Senate BillNo. 1191

Introduced by Senator Berryhill

February 18, 2016

An act to add Chapter 14 (commencing with Section 2950) to Division 3 of the Fish and Game Code, relating to fish and wildlife.


SB 1191, as introduced, Berryhill. Fish and wildlife: management plans.

The California Constitution provides for the delegation to the Fish and Game Commission powers relating to the protection and propagation of fish and game. Existing statutory law delegates to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles in accordance with prescribed laws. Under existing law, the Department of Fish and Wildlife exercises various functions with regard to the taking of fish and wildlife. Under existing law, a violation of the Fish and Game Code or of any rule, regulation, or order made or adopted under the code is a crime.

Existing law, enacted as part of the Marine Life Management Act of 1998, generally establishes a comprehensive plan for the management of marine life resources. Existing law requires the Department of Fish and Wildlife to develop, and submit to the Fish and Game Commission for its approval, a fishery management master plan, and provides for the preparation and approval of fishery management plans, which form the primary basis for managing California’s sport and commercial marine fisheries. Existing law authorizes regulations that the commission adopts to implement a fishery management plan or plan amendment for that fishery to make inoperative, in regard to that fishery, any fishery management statute that applies to that fishery.

This bill would establish a substantially similar process for the management of wildlife resources on land and the inland waters of the state. The bill would require the department to develop and submit, on or before September 1, 2018, to the Fish and Game Commission for its approval, a wildlife resources master plan, and would provide for the preparation and approval of wildlife management plans, which would form the primary basis for managing these wildlife resources. The bill would authorize regulations that the commission adopts to implement a wildlife management plan or amendment to make inoperative, in regard to the resource, any wildlife management statute that applies to the resource. Because a violation of a regulation adopted by the commission would be a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1


Chapter 14 (commencing with Section 2950) is
2added to Division 3 of the Fish and Game Code, to read:


4Chapter  14. Conservation and Management of Wildlife
5on Land and Inland Waters


7Article 1.  General Policies




(a) The Legislature finds and declares that the wild lands
10of California and its rich wildlife resources are of great
11environmental, economic, aesthetic, recreational, educational,
12scientific, nutritional, social, and historic importance to the people
13of California.

14(b) It is the policy of the state to ensure the conservation,
15sustainable use, and, where feasible, restoration of California’s
16wildlife resources for the benefit of all the citizens of the state.
17The objective of this policy is to accomplish all of the following:

P3    1(1) Conserve the health and diversity of ecosystems and wildlife

3(2) Allow and encourage only those activities and uses of
4wildlife resources that are sustainable.

5(3) Recognize the importance of the aesthetic, educational,
6scientific, and recreational uses that do not involve the taking of
7California’s wildlife resources.

8(4) Recognize the importance to the economy and the culture
9of California sport hunting and fishing consistent with the wildlife
10resource conservation policies of this chapter.

11(5) Support and promote scientific research on ecosystems and
12their components to develop better information on which to base
13wildlife resource management decisions.

14(6) Manage wildlife resources on the basis of the best available
15scientific information and other relevant information that the
16commission or department possesses or receives.

17(7) Involve all interested parties, including, but not limited to,
18individuals from the sport hunting and fishing communities,
19landowners, tourism and recreation industries, wildlife conservation
20organizations, local governments, wildlife scientists, and the public,
21in wildlife resource management decisions.

22(8) Promote the dissemination of accurate information
23concerning the condition of, or management of, wildlife resources
24by seeking out the best available information and making it
25available to the public through the wildlife resources management

27(9) Coordinate and cooperate with adjacent states, as well as
28with Mexico and Canada, and encourage regional approaches to
29management of activities and uses that affect wildlife resources.
30Particular attention shall be paid to coordinated approaches to the
31management of shared wildlife resources.

32(c) The Legislature hereby recognizes the heritage and cultural
33significance of hunting and fishing in California. The commission
34and department shall, to the extent possible, assist in perpetuating
35and supporting that heritage through policies and regulations,
36including, but not limited to, educating the public about the
37substantial food, economic, wildlife conservation, wildlife
38management, and other public benefits of hunting and fishing.



(a) A regulation adopted pursuant to this chapter applies
40only to the lands and inland waters of the state not governed
P4    1pursuant to Part 1.7 (commencing with Section 7050) of Division

3(b) The policies in this chapter apply only to wildlife
4management plans and regulations adopted by the commission on
5or after January 1, 2017. No power is delegated to the commission
6or the department by this chapter to regulate wildlife resources
7other than wildlife resources for which the commission or
8department had regulatory authority prior to January 1, 2017.


