BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1249|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1249
          Author:   Wolk (D)
          Amended:  8/24/12
          Vote:     21

           
           SENATE NATURAL RESOURCES AND WATER COMM  :  5-0, 4/10/12
          AYES:  Pavley, Cannella, Kehoe, Padilla, Wolk
          NO VOTE RECORDED:  La Malfa, Evans, Fuller, Simitian

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 5/24/12
          AYES:  Kehoe, Alquist, Lieu, Price, Steinberg
          NOES:  Walters, Dutton

           SENATE FLOOR  :  27-7, 5/30/12
          AYES:  Alquist, Berryhill, Cannella, Corbett, Correa, De 
            León, DeSaulnier, Evans, Hancock, Harman, Hernandez, 
            Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, 
            Padilla, Pavley, Price, Rubio, Simitian, Steinberg, 
            Vargas, Wolk, Wright, Yee
          NOES:  Anderson, Blakeslee, Dutton, Gaines, La Malfa, 
            Walters, Wyland
          NO VOTE RECORDED:  Calderon, Emmerson, Fuller, Huff, 
            Runner, Strickland

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    Department of Fish and Game:  lands:  
          expenditures

          SOURCE  :     Author

                                                           CONTINUED





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           DIGEST  :    This bill allows the Department of Fish and Game 
          (DFG) to enter into contracts with nonprofit conservation 
          groups for the management and operation of DFG-managed 
          lands starting January 1, 2015, require that a fee be 
          collected for the use of DFG-managed lands, and requires 
          that the county's expenditures of Fish and Game penalty 
          revenues be expended for fish and wildlife purposes.

           Assembly Amendments  make clarifying changes and require the 
          fee in the Senate version to start on January 1, 2015. 

           ANALYSIS  :    Existing law:

          1.DFG may accept donations of land or may otherwise acquire 
            lands or non-marine waters for several purposes including 
            wildlife management areas, public shooting grounds, 
            ecological reserves, and others. 

          2.DFG is required to operate its lands on a nonprofit basis 
            and to accommodate multiple uses, including hunting and 
            fishing. Section 1528 mentions camping, picnicking, 
            boating, or swimming as possible other activities. 

          3.The California Fish and Game Commission (FGC) may charge 
            fees for any use privilege at these lands. 

          4.A separate provision allows DFG to issue annual or 
            per-day wildlife area passes. Annual passes are $10.  Day 
            passes are $2. Persons with valid hunting, trapping, or 
            fishing licenses are exempt as are school group tours and 
            persons under 16. 

          5.Many fines and forfeitures established in the Fish and 
            Game Code are evenly divided between the state and the 
            county where the fine was collected. 

          This bill:

          1.Authorizes DFG to enter into agreements for the 
            management and operation of department-managed lands with 
            nonprofit conservation groups or resource conservation 
            districts. 








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          2.Defines department-managed lands for these purposes to 
            include lands or lands and water acquired for public 
            shooting grounds, state marine (estuarine) recreational 
            management areas, ecological reserves, and wildlife 
            management areas. 

          3.Requires that such agreements be consistent with approved 
            management plans and the purpose for which the lands were 
            acquired and managed by DFG, and requires that any 
            changes to the management plan be subject to public 
            review and comment. 

          4.Reaffirms existing law providing that multiple 
            recreational use of department-managed lands is desirable 
            and shall be encouraged by the Fish and Game Commission 
            (FGC).  Provides that except for hunting and fishing only 
            minimal facilities to permit other forms of multiple 
            recreational uses, such as camping, picnicking, boating, 
            or swimming shall be provided. States that hunting, 
            fishing, wildlife viewing, wildlife photography, 
            conservation education, and fish and wildlife research 
            are the priority uses compatible with department-managed 
            lands, except for ecological reserves where uses shall be 
            considered on an individual basis. Provides that other 
            public uses may be authorized by FGC by regulation and 
            may be subject to a special use permit.  Further provides 
            that fees for any use privileges may be set by the FGC 
            and collected by DFG. 

          5.Requires, commencing January 1, 2015, DFG to require the 
            purchase of an entry permit for nonconsumptive uses of 
            department-managed lands if DFG finds it is practical and 
            cost-effective to collect entry permit fees. Defines 
            nonconsumptive uses to mean compatible uses other than 
            hunting and fishing. Allows DFG to require the purchase 
            of an entry permit for nonconsumptive uses only if a sign 
            providing notice of the requirement has been posted at 
            the land. Requires DFG, to the extent feasible, to allow 
            nonconsumptive users to purchase an entry permit onsite, 
            and requires DFG to use DFG's online Automated License 
            Data System (ALDS) to sell the permits. Requires that the 
            user have the permit in their immediate possession while 
            on department-managed lands. Makes failure to obtain an 
            entry permit an infraction. Persons with a valid hunting 







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            license, sport fishing license or trapping license would 
            be exempt from the entry permit requirement. 

          6.Requires that moneys generated from the use fees or entry 
            permits shall be deposited in the Native Species 
            Conservation and Enhancement Account within the Fish and 
            Game Preservation Fund and available upon appropriation 
            to DFG for management and operation of its lands. If the 
            source of the fee revenue collected can be identified, no 
            less than 35% of the funds generated shall go to the 
            lands from which the fee revenue was collected. 

          7.Requires that proposed expenditures from a county fish 
            and wildlife propagation fund shall be reviewed first at 
            a meeting of the county board of supervisors or county 
            fish and game commission to ensure compliance with 
            existing law requiring expenditures from propagation 
            funds to be used for specified purposes related to fish 
            and wildlife conservation. 

