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
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          |Author:    |Wood                   |           |                 |
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          |Version:   |May 31, 2016                                         |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Matthew Dumlao                                       |
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               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.








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          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. 








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          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.








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          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.









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          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.

          
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