiyou, and Trinity Counties), main stem and all tributaries above Iron Gate Dam — Open the Saturday preceding Memorial Day through September 30, five fish bag limit, no gear restrictions.
Lee Vining Creek (Mono County) from the Lee Vining conduit downstream to Mono Lake — Open all year, 0 fish bag limit, artificial lures with barbless hooks only.
The Little Truckee River (Sierra and Nevada Counties) from Stampede Reservoir Dam downstream to Boca Reservoir — Open all year, 0 fish bag limit, artificial lures with barbless hooks only.
The Mad River (Humboldt County) and tributaries above Ruth Dam — Open all year, five trout bag limit, 10 trout in possession, no gear restrictions.
Martis Lake and Tributaries (Nevada and Placer Counties) — Open all year, five trout bag limit, 10 trout in possession, no gear restrictions. Martis Lake tributaries — Open all year, 0 fish bag limit, artificial lures with barbless hooks only.
The McCloud River (Shasta and Siskiyou Counties) from McCloud Dam downstream to the confluence of Ladybug Creek — Open the Saturday preceding Memorial Day through the last day in February, two fish bag limit, artificial lures. The McCloud River from confluence of Ladybug Creek downstream to lower boundary of the U.S. Forest Service loop (southern boundary of section 36, T38N, R3W) — Open the Saturday preceding Memorial Day through the last day in February, 0 fish bag limit, artificial lures with barbless hooks only. The McCloud River from the lower boundary of the U.S. Forest Service loop (southern boundary of section 36, T38N, R3W) downstream to the upper boundary of the McCloud River Club (southern boundary of section 14, T37N, R3W) — Closed to all fishing all year. Moosehead, McKay, Edson, and Swamp Creeks and Sheephaven Spring — Closed to fishing all year.
The Owens River (Inyo and Mono Counties) including Pleasant Valley and Tinemaha Lakes — Open all year, five trout bag limit, 10 trout possession, no gear restrictions. The upper Owens River from Benton Bridge road crossing upstream to Big Springs — Open all year, 0 fish bag limit, artificial lures with barbless hooks only. The upper Owens River from Benton Bridge Road to Crowley Lake — Open the Saturday preceding Memorial Day through September 30, five fish bag limit, no gear restrictions, and open October 1 through the Friday preceding Memorial Day, 0 fish bag limit, artificial lures with barbless hooks only. The Owens from Pleasant Valley Dam downstream to footbridge at lower end of Pleasant Valley Campground — Open all year, two fish bag limit, artificial lures. The Owens from footbridge at lower end of Pleasant Valley Campground downstream to 5 Bridges Road — Open all year, 0 fish bag limit, artificial lures with barbless hooks.
Putah Creek (Solano and Yolo Counties) from Solano Lake to Monticello Dam — Open all year, 0 fish bag limit, artificial lures with barbless hooks only.
The Trinity River (Trinity County) above Trinity Dam from the confluence with Tangle Blue Creek (Highway 3) downstream (south) to the mouth of Trinity Lake, approximately 13.8 miles — Open the Saturday preceding Memorial Day through September 30, five fish bag limit, no gear restrictions, and open October 1 through the Friday preceding Memorial Day, 0 fish bag limit, artificial lures with barbless hooks only.
The Truckee River (Nevada, Placer, and Sierra Counties) for 1,000 feet below the Lake Tahoe outlet dam — Closed to fishing all year. From the confluence of Trout Creek downstream of the mouth of Prosser Creek — Open all year, 0 fish bag limit, artificial lures with barbless hooks only. From the mouth of Prosser Creek downstream to the Nevada state line — Open all year, two fish bag limit, artificial lures.
The Upper Truckee River (Alpine and El Dorado Counties) tributaries upstream from confluence with Showers Creek — Open the Saturday preceding Memorial Day through September 30, 0 fish bag limit, artificial lures with barbless hooks only.
This is only a partial list of the proposed trout-angling regulations. The CDFW has a link to a table of all waters at https://www.wildlife.ca.gov/Fishing/ Inland/Trout-Plan/Regulation-Simplification. This is also the site to visit for updates on the regulation-change process. According to the project leader, Roger Bloom, the CDFW is “halfway through” that process. An initial round of public comment has already taken place, which the CDFW intends to consider for revisions before submitting its final draft, probably ready in July, to the California Fish and Game Commission. The Commission in turn will have a formal public comment period that will likely begin in August and run for several months.
To help understand the implications of the regulations as proposed at the end of May (before the CDFW makes revisions), the Redwood Empire chapter of Trout Unlimited created comparison charts to show how the new regulations would change for specific waters. See https://fw-inland-trout-regulation-changes.
For more information, contact Roger Bloom at Roger.Bloom@wildlife.ca.gov.
