BILL ANALYSIS                                                                                                                                                                                                    





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2009-2010 Regular Session                    |
          |                                                                 |
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          BILL NO: SB 1058                   HEARING DATE: March 23, 2010   

          AUTHOR: Harman                     URGENCY: No  
          VERSION: March 19, 2010            CONSULTANT: Marie Liu  
          DUAL REFERRAL: No                  FISCAL: Yes  
          SUBJECT: Game hunting.  
          
          BACKGROUND AND EXISTING LAW
          Existing law in the Fish and Game Code and in regulations of the  
          California Fish and Game Commission (CFGC) establish hunting  
          seasons, bag limits, and other statutory qualifications and  
          restrictions for the hunting of game in California. Additional  
          provisions are specific to various species. For example,  
          existing provisions explicitly provide for a licensed hunter to  
          supplement his or her license with "tags" that allow the lawful  
          take various species, including deer, elk, bear, wild pigs,  
          antelope, bighorn sheep, and upland game birds. 

          Existing law requires the Director of the department (DFG) and  
          the Secretary for Resources to annually report on the fund  
          condition of the department's various accounts that comprise the  
          Fish and Game Preservation Fund as part of the annual budget  
          process. This was a provision of SB 1535 (Kuehl) that  
          implemented a recommendation of the LAO which was concerned  
          about the accounting practices of DFG. In 2004, a state audit  
          noted accounting issues with various dedicated accounts within  
          the Fish and Game Preservation Fund hat have been addressed to a  
          certain extent both with remedial legislation and internally  
          within the department. 

          Existing law provides for the continuous appropriation of 54% of  
          the funds generated by the sale of deer tags for the  
          implementation of deer herd management funds. 

          More than $9 million is generated through the sale of hunting  
          licenses, and specialized tags generate another $2 million. Bear  
          tags generate $775,000. Elk tags generate about $100,000  
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          annually, antelope about $10,000, and bighorn sheep about  
          $5,000. 

          PROPOSED LAW
          This bill would create the Big Game Management Account and the  
          Upland Game Bird Account within the Fish and Game Preservation  
          Fund. Specifically, this bill would:
           Deposit proceeds from the sale of antelope, elk, deer, wild  
            pig, bear, and bighorn sheep tags into the Big Game Management  
            Account.
           Deposit proceeds from the sale of upland game bird hunting  
            validations and bird stamps into the Upland Game Bird Account.
           Restrict uses of the Big Game Management Account, upon  
            appropriation by the Legislature, to acquire land and conduct  
            programs and projects that benefit antelope, elk, deer, wild  
            pigs, bears, and bighorn sheep and expand public hunting  
            opportunities.
           Restrict uses of the Upland Game Bird Account, upon  
            appropriation by the Legislature, to acquire land and conduct  
            projects and programs to benefit upland game bird species and  
            expand public hunting opportunities.
           Allow the department to make grants from the Big Game  
            Management Account and the Upland Game Bird Account to, and  
            enter into contracts with, nonprofits to carry out the  
            purposes of the account.
           Establish an advisory committee for each the Big Game  
            Management Account and for the Upland Game Bird Account to  
            review and comment on all proposed spending from the account.
           Require DFG to post budget information and information on  
            projects funded by the Big Game Management Account and the  
            Upland Game Bird Account on its website.

          ARGUMENTS IN SUPPORT
          In support of the bill, the California Outdoor Heritage  
          Alliance, points to past problems with the usage of revenues  
          from bear, elk, sheep, antelope, pig, and upland bird  
          tags/stamps. Specifically, they site a 2006 LAO report that  
          found that DFG shifted funds within the Fish and Game  
          Preservation Fund that resulted in revenues dedicated by statute  
          for specific uses being used for unauthorized purposes. The  
          California Outdoor Heritage Alliance also cites DFG data that  
          show that only 62% of deer tag revenue, 64% of wild pig tag  
          revenue, and 48% of wild sheep auction tag revenue was used for  
          related conservation work.

          The California Outdoor Heritage Alliance states, "To more fully  
          address these problems over the long-term, SB 1058 would require  
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          that user fee revenues from bear, elk, wild sheep, antelope,  
          wild pig, deer and upland game bird tags/stamps be used for game  
          species conservation purposes. The bill would also require DFG  
          to consult with nonprofit conservation groups on proposed  
          conservation projects funded from the fees, while facilitating  
          the cost-effective assistance of the nonprofits with the  
          projects. SB 1058 also consolidates various existing big game  
          species fiscal accounts into a single account (a practice  
          recommended by the LAO in its 2009-10 Budget Analysis Series  
          (RES-60)), which further improves efficiencies in the use of the  
          monies and gives DFG greater flexibility to benefit all big game  
          species."

          ARGUMENTS IN OPPOSITION
          None received

          COMMENTS 
           Past efforts:  This bill is substantially similar to SB 589  
          (2009, Harman), which this committee passed with a unanimous  
          vote. SB 589 was approved by the Legislature but was ultimately  
          vetoed by the Governor. In his veto message, the Governor  
          stated, "The create of more dedicated accounts and reserved more  
          funds for those accounts will only increase the complexity of  
          the Department's fiscal management of these dollars, as well as  
          reduce the Department's flexibility to appropriately administer  
          hunting programs. Additionally, the bill's requirement that the  
          Department post budget information on its public website is  
          redundant since the Department
          already does this for all of its accounts."

          The committee may wish to note that while some budget  
          information is available on the Department's website, this bill  
          would require more detailed information to be posted, most  
          notably a brief description of the projects funded by the Big  
          Game Management Account nd the Upland Game Bird Account.












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          SUPPORT
          California Bow Hunters/State Archery Association
          California Chapters of Safari Club International
          California Council of Land Trusts
          California Houndsmen for Conservation
          California Outdoor Heritage Alliance 
          Lodi Bowmen
          Lower Sherman Island Duck Hunters Association
          Rocky Mountain Elk Foundation
          The California Sportsman's Lobby
          The Outdoor Sportsmen's Coalition of California
          U.S. Sportsmen's Alliance
          3 individuals

          OPPOSITION
          None Received






























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