10Article 2.  Wildlife Management Generally




(a) The Legislature finds and declares that it is the policy
13of the state that:

14(1) California’s hunting and fishing programs, and the resources
15upon which they depend, are important to the people of the state
16and, to the extent practicable, shall be managed in accordance with
17the policies and other requirements of this chapter in order to
18ensure the long-term economic, recreational, ecological, cultural,
19and social benefits of those wildlife resources and the wildlife
20habitats on which they depend.

21(2) Programs for the conservation and management of the
22wildlife resources of California shall be established and
23administered to prevent overharvest, to rebuild depressed
24 populations, to ensure conservation, to facilitate long-term
25protection and, where feasible, restoration of wildlife habitats, and
26to achieve the sustainable use and enjoyment of the state’s wildlife

28(3) Where a species is the object of hunting or fishing, a
29sufficient resource shall be maintained to support a reasonable
30sport use, taking into consideration the necessity of regulating
31individual programs at a level that is sufficient to provide a
32satisfying sport.

33(4) Hunters and anglers have historically provided the most
34significant source of funding for game species conservation efforts,
35hunting and fishing programs, and the management activities of
36the department’s state wildlife areas through hunting and fishing
37licenses, stamps and validations, as well as sporting arms and
38munitions excise taxes generated through the federal
39Pittman-Robertson Wildlife Restoration Act (16 U.S.C. Sec. 669
40et seq.). The department shall pursue funding sufficient to cover
P5    1the costs of non-hunting and fishing programs and nongame

3(b) In order to achieve the primary wildlife management goal
4of sustainability, every hunting and fishing resource under the
5jurisdiction of the state shall be managed under a system whose
6objectives include all of the following:

7(1) The hunting or fishing program is conducted sustainably so
8that long-term health of the resource is not sacrificed in favor of
9short-term benefits.

10(2) The health of wildlife habitat is maintained and, to the extent
11feasible, habitat is restored and, where appropriate, is enhanced.

12(3) Depressed wildlife resources are rebuilt to the highest
13sustainable yields consistent with environmental and habitat

15(4) The wildlife management system allows hunting and fishing
16participants to propose methods to prevent or reduce excess effort
17relative to sustainable levels.

18(5) Management of a species that is the target of both sport and
19commercial activities shall be closely coordinated.

20(6) Wildlife management decisions are adaptive and are based
21on the best available scientific information and other relevant
22information that the commission or department possesses or
23receives, and the commission and department have available to
24them essential resource information on which to base their

26(7) The management decisionmaking process is open and seeks
27the advice and assistance of interested parties so as to consider
28relevant information, including local knowledge.

29(8) The wildlife management system supports the long-term
30interests of people dependent on hunting and fishing for food,
31livelihood, or recreation.

32(9) Any adverse impacts of wildlife management on small-scale
33wildlife resources, communities, and local economies are
34minimized, to the extent practical.

35(10) Collaborative and cooperative approaches to management,
36involving participants, wildlife scientists, and other interested
37parties are strongly encouraged, and appropriate mechanisms are
38in place to resolve disputes such as access, allocation, and gear

P6    1(11) The management system is proactive and responds quickly
2to changing environmental conditions or other socioeconomic
3factors and to the concerns of resource participants.

4(12) The management system is periodically reviewed for
5effectiveness in achieving sustainability goals and for fairness and
6reasonableness in its interaction with people affected by



Any wildlife management regulation adopted by the
9commission shall, to the extent practicable, conform to the policies
10of Section 2955.



(a) The Legislature finds and declares all of the

13(1) Successful wildlife management is a collaborative process
14that requires a high degree of ongoing communication and
15participation of all those involved in the management process,
16particularly the commission, the department, and those who
17represent the people and resources that will be most affected by
18wildlife management decisions, especially hunting and fishing
19participants and other interested parties.

20(2) In order to maximize the wildlife science expertise applied
21to the complex issues of wildlife management, the commission
22and the department are encouraged to continue to, and to find
23creative new ways to, contract with or otherwise effectively involve
24wildlife scientists, economists, collaborative factfinding process
25and dispute resolution specialists, and others with the necessary
26expertise at colleges, universities, private institutions, and other

28(3) The benefits of the collaborative process required by this
29section apply to most wildlife management activities including,
30but not limited to, the development and implementation of research
31plans, wildlife managed area plans, wildlife management plans,
32and plan amendments, and the preparation of status reports such
33as those required by Section 2965.

