California Legislature—2015–16 Regular Session

Assembly BillNo. 1792


Introduced by Assembly Member Wood

February 4, 2016


An act to amend Section 332 of the Fish and Game Code, relating to hunting.

LEGISLATIVE COUNSEL’S DIGEST

AB 1792, as introduced, Wood. Elk tags: Indian tribes.

Existing law authorizes the Fish and Game Commission to determine and fix the area or areas, the seasons and hours, the bag and possession limit, and the number of elk that may be taken under rules and regulations that the commission may adopt from time to time.

This bill would require the commission to allocate a specific number of elk tags to federally-recognized Indian tribes in California for the purpose of cultural or religious ceremonies or celebrations.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 332 of the Fish and Game Code is
2amended to read:

3

332.  

(a) The commission may determine and fix the area or
4areas, the seasons and hours, the bag and possession limit, and the
5number of elk that may be taken under rules and regulations that
6the commission may adopt from time to time. The commission
7may authorize the taking of tule elk if the average of the
8department’s statewide tule elk population estimates exceeds 2,000
P2    1animals, or the Legislature determines, pursuant to the reports
2required by Section 3951, that suitable areas cannot be found in
3the state to accommodate that population in a healthy condition.

4(b) Only a person possessing a valid hunting license may obtain
5a tag for the taking of elk.

6(c) The department may issue an elk tag upon payment of a fee.
7The fee for a tag shall be one hundred sixty-five dollars ($165) for
8a resident of the state, as adjusted under Section 713. On or before
9July 1, 2007, the commission shall, by regulation, fix the fee for
10a nonresident of the state at not less than one thousand fifty dollars
11($1,050), as adjusted under Section 713. The fees shall be deposited
12in the Big Game Management Account established in Section 3953
13and, upon appropriation by the Legislature, shall be expended, in
14addition to moneys budgeted for salaries of the department as set
15forth in Section 3953.

16(d) The commission shall annually direct the department to
17authorize not more than three elk hunting tags for the purpose of
18raising funds for programs and projects to benefit elk. These tags
19may be sold at auction to residents or nonresidents of the state or
20by another method and are not subject to the fee limitation
21prescribed in subdivision (c). All revenues from sales pursuant to
22 this subdivision shall be deposited in the Big Game Management
23Account established in Section 3953 and, upon appropriation by
24the Legislature, shall be expended as set forth in that section.

25(e) The commission shall direct the department to annually
26authorize one elk tag of the total number of tags available for
27issuance to nonresidents of the state.

begin insert

28(f) The commission shall allocate a specific number of elk tags
29to federally-recognized Indian tribes in California for the purpose
30of cultural or religious ceremonies or celebrations.

end insert


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