BILL NUMBER: AB 1792AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 30, 2016 INTRODUCED BY Assembly Member Wood FEBRUARY 4, 2016 An act to amend Section 332 of the Fish and Game Code, relating to hunting. LEGISLATIVE COUNSEL'S DIGEST AB 1792, as amended, Wood. Elk tags: federally recognized Indian tribes. Existing law authorizes the Fish and Game Commission to determine and fix the area or areas, the seasons and hours, the bag and possession limit, and the number of elk that may be taken under rules and regulations that the commission may adopt from time to time. Existing law authorizes the Department of Fish and Wildlife to issue an elk tag upon payment of a fee and to deposit that fee into the Big Game Management Account.This bill would require the commission to allocate a specific number of elk tags to federally-recognized Indian tribes in California for the purpose of cultural or religious ceremonies or celebrations.This bill would require the commission, upon request, to engage in consultation with individual federally recognized Indian tribes in California regarding elk management issues. The bill would authorize the commission to allocate a specific number of elk tags to such an Indian tribe for the purpose of harvesting elk located within the defined territory of that tribe for purposes of subsistence, cultural or religious ceremonies, or tribal celebrations. The bill would require the department, prior to an allocation of elk tags to an Indian tribe, to work collaboratively with that tribe on the development of a science-based elk management strategy that includes tribal harvest for cultural, ceremonial, and subsistence purposes. 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 332 of the Fish and Game Code is amended to read: 332. (a) The commission may determine and fix the area or areas, the seasons and hours, the bag and possession limit, and the number of elk that may be taken under rules and regulations that the commission may adopt from time to time. The commission may authorize the taking of tule elk if the average of the department's statewide tule elk population estimates exceeds 2,000 animals, or the Legislature determines, pursuant to the reports required by Section 3951, that suitable areas cannot be found in the state to accommodate that population in a healthy condition. (b) Only a person possessing a valid hunting license may obtain a tag for the taking of elk. (c) The department may issue an elk tag upon payment of a fee. The fee for a tag shall be one hundred sixty-five dollars ($165) for a resident of the state, as adjusted under Section 713. On or before July 1, 2007, the commission shall, by regulation, fix the fee for a nonresident of the state at not less than one thousand fifty dollars ($1,050), as adjusted under Section 713. The fees shall be deposited in the Big Game Management Account established in Section 3953 and, upon appropriation by the Legislature, shall be expended, in addition to moneys budgeted for salaries of the department as set forth in Section 3953. (d) The commission shall annually direct the department to authorize not more than three elk hunting tags for the purpose of raising funds for programs and projects to benefit elk. These tags may be sold at auction to residents or nonresidents of the state or by another method and are not subject to the fee limitation prescribed in subdivision (c). All revenues from sales 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) The commission shall direct the department to annually authorize one elk tag of the total number of tags available for issuance to nonresidents of the state.(f) The commission shall allocate a specific number of elk tags to federally-recognized Indian tribes in California for the purpose of cultural or religious ceremonies or celebrations.(f) Upon request, the commission shall engage in consultation with individual federally recognized Indian tribes in California regarding elk management issues and may allocate a specific number of elk tags to a federally recognized Indian tribe for the purpose of harvesting elk located within the defined territory of that tribe for purposes of subsistence, cultural or religious ceremonies, or tribal celebrations. Prior to an allocation of elk tags to a tribe pursuant to this section, the department shall work collaboratively with the tribe on the development of a science-based elk management strategy that includes tribal harvest for cultural, ceremonial, and subsistence purposes.