BILL ANALYSIS
SB 1166
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Date of Hearing: June 24, 2008
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Lois Wolk, Chair
SB 1166 (Cox) - As Amended: May 12, 2008
SENATE VOTE : 40-0
SUBJECT : Game Refuges
SUMMARY : Requires the Department of Fish and Game (DFG) to
undertake a process for review and public input on the proposed
closure of all but two of the existing state game refuges in the
state. Specifically, this bill :
1)Requires DFG to undertake education and outreach regarding the
current location of existing game refuges and the potential
closure of all state game refuges, except the California Sea
Otter Game Refuge and the Farallon Islands Game Refuge.
Requires DFG to also provide agency contacts for purposes of
providing the statutory notices required of people traveling
through a game refuge.
2)Requires DFG to provide opportunity for public comment
regarding the proposed elimination of the game refuges, and to
provide information on DFG's website regarding the boundaries
of state game refuges, maps, and Internet website contact
information. Authorizes DFG to conduct regional workshops
about the potential closures.
3)Requires DFG on or before January 1, 2011 to report to the
Legislature, including information on the public education and
outreach provided, and a summary of public comments on the
potential closure of the state game refuges.
4)Authorizes law enforcement officers to enter state game
refuges in the performance of their duties.
EXISTING LAW :
1)Requires all state game refuges, for the purposes of
protecting birds, mammals, fish or amphibia, to be under the
control and management of DFG, and authorizes officers and
employees of DFG and all game wardens to enter the refuges in
the performance of their duties.
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2)Establishes some 21 to 22 state game refuges, where it is
unlawful to take or possess any bird or mammal without a
special permit or authorization, with specified exceptions.
Also establishes a number of fish and game refuges, fish
refuges, waterfowl refuges, quail refuges and marine life
refuges. Requires notification to DFG if an individual will
be traveling through a game refuge with a firearm or with a
bird or mammal lawfully taken outside the boundaries of the
refuge.
3)Authorizes the Fish and Game Commission to acquire land for
state game refuges.
FISCAL EFFECT : According to the Senate Appropriations
Committee analysis, less than $150,000.
COMMENTS : The author's office indicates that the purpose of
this bill is to examine whether or not 19 of the 21 designated
game refuges currently in statute are effective in their purpose
of providing a steady supply of game animals for hunting. The
California Sea Otter Game Refuge and the Farallon Islands Game
Refuge would not be affected by this bill. According to the
author's office wildlife biologists at DFG contend that the game
refuge system no longer serves a purpose and should be
abolished. However, there are some who believe that the refuges
have value. The author's office indicates that this bill
provides a forum where both sides can be heard, and based upon
the report due at the end of 2010, the Legislature can take
action on which refuges to abolish and which ones to retain.
Most of the existing state game refuges were established in
1957, though one was established in the 1960s and another in the
1980s. Some of the boundaries of the refuges have been revised.
In some cases, given changes in adjacent land uses over the
past 50 years, the sites may no longer be suitable for a game
refuge, but it is unclear whether that is the case with regard
to all of the refuges. The author indicates that the refuges
were established for the purpose of providing a steady supply of
game animals for hunting, however, it is unclear from the
legislative history that that was the only or specific purpose
of the refuges. The stated statutory purpose of the refuges is
for propagating, feeding and protecting birds, mammals, fish and
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amphibia (Fish and Game Code Sections 10503 and 10514). In
addition to hunting, reasons to protect wildlife through a
refuge system may include ensuring that wildlife species are
part of California's heritage, not only for hunting, but also
for scientific study and for passive forms of recreation, such
as bird watching, photography or nature study, and to preserve
species' biological roles within a sustainable ecosystem.
Statutorily designated game refuges include Fish and Game
District 1C (Modoc County), 1F (Lassen County), 1G (Tehama
County), 1H (Plumas County), 1I (Placer County), 1J (Amador
County), 1K (Johnsville Game Refuge in Plumas County), 1N
(Siskiyou County), 1P (Plumas County), 1R (Tuolumne County), 1S
(Lassen County), 1V (Plumas County), 2A (Mendocino, Lake and
Glenn Counties), 2B (Mount Tamalpais Game Refuge), 3F (Contra
Costa Counties), 3G (San Mateo and Santa Clara Counties), 4D
(Riverside County), and 4G (Strawberry Creek/San Jacinto
watersheds), the California Sea Otter Game Refuge, the Preston
School of Industry Game Refuge (Amador County), and the Farallon
Islands Game Refuge. The San Francisco Fish and Game Refuge (in
San Mateo County) is also classified as a game refuge (which
brings the total number of game refuges to 22).
In addition to the above game refuges, there are also sixteen
other statutorily established marine life refuges, the San
Leandro Waterfowl Refuge, and the Bolinas Quail Refuge. These
other refuges are presumably unaffected by this bill.
This bill, in addition to requiring that DFG provide opportunity
for public comment on the game refuges, requires that DFG make
information on game refuge boundaries and maps available on
DFG's website.
REGISTERED SUPPORT / OPPOSITION :
Support
California Outdoor Heritage Alliance (to previous version)
Opposition
None on file.
SB 1166
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Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096