California Senate Bill SB1166 Amended / Bill

 BILL NUMBER: SB 1166AMENDED BILL TEXT AMENDED IN SENATE APRIL 18, 2012 INTRODUCED BY Senator Berryhill FEBRUARY 22, 2012 An act to  amend Sections 3953, 4334, and 4902 of, and to  add Sections 715 and 715.1 to  ,  the Fish and Game Code, relating to  fish and  wildlife resources. LEGISLATIVE COUNSEL'S DIGEST SB 1166, as amended, Berryhill. Department of Fish and Game:  wildlife-dependent recreational activities.   Big Game Management Account funds.   Existing law requires all money collected under the provisions of the Fish and Game Code, including money received as a result of the sale of licenses issued under the provisions of the code, to be deposited into the Fish and Game Preservation Fund, unless otherwise provided. Existing law grants authority to the Department of Fish and Game to issue tags, stamps, and licenses for the hunting of antelope, elk, upland game birds, deer, wild pigs, bears, and bighorn sheep upon payment of a fee, to be deposited into the fund. Existing law establishes the Big Game Management Account within the fund to permit separate accountability for the receipt and, subject to appropriation, the prescribed expenditure of revenues from antelope, elk, deer, wild pig, bear, and bighorn sheep tags, including fundraising tags.   This bill would require the department to permit a nonprofit organization associated with the sale of deer or bighorn sheep tags that are sold on behalf of the department for the purpose of raising funds for specified programs and projects to retain the lesser of that organization's administrative costs of selling the tag or 10% of the amount for which the tag is sold.   Existing law requires that funds deposited in the account be available for expenditure upon appropriation to the department, as specified.   This bill would limit those specifications to the purposes defined in the statute that creates the fund, as specified.   The Wildlife Conservation Law of 1947 authorizes the Wildlife Conservation Board to authorize the acquisition of real property, rights in real property, water, or water rights by the Department of Fish and Game. Other existing law authorizes the department, for the purposes of propagating, feeding, and protecting birds, mammals, and fish, and establishing wildlife management areas or public shooting grounds, subject to the approval of the Fish and Game Commission, to acquire and occupy, develop, maintain, use, and administer, land, or land and nonmarine water, or land and nonmarine water rights, suitable for state game farms, wildlife management areas, or public shooting grounds.   This bill would require the department to exercise its authority to manage lands in a manner to support, promote, and enhance wildlife-dependent recreational activities, including hunting and sport fishing opportunities, to the extent authorized by law. The bill would prohibit, to the greatest practicable extent, department decisions and actions relating to land management from resulting in any net loss of available wildlife-dependent recreational opportunities that exist on January 1, 2013.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 715 is added to the Fish and Game Code, to read: 715. The Legislature hereby finds and declares all of the following: (a) The National Survey of Fishing, Hunting, and Wildlife-Associated Recreation has been conducted since 1955 and is one of the oldest and most comprehensive continuing recreation surveys. (b) The 2006 National Survey of Fishing, Hunting, and Wildlife-Associated Recreation found all of the following: (1) Eighty-seven million five hundred thousand United States residents 16 years of age and older participated in  wildlife dependent   wildlife-dependent  recreation. (2) Individuals participating in wildlife-dependent recreation spent $122.3 billion in 2006 on their activities, which equated to 1 percent of the gross domestic product. (3) Hunters and anglers spent $76.6 billion, while wildlife viewers spent $45.7 billion. (4) Seven million four hundred thousand California residents and nonresidents 16 years of age and older fished, hunted, or viewed wildlife  in this state  . (5) State residents and nonresidents spent $8 billion on wildlife-dependent recreation  in this state  . (c) The  department  Department of Fish and Game  reported that  ,  in 2006, hunters and anglers spent seventy-eight million dollars ($78,000,000) on licenses, stamps, tags, and access fees. (d) Revenue generated by wildlife-dependent recreational activities  play   plays  an exceedingly important role in California's economy. (e) Revenue generated by hunters  and anglers  is critical to the department's ability to protect, enhance, and manage wildlife habitat. SEC. 2. Section 715.1 is added to the Fish and Game Code, to read:  715.1. (a) It is the intent of the Legislature that lands managed by the department be open to wildlife-dependent recreational activities, including hunting and sport fishing, except as limited by the commission or department for reasons of public safety or as otherwise limited by law. (b) The department shall exercise its authority to manage lands in a manner to support, promote, and enhance wildlife-dependent recreational activities, including hunting and sport fishing opportunities, to the extent authorized by law. To the greatest practicable extent, department decisions and actions relating to land management shall not result in any net loss of available wildlife-dependent recreational opportunities, including hunting and sport fishing, that exist on January 1, 2013.  715.1.   (a) The department shall permit a nonprofit organization associated with the sale of deer or bighorn sheep tags that are sold on behalf of the department for the purpose of raising funds for specified programs and projects pursuant to subdivision (a) of Section 4334 and subdivision (d) of Section 4902 to retain the lesser of that organization's administrative costs of selling the tag or 10 percent of the amount for which the tag is sold.   (b) The total amount retained from a sale pursuant to subdivision (a) shall not exceed the lesser of the administrative costs of that sale or 10 percent of the amount of the sale.   SEC. 3.   