BILL ANALYSIS                                                                                                                                                                                                    Ó





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2013-2014 Regular Session                    |
          |                                                                 |
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          BILL NO: SB 1434                   HEARING DATE: April 29, 2014   

          AUTHOR: Wolk                       URGENCY: No  
          VERSION: April 22, 2014            CONSULTANT: Toni Lee 
          DUAL REFERRAL: No                  FISCAL: Yes  
          SUBJECT: Funding of fish and wildlife programs: State Duck Stamp  
          Account advisory committee.
          
          BACKGROUND AND EXISTING LAW
          Existing law, the Federal Aid in Wildlife Restoration Act of  
          1937 (commonly known as Pittman-Robertson), establishes an 11%  
          excise tax on sporting arms and ammunition. Monies collected are  
          deposited in the Wildlife Restoration Account and are used for  
          administrative costs, the Multistate Conservation Grant Program,  
          and hunter education programs. The remaining Pittman-Robertson  
          (PR) funds are appropriated to the Secretary of the Interior and  
          apportioned to states through the Wildlife Restoration Program  
          using a formula based on the area of the state and its number of  
          licensed hunters. These monies may fund up to 75% of projects  
          relating to the acquisition and improvement of wildlife habitat,  
          the introduction of wildlife into habitat, research, public  
          access facilities, and hunter education programs (a minimum 25%  
          state cost share is required). The PR Act allows its funds to be  
          used for any species of wild bird or mammal, whether game or  
          non-game. 

          Recently, sales of guns and ammunition have soared. In 2012 and  
          2013, California was eligible to receive an estimated total of  
          $12.5 M in PR funds, about 82% of which was categorized as  
          wildlife funds and 18% of which was allocated for hunter  
          education. In 2014, California is eligible to receive  
          approximately $25 M in PR funds.

          The federal Fish and Wildlife Service (FWS) states that many  
          PR-funded projects benefit non-hunting activities including  
          birdwatching, nature photography, and painting. Approximately  
          26% of PR funding to states is used for surveys and research.  
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          Moreover, FWS reports that recent estimates indicate about 70%  
          of people using wildlife management areas are not hunting. In  
          some localities, this ratio may reach 95%. 

          Existing law also establishes the Department of Fish and  
          Wildlife (DFW) (Fish and Game Code (FGC) §700) and allows DFW to  
          acquire and operate real property as wildlife management areas.  
          These areas include waterfowl management areas, deer ranges,  
          upland game bird management areas, and public shooting grounds  
          (FGC §1525).

          As repeatedly noted during the process that culminated in the  
          release of the California Fish and Wildlife Strategic Vision in  
          April 2012, DFW has repeatedly experienced difficulty fulfilling  
          its mandates due to a lack of resources. In 2006, for example,  
          the Legislature declared that a lack of funding to DFW  
          conservation activities other than sport and commercial fishing  
          and hunting activities has resulted in inadequate wildlife and  
          habitat conservation and wildlife protection programs (FGC  
          §710). 

          The Legislature has also found and declared that the costs of  
          hunting and sport fishing programs shall be provided out of  
          monies received from or for hunting and sport fishing programs  
          and other funds appropriated by the Legislature for this  
          purpose, and that these funds should not be applied to  
          commercial fishing programs, free hunting and fishing license  
          programs, or nongame fish and wildlife programs (FGC  
          §711(a)(3)). The section also expresses legislative intent that  
          funding for nongame fish and wildlife programs shall be provided  
          through the General Fund and sources other than the Fish and  
          Game Preservation Fund (FGPF) (FGC §711(a)(1)).  

          Existing law also declares that hunting, fishing, wildlife  
          viewing, wildlife photography, conservation education, and fish  
          and wildlife research are priority uses compatible with  
          non-ecological reserve department-managed lands (FGC  
          §1745(d)(1)). 

          Existing law (FGC §3701 et seq.) establishes the State Duck  
          Stamp Account and requires that: 
                 Monies from this account be used for projects related to  
               waterfowl preservation, habitat restoration, assessments,  
               and research.
                 The Fish and Game Commission must analyze each project  
               using these funds
                 Any lands acquired in California with funds allocated  
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               for certain migrating waterfowl be open to waterfowl  
               hunting. 

