BILL ANALYSIS Ó ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2013-2014 Regular Session | | | ----------------------------------------------------------------- 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. 1 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 2 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 3 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 4 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 5