BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1792


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          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


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          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


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            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  








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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.   








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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