          In 2010, SB 1058 established the Upland Game Bird Account (FGC  
          §3684) and the Big Game Management Account (FGC §3953) for  
          proceeds from the sale of game tags, validations, and stamps to  
          fund land acquisitions, programs benefiting game bird and big  
          game species, and the expansion of public hunting opportunities  
          (Harman, Ch. 408, Stats. 2010). SB 1058 also established  
          advisory committees for each account. These committees review  
          and provide comments to the department on all projects funded  
          through either account to ensure that funds be used solely for  
          projects benefitting specified game species (upland birds,  
          antelope, elk, deer, wild pig, bear, or sheep) and expanding  
          public hunting opportunities.

          PROPOSED LAW
          This bill:
             1.   Requires that the expenditure of PR monies be consistent  
               with uses allowable under the PR Act 
             2.   Requires that the expenditure of PR monies fulfill at  
               least one of the following purposes:
                         Management of DFW's wildlife areas and/or other  
                   lands open to public hunting or non-game  
                   wildlife-related recreation, education, and research
                         Conservation and scientific research of wildlife
                         Support of hunting-related programs such as  
                   hunter education, public access, and target shooting
             1.   Establishes the State Duck Stamp Account advisory  
               committee
             2.   Requires DFW to:
                         Post on the department website a description and  
                   budget for projects receiving PR funds
                         Consult with the Upland Game Bird Account, State  
                   Duck Stamp Account, and Big Game Management Account  
                   advisory committees regarding relevant programs  
                   receiving PR funds

          ARGUMENTS IN SUPPORT
          The California Waterfowl Association (CWA) contend that this  
          bill would require that expenditure of PR monies be "subject to  
          review and comment by stakeholder conservation groups." They  
          argue that SB 1434 would expand existing annual consultation  
          with advisory committees to include projects funded with PR  
          monies. The bill would also establish the Duck Stamp Advisory  
          Committee in the FGC. According to CWA, this committee has  
          operated successfully for many years and provides annual  
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          recommendations to DFW on the use of Duck Stamp funds. 

          The California Rice Commission (CRC) is concerned with "overall  
          quality of waterbird populations" and has a natural interest in  
          the quality of habitat in wetlands adjacent to rice areas. They  
          assert that these protected areas serve as important  
          "alternative habitat for waterfowl to use" as their crop  
          matures. Federal grant dollars not only fund hunting-related  
          programs, but also support critical wildlife conservation  
          efforts such as the operation and maintenance of the State's  
          Wildlife Management Areas as well as game species research  
          projects. CRC supports the bill as it would make PR monies  
          available for those purposes. 

          ARGUMENTS IN OPPOSITION
          None Received

          COMMENTS 
           1.The bill does not restrict PR fund use to hunting-related  
            programs.  The FWS reports that a high percentage of PR funds  
            are used to support programs with significant non-game  
            benefits. Certain game conservation programs, such as the  
            management of wildlife areas, may intrinsically benefit both  
            game and non-game species. 

           2.The Upland Game Bird Account and Big Game Management Account  
            advisory committees include nonprofit organizations  
            representing the interest of licensed hunters with goals  
            related to the management and conservation of game species  .  
            Through requiring that DFW consult these advisory committees  
            in the execution of any PR-funded projects, it is possible  
            that future PR-funded projects may not take into adequate  
            consideration the interests of other parties. However, DFW  
            already consults with and provides budgetary information to  
            the advisory committees. This provision would simply codify  
            current practice.

           3.DFW reports that the 25% matching funds necessary to receive  
            PR monies are typically drawn from the FGPF  . The Big Game  
            Management, State Duck Stamp, and Upland Game Bird Accounts  
            are also used to provide matching funds. The state submits an  
            invoice to the federal government to receive the remaining  
            75%. These PR monies are not deposited in any state accounts  
            including the FGPF.

           4.Potential future amendments  . Should the bill move forward, the  
            committee may request that the bill be brought back for  
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            further review if substantive amendments are made. 



          SUPPORT
          California Waterfowl Association (Sponsor)
          California Rice Commission
          California Sportsman's Lobby
          Outdoor Sportsmen's Coalition of California 
          Safari Club International

          The following letters were received in support of the February  
          21, 2014 version of SB 1434:
          California Rifle and Pistol Association
          Audubon California
          Ducks Unlimited
          Pheasants Forever
          Quail Forever

          OPPOSITION
          None Received 


























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