BILL ANALYSIS Ó AB 1792 Page 1 ASSEMBLY THIRD READING AB 1792 (Wood) As Amended May 31, 2016 Majority vote ------------------------------------------------------------------ |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 | | | | | | | | | | | | ------------------------------------------------------------------ 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 Page 4 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 Page 5 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