BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 1434
Author: Wolk (D)
Amended: 6/11/14
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 4/29/14
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 34-0, 5/19/14
AYES: Anderson, Beall, Berryhill, Block, Corbett, Correa, De
León, Evans, Fuller, Gaines, Galgiani, Hancock, Hernandez,
Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Liu,
Mitchell, Monning, Morrell, Padilla, Pavley, Roth, Steinberg,
Torres, Vidak, Walters, Wolk, Wyland
NO VOTE RECORDED: Calderon, Cannella, DeSaulnier, Nielsen,
Wright, Yee
ASSEMBLY FLOOR : 77-0, 8/7/14 (Consent) - See last page for vote
SUBJECT : Funding of fish and wildlife programs: State Duck
Stamp Account advisory committee
SOURCE : California Waterfowl Association
DIGEST : This bill requires the expenditure of all federal
grant monies made available to the state under the Federal Aid
in Wildlife Restoration Act of 1937 (commonly known as
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Pittman-Robertson Act or PR Act) to be consistent with the PR
Act. Requires the Department of Fish and Wildlife (DFW), in
applying for these federal grant monies, to give priority to
projects that fulfill one or more specified purposes.
Assembly Amendments delete the requirement that monies expended
under the PR Act fulfill specified purposes and instead require
DFW in applying for these federal grant monies, to give priority
to projects that fulfill one or more specified purposes, and
make other clarifying and technical changes.
ANALYSIS :
Existing law:
1.Establishes, under the PR Act, 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 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.
2.Establishes the DFW and allows the 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.
3.Establishes the State Duck Stamp Account (SDS Account) and
requires that:
Monies from the SDS Account be used for projects related
to waterfowl preservation, habitat restoration,
assessments, and research.
The Fish and Game Commission must analyze each project
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using these funds.
Any lands acquired in California with funds allocated
for certain migrating waterfowl be open to waterfowl
hunting.
This bill:
1.Requires that the expenditure of PR monies be consistent with
uses allowable under the PR Act.
2.Requires the DFW, in applying for these federal grant monies,
to give priority to projects that fulfill at least one of the
following purposes:
A. Management of the DFW's wildlife areas and/or other
lands open to public hunting or non-game wildlife-related
recreation, education, and research.
B. Conservation and scientific research of wildlife or
wildlife habitat.
C. Support of hunting-related programs such as hunter
education, public access, and target shooting.
3.Establishes the SDS Account advisory committee.
4.Requires the DFW to:
A. Post on its Internet Web site a description and budget
for projects receiving PR funds.
B. Consult with the Upland Game Bird Account, SDS Account,
and Big Game Management Account advisory committees
regarding all projects receiving PR funds.
Background
Recently, sales of guns and ammunition have soared. In 2012 and
2013, California was eligible to receive an estimated total of
$12.5 million 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
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$25 million 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.
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%.
As repeatedly noted during the process that culminated in the
release of the California Fish and Wildlife Strategic Vision in
April 2012, the 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
the DFW conservation activities other than sport and commercial
fishing and hunting activities has resulted in inadequate
wildlife and habitat conservation and wildlife protection
programs.
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 (Fish and Game
Code Section 711). 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.
In 2010, SB 1058 (Harman, Chapter 408, Statutes of 2010)
established the Upland Game Bird Account and the Big Game
Management Account 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. The bill also established
advisory committees for each account. These committees review
and provide comments to the DFW 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.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/7/14)
California Waterfowl Association (source)
Audubon California
California Rice Commission
California Rifle and Pistol Association
California Sportsman's Lobby
Ducks Unlimited
Outdoor Sportsmen's Coalition of California
Pheasants Forever
Quail Forever
Safari Club International
ARGUMENTS IN SUPPORT : The California Waterfowl Association
contend that this bill requires that expenditure of PR monies be
"subject to review and comment by stakeholder conservation
groups." They argue that this bill expands existing annual
consultation with advisory committees to include projects funded
with PR monies.
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 this bill as it makes PR monies
available for those purposes.
ASSEMBLY FLOOR : 77-0, 8/7/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,
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Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V.
Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Bonilla, Fox, Vacancy
RM:k 8/8/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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