BILL NUMBER: AB 1792	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 30, 2016

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:  federally recognized
 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.
 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.  
   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.  
   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.

   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. 
   (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.  
   (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.