BILL ANALYSIS ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2009-2010 Regular Session | | | ----------------------------------------------------------------- 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 1 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 2 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. 3 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 4