BILL ANALYSIS Ó
SB 749
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Date of Hearing: August 14, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 749 (Wolk) - As Amended: August 12, 2013
Policy Committee: Water, Parks and
Wildlife Vote: 15-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill modifies the California Endangered Species Act (CESA)
listing procedures and
extends the sunset date on the authority for accidental take of
listed species during agricultural activities. This bill also
enacts other provisions related to agricultural leasing of state
lands. Specifically, this bill:
1)Extends the sunset from 2014 to 2020 on the provision allowing
accidental take of a candidate, threatened or endangered
species resulting from an act that occurs from routine and
ongoing agricultural activities. Defines accidental to mean
unintended or unforeseen.
2)Authorizes the Department of Fish and Wildlife (DFW) to lease
department-managed lands for agricultural activities, as
specified. Authorizes moneys collected from agricultural
leases to be used to support maintenance and operations of the
DFW managed lands.
3)Requires DFW to identify lands to be maintained for upland
nesting cover and waterfowl brood habitat. Requires the DFW to
annually provide an opportunity for licensed hunters to
comment and make recommendations on the management of those
lands.
4)Establishes an alternative process for the Fish and Game
Commission to review a petition by an interested party to add
or remove a species from the CESA lists until January 1, 2017.
5)Prohibits any state agency from prohibiting, conditioning,
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penalizing or otherwise restricting the establishment of
upland nest cover or associated waterfowl brood habitat for
propagating waterfowl, upland game birds, or other protected
birds.
6)Provides a statement to encourage landowners of agricultural
lands idled to provide water for transfers to cultivate or
retain non-irrigated cover crops or natural vegetation if all
other water transfer requirements are met.
FISCAL EFFECT
1)Increased costs of $130,000 annually to the Upland Game Bird
Account within the Fish and Game preservation Fund for DFW to
identify for game bird and waterfowl habitat.
2)Cost pressure of up to $1.7 million for lost revenues to the
Wildlife Restoration Fund.
3) Minor, absorbable costs to review petitions to add or remove
a species from the lists of threatened or endangered species
and make recommendations on the regarding the establishment of
a bird habitat.
COMMENTS
1)Purpose. According to the author, this bill is intended to
ensure good stewardship of private property and DFW-managed
lands, provide funding for maintenance and operations, and
encourage the creation of waterfowl and upland game bird
habitat.
2)DFW-Managed Lands. DFW is permitted to lease
department-managed lands for certain activities. Lease
revenues are deposited in the Wildlife Restoration Fund,
managed by the Wildlife Conservation Board. Funds may be used
to acquire lands and construct facilities suitable for
recreation and adaptable for conservation, propagation, and
utilization of fish and game resources. The Wildlife
Restoration Fund cannot be used for land management.
3)Upland game birds. Hunters are required to obtain an upland
game bird stamp to hunt upland game birds, such as doves, sage
grouse, wild turkeys, and quail. Stamp revenues are deposited
into the Upland Game Bird Account and are available for
expenditure, upon appropriation by the Legislature, for the
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acquisition of land and projects that will benefit upland game
bird species and expand public hunting opportunities. For the
past three years, stamp revenues have been approximately $1.4
million.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081