BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1792 (Wood) - Elk tags: federally recognized Indian tribes
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|Version: May 31, 2016 |Policy Vote: N.R. & W. 8 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 1, 2016 |Consultant: Narisha Bonakdar |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 1792 requires the Department of Fish and Wildlife
(CDFW), upon request, to meet with individual federally
recognized Indian tribes in California to discuss elk-related
issues for elk located within the territory of the individual
tribe.
Fiscal
Impact: Approximately $260,000 annually (Fish and Game
Preservation Fund) to CDFW for tribal liaisons. (See staff
comments)
Background: The CDFW manages California's fish, wildlife, and plant
resources. It also regulates hunting and sport fishing within
the state. Each year, the Fish and Game Commission (Commission)
sets license fees and take restrictions, as well as other
regulations that the CDFW implements and enforces. California
law requires that most licenses and other CDFW program fees are
set at a level sufficient to cover administrative costs.
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Under current law, an individual must obtain a hunting license
prior to taking any bird or mammal, and a fishing license prior
to taking any fish, reptiles, or amphibians. In many cases,
additional tags, validations, or enhancements are required to
take certain species or from certain areas.
Under existing law, the Commission 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, the Commission 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.
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, the Commission 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 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 implements
effective government-to-government consultation with California
Native American Tribes. The CDFW has adopted a policy on tribal
consultation which states that its purpose is to create a means
by which tribes and the CDFW can effectively work together to
realize sustainably-managed natural resources of mutual
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interest. The policy states, among other things, that the CDFW
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.
Proposed Law:
This bill:
Requires, the CDFW, upon request, to meet with individual
federally recognized Indian tribes in California
Requires the CDFW to work collaboratively, and in good faith,
with the tribe to identify possible science-based solutions.
Staff
Comments: 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. However, the current version of the bill does not
provide any guidance regarding what level of discussion is
required or what specific scientific goals will inform these
discussions. Also, no data is available regarding the number of
inquiries or requests from tribes to discuss elk related issues,
making it difficult to anticipate the level of interest in these
discussions.
The CDFW anticipates initial implementation costs of
approximately $264,000. This includes two Environmental
Scientists (one tribal liaison for each for the Northern Region
and Central Region) and one-time equipment costs. This staffing
level assumes coordinators will need to work with the tribes and
the Commission on developing the elk management plans,
conducting site visits to help determine appropriate habitat
management activities and sustainable harvest strategies, and
processing Commission and other Department documents.
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