BILL ANALYSIS Ó
AB 1792
Page 1
ASSEMBLY THIRD READING
AB
1792 (Wood)
As Amended May 31, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Water |10-5 |Levine, Dababneh, |Gallagher, Bigelow, |
| | |Dodd, Gordon, |Harper, Mathis, |
| | |Cristina Garcia, |Olsen |
| | |Gomez, Lopez, Medina, | |
| | |Salas, Williams | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |14-6 |Gonzalez, Bloom, |Bigelow, Chang, |
| | |Bonilla, Bonta, |Gallagher, Jones, |
| | |Calderon, Daly, |Obernolte, Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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AB 1792
Page 2
SUMMARY: Requires the Department of Fish and Wildlife (DFW),
upon request, to meet with individual federally recognized
Indian tribes in California, including but not limited to,
tribes located within the Pacific Northwest of California, to
discuss elk-related issues for elk located within the territory
of the individual tribe. Requires DFW to work collaboratively
and in good faith with the tribe to identify possible
science-based solutions.
EXISTING LAW:
1)Authorizes the Fish and Game Commission (FGC) to authorize the
taking of elk, and to determine and fix the area, season,
hours, bag and possession limits, and number of elk that may
be taken. Authorizes DFW to issue an elk tag upon payment of
a fee. Requires a hunting license and payment of a fee to
obtain an elk tag, which is then allocated by lottery, for the
taking of an elk.
2)Requires DFW to develop a statewide elk management plan that
emphasizes maintaining sufficient elk populations in
perpetuity while considering specified factors.
3)Provides that notwithstanding any other provision of law, the
provisions of the Fish and Game Code are not applicable to
California Indians whose names are inscribed upon the tribal
rolls, while on the reservation of that tribe and under those
circumstances where the code was not applicable to them
immediately before the effective date of a specific federal
law enacted in 1953. Provides that no Indian to whom that
section applies shall be prosecuted for a violation of any
provision of the Fish and Game Code occurring in the places
and under the circumstances described, but further provides
that nothing in that section prohibits or restricts the
prosecution of an Indian for violation of a provision of the
AB 1792
Page 3
Fish and Game Code prohibiting the sale of a bird, mammal,
fish, amphibian, or reptile.
4)Authorizes the Yurok Tribe to take fish from the Klamath River
for subsistence purposes. Authorizes Native Americans whose
ancestors originated in an area adjacent to two specific
stretches of the Klamath and Trinity Rivers to engage in
traditional gathering activities, including fish and other
natural foods and materials for regalia and ceremonial
purposes. Provides that Indians taking fish and game under
that section shall do so in accordance with rules and
regulations of the FGC and under permit issued by the DFW.
5)Requires as part of the California Environmental Quality Act
(CEQA) that the lead agency for a proposed project consult
with California Native American tribes that are traditionally
and culturally affiliated with the geographic area of a
proposed project if requested.
FISCAL EFFECT: Potential, likely absorbable costs of less than
$150,000 per year.
COMMENTS: This bill was introduced in response to concerns
raised by Native American tribal members regarding access to elk
tags and management of elk on tribal territories. The initial
version of this bill would have required that a specific number
of elk tags, as determined by the FGC, be allocated to
federally-recognized Native American tribes in California. As
amended, this bill instead requires the DFW, upon request, to
meet with individual tribes to discuss elk-related issues, and
to work collaboratively and in good faith with the tribe to
AB 1792
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identify possible science-based solutions.
Background information provided by the author indicates that elk
are interwoven within the ancient traditions of Native
Americans, but that obtaining elk tags have been difficult for
many tribes. Right now, tribal members and hunters who want an
elk tag purely for game, have to go through the same process to
obtain an elk tag before permission is granted to take elk.
Fishing for salmon is an integral part of tribal culture and
tribes have entered into treaties with the federal government
that reserve the tribes' hunting and fishing rights for salmon.
Elk are much like salmon when it comes to the traditions of
Native Americans, but elk do not have the same designation as
salmon. According to the author, this bill is a small step
forward in guaranteeing that tribes have the ability to obtain
elk for traditional and ceremonial purposes.
The DFW indicates that it is in the process of developing a
statewide management plan for elk that has not yet been
completed. According to the DFW's website, the goals of DFW's
current elk management program are to maintain healthy elk
herds, reestablish elk in suitable historic range, provide
public educational and recreational opportunities involving elk,
and to alleviate conflicts involving elk on private property.
Background information provided by the Tolowa Dee-ni' Nation and
the Karuk Tribe note that both tribes have a long history of
using elk as a food source and for cultural and ceremonial
purposes. Although the habitats of several elk herds lie within
their tribal territories, tribal members for the most part do
not participate in the hunt and compete for elk tags because the
regulatory process is seen as diminishing tribal sovereignty.
AB 1792
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Both tribes expressed an interest in working with the state on
cooperative approaches to elk management on tribal lands.
In 2011 Governor Brown issued Executive Order B-10-11, which
provides, among other things, that it is the policy of the
administration that every state agency and department shall
implement effective government-to-government consultation with
California Indian Tribes. The FGC has adopted a policy on
tribal consultation which states that its purpose is to create a
means by which tribes and the FGC can effectively work together
to realize sustainably-managed natural resources of mutual
interest. Among other things, the policy states that the FGC
will collaborate with tribes on areas or subjects of mutual
interest and pursue partnerships with tribes to collaborate on
solutions tailored to each tribe's unique needs and capacity.
Analysis Prepared by:
Diane Colborn / W., P., & W. / (916) 319-2096
FN:
0003300