           Background  

          DFG manages 711 properties throughout California, 
          encompassing more than one million acres, including 408 
          wildlife areas, ecological reserves, hatcheries, and public 
          access lands.  Entrance fees are only charged at 19 of 
          these areas which result in approximately $2.5M in use 
          revenue annually.  DFG is significantly underfunded for the 
          management of its lands with some areas receiving very 
          minimal management attention. Except for the 19 areas which 
          currently charge an entrance fee, management costs are 
          largely supported by hunting and licensing fees, despite 
          the fact that the lands are also used by non-consumptive 
          users (e.g. birdwatchers, hikers, campers).  Revenues from 
          entrance fees are collected and deposited into the Native 
          Species Conservation Enhancement Account and used to 
          supplement the costs of wildlife management programs.  
          According to DFG, 100 percent of the entrance fees 
          collected are returned to the property at which they were 
          collected for management of that property. Entrance fees 
          which are collected under the authority granted to DFG 
          under §1764 and 1765 of the Fish and Game Code cannot be 
          collected until that property has a management plan.








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          Counties currently receive a portion of all fines and 
          penalties generated from violations of the Fish and Game 
          Code.  A county is required to deposit these funds into a 
          county fish and wildlife propagation fund and may only 
          expend these monies for the protection, conservation, 
          propagation, and preservation of fish and wildlife as 
          specified in Section 13103 of the Fish and Game Code.  
          According to the author, in one county, it was found that 
          the revenues were being used to supplement salaries in its 
          sheriff's office, which is not consistent with Section 
          13103.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Assembly Appropriations Committee: 

          One-time costs of approximately $200,000 to DFG to modify 
          its ALDS to allow issuance of site-specific non-consumptive 
          use access passes (Fish and Game Preservation Fund). The 
          costs would not be covered by access pass fee revenue since 
          the access pass fee cannot be collected until the ALDS is 
          modified. 

          Annual revenue, beginning in 2014-15, of an unknown but 
          significant amount from the sale of access passes. DFG 
          estimates revenues ranging between $550,000 and $2.2 
          million, based on a compliance rate ranging between 5% and 
          20% and assuming no drop in visitation at DFG-managed lands 
          as a result of imposition of the access pass fee. 

          Potential minor cost, possibly in the tens of thousands of 
          dollars, to the extent the Commission on State Mandates 
          determines the review requirement on expenditures from a 
          county fish and wildlife propagation fund to be a 
          reimbursable state mandate. Because the bill requires the 
          reviews to be conducted during regularly scheduled 
          meetings, costs should be insignificant, reimbursable or 
          not. 

           SUPPORT  :   (Verified 8/29/12) 

          California Outdoor Heritage Alliance 
          California Waterfowl Association







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           OPPOSITION  :    (Verified  8/29/12)

          Paw Pac
          Public Interest Coalition

           ARGUMENTS IN SUPPORT  :     The author has introduced this 
          bill to improve DFG's ability to manage its more than one 
          million acres of lands, including wildlife management 
          areas, under its jurisdiction.  This bill would accomplish 
          this in three ways:  1) by requiring all users of DFG lands 
          to pay a fee to access these lands; 2) by authorizing DFG 
          to enter into agreements with nonprofit wildlife 
          conservation groups and resource conservation districts to 
          assist with management and operation of DFG lands; and, 3) 
          by clarifying priority, compatible uses for DFG lands. 

          DFG manages over one million acres of fish and wildlife 
          habitat throughout the state.  Currently, hunters and 
          fishers pay license, tag and stamp fees that contribute to 
          the costs of managing department lands.  However, other 
          recreational users are currently only required to purchase 
          a pass to access seven wildlife management areas and 
          ecological reserves but can access most department-managed 
          lands that are open to public access for free. Hunters and 
          fishermen also contribute to wildlife habitat conservation 
          through payment of federal taxes on hunting and fishing 
          equipment. 

          The need for the costs of wildlife habitat management to be 
          born more broadly by all recreational users of DFG lands 
          was raised and discussed in the stakeholder advisory group 
          for the DFG Strategic Vision process without opposition.  
          While it may be appropriate that consumptive users like 
          hunters and fishers pay a higher proportional cost, the 
          concept that all users should contribute toward the costs 
          of habitat management appears to be broadly accepted. 

          The author's office also notes that the six activities 
          cited in this bill as priority compatible uses for 
          department-managed lands - hunting, fishing, wildlife 
          viewing, wildlife photography, conservation education and 
          research - are also the six priority public uses identified 
          in federal law for the National Wildlife Refuge System.  







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          This bill also clarifies that with regard to ecological 
          reserves, where hunting is generally not allowed, uses 
          shall be considered on an individual basis. 

          Supporters note this bill will enhance operation, 
          maintenance and funding of DFG managed lands; provide 
          consistency between public use regulations on state and 
          federal wildlife refuges; help prevent public uses 
          incompatible with wildlife conservation objectives on DFG 
          lands; authorize cooperative agreements to assist in DFG 
          lands management; provide additional funding for land 
          management in a manner accessible and convenient to the 
          public; and, ensure greater accountability in expenditure 
          of county fish and wildlife propagation funds

           ARGUMENTS IN OPPOSITION  :    Opponents object to allowing 
          private contracts for management of DFG lands and assert 
          penalties for non-consumptive users who access DFG lands 
          without an entry permit should be higher. 


          CTW:n   8/29/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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