Amended in Assembly March 30, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 amended, Wood. Elk tags: begin insert federally recognized end insert 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. begin insert Existing law authorizes the Department of Fish and Wildlife to issue an elk tag upon payment of a fee and to deposit that fee into the Big Game Management Account. end insert

begin delete

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.

end delete begin insert

This bill would require the commission, upon request, to engage in consultation with individual federally recognized Indian tribes in California regarding elk management issues. The bill would authorize the commission to allocate a specific number of elk tags to such an Indian tribe for the purpose of harvesting elk located within the defined territory of that tribe for purposes of subsistence, cultural or religious ceremonies, or tribal celebrations. The bill would require the department, prior to an allocation of elk tags to an Indian tribe, to work collaboratively with that tribe on the development of a science-based elk management strategy that includes tribal harvest for cultural, ceremonial, and subsistence purposes.

end insert

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

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

SECTION 1.  

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

332.  

(a) The commission may 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. The commission
may authorize the taking of tule elk if the average of the
department’s statewide tule elk population estimates exceeds 2,000
animals, or the Legislature determines, pursuant to the reports
required by Section 3951, that suitable areas cannot be found in
the state to accommodate that population in a healthy condition.

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

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

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

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

begin delete

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

end delete begin insert

(f) Upon request, the commission shall engage in consultation
with individual federally recognized Indian tribes in California
regarding elk management issues and may allocate a specific
number of elk tags to a federally recognized Indian tribe for the
purpose of harvesting elk located within the defined territory of
that tribe for purposes of subsistence, cultural or religious
ceremonies, or tribal celebrations. Prior to an allocation of elk
tags to a tribe pursuant to this section, the department shall work
collaboratively with the tribe on the development of a
science-based elk management strategy that includes tribal harvest
for cultural, ceremonial, and subsistence purposes.

end insert