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 thebegin delete commission,end deletebegin insert department,end insert upon request, tobegin delete engage in consultationend deletebegin insert
meetend insert with individual federally recognized Indian tribes inbegin delete 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.end deletebegin insert California to discuss elkend insertbegin insert-related issues for elk located within the territory of the individual tribe.end insert The bill would require thebegin delete department, prior to an allocation of elk tags to an Indian tribe,end deletebegin insert departmentend insert to workbegin delete collaborativelyend deletebegin insert collaboratively, and in good faith,end insert with that tribebegin delete on the development of a science-based elk management strategy that includes tribal harvest for cultural, ceremonial, and subsistence purposes.end deletebegin insert
to identify possible science-based solutions.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 332 of the Fish and Game Code is
2amended to read:
(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
9animals, or the Legislature determines, pursuant to the reports
10required by Section 3951, that suitable areas cannot be found in
11the state to accommodate that population in a healthy condition.
12(b) Only a person possessing a valid hunting license may obtain
13a tag for the taking of elk.
14(c) The department may issue an elk tag upon payment of a fee.
15The fee for a tag shall be one hundred sixty-five dollars ($165) for
16a resident of the state, as adjusted under Section 713. On or before
17July 1, 2007, the commission shall, by regulation, fix the fee for
18a nonresident of the state at not less than one thousand fifty dollars
19($1,050), as adjusted under Section 713. The fees shall be deposited
20in the Big Game Management Account established in Section 3953
21and, upon appropriation by the Legislature, shall be expended, in
22addition to moneys budgeted for salaries of the department as set
23forth in Section 3953.
24(d) The commission shall annually direct the department to
25authorize not more than three elk hunting tags for the purpose of
26raising funds for programs and projects to benefit elk. These tags
27may be sold at auction
to residents or nonresidents of the state or
28by another method and are not subject to the fee limitation
29prescribed in subdivision (c). All revenues from sales pursuant to
30
this subdivision shall be deposited in the Big Game Management
P3 1Account established in Section 3953 and, upon appropriation by
2the Legislature, shall be expended as set forth in that section.
3(e) The commission shall direct the department to annually
4authorize one elk tag of the total number of tags available for
5issuance to nonresidents of the state.
6(f) Upon request, thebegin delete commission shall engage in consultationend delete
7begin insert department shall meetend insert with individual federally recognized Indian
8tribes inbegin delete California regarding elk management issues and may
9allocate a specific number of elk tags to a federally recognized
10Indian tribe for the purpose of harvesting elk located within the
11defined territory of that tribe for purposes of subsistence, cultural
12or religious ceremonies, or tribal celebrations. Prior to
an allocation
13of elk tags to a tribe pursuant to this section, theend delete
14including, but not limited to, tribes located within the Pacific
15northwest of California, to discuss elk-related issues for elk located
16within the territory of the individual tribe. Theend insert department shall
17work begin deletecollaborativelyend deletebegin insert collaboratively, and in good faith,end insert with the
18tribebegin delete on the development of a science-based elk management begin insert
to identify possible science-based solutions.end insert
19strategy that includes tribal harvest for cultural, ceremonial, and
20subsistence purposes.end delete
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