Section 3953 of the   Fish and Game Code   is amended to read:  3953. (a) The Big Game Management Account is hereby established within the Fish and Game Preservation Fund. (b)  All   Notwithstanding Section 715.1   , all    revenues from the sale of antelope, elk, deer, wild pig, bear, and sheep tags, including any fundraising tags, shall be deposited in the Big Game Management Account to permit separate accountability for the receipt and expenditure of these funds. (c)  (1)    Funds deposited in the Big Game Management Account shall be available for expenditure upon appropriation by the Legislature to the department  . These funds shall be expended solely   solely for the purposes described in this section. As the primary purpose of the Big Game Management Account, the department shall expend these funds  for the purposes set forth in  this section and  Sections 3951 and 3952, and Chapter 5 (commencing with Section 450) of Division 1, Chapter 7 (commencing with Section 4650), and Chapter 11 (commencing with Section 4900), including acquiring land, completing projects, and implementing programs to benefit antelope, elk, deer, wild pigs, bear, and sheep, and expanding public hunting opportunities and related public outreach. Any land acquired with funds from the Big Game Management Account shall be acquired in fee title or protected with a conservation easement and, to the extent possible, be open or provide access to the public for antelope, elk, deer, wild pig, bear, or sheep hunting.  The   (2)     As a secondary purpose, the  department may also use funds from the Big Game Management Account to pay for administrative and enforcement costs of the programs and activities described in this section. The amount allocated from the account for administrative  and enforcement  costs shall be limited to the reasonable costs associated with  the direct  administration  and enforcement  of the programs and activities described in this section. (d) The department may make grants to, reimburse, or enter into contracts or other agreements as defined in subdivision (a) of Section 1571 with, nonprofit organizations for the use of the funds from the Big Game Management Account to carry out the purposes of this section, including related habitat conservation projects. (e) An advisory committee, as determined by the department, that includes interested nonprofit organizations that have goals and objectives directly related to the management and conservation of big game species and primarily represent the interests of persons licensed pursuant to Section 3031 shall review and provide comments to the department on all proposed projects  , and administrative and enforcement expenditures  funded from the Big Game Management Account to help ensure that the requirements of this section have been met. The department shall post budget information and a brief description on an Internet Web site for all  projects funded   expenditures  from the Big Game Management Account. (f) Big game projects authorized pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. (g) The department shall maintain the internal accountability necessary to ensure compliance with the collection, deposit, and expenditure of funds specified in this section.  SEC. 4.  Section 4334 of the   Fish and Game Code   is amended to read:  4334. (a) The commission shall annually direct the department to authorize, pursuant to Section 1054.8, the sale of not more than 10 deer tags for the purpose of raising funds for programs and projects as set forth in Section 3953.  All   Except as provided in Section 715.1, all  revenue from the sale of tags pursuant to this section shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. (b) These tags may be sold to residents or nonresidents of the State of California at auction or by any other method and are not subject to the fees prescribed by Section 4332. (c) These funds shall augment, not supplant, any other funds appropriated to the department for the preservation, restoration, utilization, and management of deer. All revenues derived from the sale of these tags shall be remitted to the department by the seller.  SEC. 5.   Section 4902 of the   Fish and Game Code   is amended to read:  4902. (a) The commission may adopt all regulations necessary to provide for biologically sound management of Nelson bighorn sheep (subspecies Ovis canadensis nelsoni). (b) (1) After the plans developed by the department pursuant to Section 4901 for the management units have been submitted, the commission may authorize sport hunting of mature Nelson bighorn rams. Before authorizing the sport hunting, the commission shall take into account the Nelson bighorn sheep population statewide, including the population in the management units designated for hunting. (2) Notwithstanding Section 219, the commission shall not, however, adopt regulations authorizing the sport hunting in a single year of more than 15 percent of the mature Nelson bighorn rams in a single management unit, based on the department's annual estimate of the population in each management unit. (c) The fee for a tag to take a Nelson bighorn ram may be determined by the commission, but shall not exceed five hundred dollars ($500). Fee revenues shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. (d) The commission shall annually direct the department to authorize not more than three of the tags available for issuance that year to take Nelson bighorn rams for the purpose of raising funds for programs and projects to benefit Nelson bighorn sheep. These tags may be sold to residents or nonresidents of the State of California at auction or by another method and shall not be subject to the fee limitation prescribed in subdivision (c). Commencing with tags sold for the 1993 hunting season, if more than one tag is authorized, the department shall designate a nonprofit organization organized pursuant to the laws of this state, or the California chapter of a nonprofit organization organized pursuant to the laws of another state, as the seller of not less than one of these tags. The number of tags authorized for the purpose of raising funds pursuant to this subdivision, if more than one, shall not exceed 15 percent of the total number of tags authorized pursuant to subdivision (b).  All   Except as provided in Section 715.1, all  revenue from the sale of tags pursuant to this subdivision shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended as set forth in that section. (e) No tag issued pursuant to this section shall be valid unless and until the licensee has successfully completed a prehunt hunter familiarization and orientation and has demonstrated to the department that he or she is familiar with the requisite equipment for participating in the hunting of Nelson bighorn rams, as determined by the commission. The orientation shall be conducted by the department at convenient locations and times preceding each season, as determined by the commission.