BILL ANALYSIS Ó SENATE COMMITTEE ON NATURAL RESOURCES AND WATER Senator Fran Pavley, Chair 2015 - 2016 Regular Bill No: AB 1792 Hearing Date: June 28, 2016 ----------------------------------------------------------------- |Author: |Wood | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |May 31, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Matthew Dumlao | | | | ----------------------------------------------------------------- Subject: Elk tags: federally recognized Indian tribes BACKGROUND AND EXISTING LAW The California Department of Fish and Wildlife (CDFW) is responsible for managing hunting and sport fishing within the state. Current law requires CDFW to issue hunting licenses to take birds or mammals and a fishing license to take fish, reptiles, or amphibians. In many cases, the license is the minimum level of certification a hunter or angler needs to take an animal. For some birds and mammals, including elk, CDFW issues tags to allow hunters to take specific animals from certain areas. Each year, the total number of tags issued by CDFW for each animal as well as the number of tags each licensee is eligible to receive is restricted. Similarly, CDFW requires report cards, stamps, or validations for certain fish and regions. Under existing law, the Fish and Game Commission (FGC) is authorized to regulate the taking of elk, and to determine the area, season, hours, bag and possession limits, and number of elk that may be taken. Furthermore, FGC may authorize the take of tule elk (a subspecies of elk found only in California) if population estimates exceed 2,000 animals, or the Legislature determines, based on reports prepared by CDFW, that suitable areas cannot be found in the state to accommodate that population in a healthy condition. AB 1792 (Wood) Page 2 of ? Money from an elk tag fee is deposited in the Big Game Management Account within the Fish and Game Preservation Fund. The current elk tag fee is $445.35 for residents and $1,361.20 for nonresidents. In addition, FGC is required by law to authorize no more than three tags annually to be sold at auction for purposes of raising funds for programs and projects to benefit elk. Also, only one elk tag may be sold annually to nonresidents. In 2015, a total of 356 elk tags were given out through a lottery drawing. According to CDFW's website, the goals of CDFW's 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. According to background information provided by the author, elk are an integral part of Native American traditions. Currently, tribal members and hunters who want an elk tag purely for game have to go through the same process to obtain an elk tag. This is in contrast to fishing for salmon, which also has cultural significance for many tribes. Many tribes have entered into treaties with the federal government that reserve the tribes' hunting and fishing rights for salmon. 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 Native American 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. The policy states, among other things, that the FGC will collaborate on solutions tailored to each tribe's unique needs and capacity. The specific nature of the collaborations can range from informal information sharing, to a memorandum of understanding, to co-management with specific responsibilities and authorities. AB 1792 (Wood) Page 3 of ? PROPOSED LAW This bill would require CDFW, upon request, to meet with individual federally recognized Native American 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. Furthermore, the bill would require CDFW to work collaboratively and in good faith with the tribe to identify possible science-based solutions. ARGUMENTS IN SUPPORT In support of this bill, the author states: "AB 1792 will require the California Department of Fish and Wildlife to meet with tribes to discuss elk related issues and come up with science based solutions. Elks are one of the many fundamental cornerstones interwoven within a tribe's heritage. Native Americans use elk in funeral preparations, honoring elders of a tribe, and many other cultural celebrations. 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. Elks are very much like salmon when it comes to the traditions of Native Americans, but elks do not have the same designation as salmon. AB 1792 is a small step forward in addressing this disparity." ARGUMENTS IN OPPOSITION None received. COMMENTS Elk in California Three subspecies of elk live in California: Roosevelt elk (Cervus elaphus roosevelti), Rocky Mountain elk (Cervus elaphus nelsoni), and Tule elk (Cervus elaphus nannodes). The Tule elk are the smallest of the elk species in North America and are endemic to California. As many as 500,000 Tule elk are believed to have inhabited the state prior to the 1800s, when they were hunted almost to extinction. A law passed in 1873 protected the last remaining Tule elk, which were protected on one ranch. Various relocation efforts over the years have met with mixed success. In 2010, CDFW estimated in an environmental impact report (EIR) on elk hunting that there were at least 3,900 Tule elk statewide in 22 separate herds. AB 1792 (Wood) Page 4 of ? According to the CDFW 2010 EIR, Roosevelt elk were once distributed widely throughout northern California. According to the National Park Service, Roosevelt elk historically ranged from the San Francisco Bay Area to Vancouver, British Colombia in large numbers. Today they can be found from Humboldt County, California to Vancouver Island, British Columbia. Nearly extinct by 1925, the number of Roosevelt elk in California had dropped to as few as 15. One of the last Roosevelt elk herds was located in Prairie Creek Redwoods State Park in northern California. Protection of habitat in the park and surrounding areas has allowed the California Roosevelt elk population to rebound. CDFW estimated in 2010 that the population of Roosevelt elk in California was about 4,500. Rocky Mountain elk are native to the Rocky Mountains. According to the CDFW 2010 EIR, it is unclear whether Rocky Mountain elk occupied California prior to the arrival of Europeans. In 2010 there were four populations in California, with a total estimated population of 1,500 - 2,000. A population in the Warner Mountains in Modoc County in northeastern California arrived through natural migration from Oregon to California. Two smaller populations in southern California and one near Redding were established through translocation efforts. What is the goal of this bill? In the original version of this bill, a specific number of elk tags would have been allocated to federally-recognized Native American tribes in California. The bill was subsequently amended to instead require CDFW to meet, upon request, with individual federally recognized Indian tribes to discuss elk-related issues and to identify possible science-based solutions. The bill does not provide any guidance for how long those conversations should take, what the outcome of the conversations will be, or what specific scientific goals will inform these discussions. Prior and related legislation AB 52 (Gatto), Chapter 532, Statutes of 2014, required lead agencies under CEQA to begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of a proposed project if requested. AB 1792 (Wood) Page 5 of ? SB 685 (Evans) of 2011 proposed to authorize Native American tribes to submit proposals for co-management of marine species within marine protected areas designated under the Marine Life Protection Act. That bill died in the Senate Natural Resources and Water Committee. AB 1729 (Water, Parks, and Wildlife Committee), Chapter 285 Statutes of 2007, among other changes, revised and clarified provisions allowing a member of a Native American tribe to possess certain feathers, as defined, for tribal, spiritual, or cultural purposes. SUPPORT Northern California Tribal Chairman's Association, including the following tribes: Tolowa Dee-ni' Nation (Sponsor) Bear River Band Roherville Big Lagoon Rancheria Blue Lake Rancheria Elk Valley Rancheria Hoopa Valley Tribe Karuk Tribe Pitt River Tribe Quartz Valley Redding Rancheria Resighini Rancheria Susanville Rancheria Trinidad Rancheria Wiyot Tribe OPPOSITION None received. -- END --