34(4) Because California is a large state and because travel is time
35consuming and costly, the involvement of interested parties shall
36be facilitated, to the extent practicable, by conducting meetings
37and discussions in the areas where those most affected are

39(b) In order to fulfill the intent of subdivision (a), the
40commission and the department shall do all of the following:

P7    1(1) Periodically review wildlife management operations with a
2view to improving communication, collaboration, and dispute
3resolution, seeking advice from interested parties as part of the

5(2) Develop a process for the involvement of interested parties
6and for factfinding and dispute resolution processes appropriate
7to each element in the wildlife management process.

8(3) Consider the appropriateness of various forms of wildlife
9resources co-management, which involves close cooperation
10between the department and participants, when developing and
11implementing wildlife management plans.

12(4) When involving participants in the management process,
13give particular consideration to various gear type users, if any, in
14order to ensure adequate involvement.



If there is a conflict between humans and wildlife,
16hunting, fishing, and other activities that facilitate public use and
17enjoyment of wildlife resources and generate revenue or otherwise
18support wildlife conservation purposes shall, where feasible, be
19the preferred means of managing wildlife resources.



(a) The Legislature finds and declares that for the
21purposes of sustainable wildlife management and this chapter,
22essential resource information is necessary for federally and
23state-managed wildlife resources important to the people of this
24state to provide sustainable economic and recreational benefits to
25the people of California. The Legislature further finds and declares
26that acquiring essential resource information can best be
27accomplished through the ongoing cooperation and collaboration
28of participants in wildlife resources.

29(b) The department, to the extent feasible, shall conduct and
30support research to obtain essential resource information for all
31wildlife resources managed by the state.

32(c) The department, to the maximum extent practicable and
33consistent with Section 2957, shall encourage the participation of
34hunters and anglers in wildlife resources research within a
35framework that ensures the objective collection and analysis of
36data, research design, and in carrying out research.

37(d) The department may apply for grants to conduct research
38and may enter into contracts or issue competitive grants to public
39or private research institutions to conduct research.

P8    1


The commission’s policies and regulations shall
2recognize and support the principles of the North American
3Wildlife Conservation Model, which include the following

5(a) Wildlife as a public trust resource. Wildlife is held in the
6public trust through state and federal governments. Though an
7individual may own the land upon which wildlife resides, that
8individual does not own the wildlife. Instead, the wildlife is owned
9by all citizens.

10(b) The elimination of markets for game. Commercial hunting
11and the sale of wildlife is generally prohibited to ensure the
12sustainability of wildlife populations. This principle holds that
13unregulated economic markets for game and nongame wildlife are
14 unacceptable because they privatize a common resource and
15generally lead to declines.

16(c) The allocation of wildlife by law. Wildlife is allocated to
17the public by law, as opposed to market principles, land ownership,
18or other status. Democratic processes and public input into
19lawmaking help ensure access is equitable.

20(d) Wildlife should only be taken for a legitimate purpose. The
21killing of game should be done primarily for food, fur, self-defense,
22and the protection of property, including livestock and crops. A
23reasonable effort must be made to retrieve and make use of the

25(e) Wildlife recognized as an international resource. As wildlife
26do not exist only within fixed political boundaries, effective
27management of these resources must be done internationally,
28through treaties and the cooperation of management agencies.

29(f) Science is the proper tool for discharge of wildlife policy.
30Science and the input of wildlife professionals are the basis for
31informed management and decisionmaking processes. Science in
32wildlife policy includes studies of population dynamics, behavior,
33habitat, adaptive management, and national surveys of hunting
34and fishing.

35(g) Democracy of hunting and fishing. Every citizen in good
36standing has an opportunity, under the law, to hunt and fish.



(a) The department shall establish a program for external
38peer review of the scientific basis of wildlife resources management
39documents. The department, in its discretion and unless otherwise
40required by this chapter, may submit to peer review documents
P9    1that include, but are not limited to, wildlife management plans and
2plan amendments and wildlife resource research plans.

3(b) The department may enter into an agreement with one or
4more outside entities that are significantly involved with
5researching and understanding wildlife resources and are not
6advocacy organizations. These entities may include, but not be
7limited to, the University of California, the California State
8University, the Pacific Flyway Council, or any other entity
9approved by the commission to select and administer peer review
10panels, as needed. The peer review panels shall be composed of
11individuals with technical expertise specific to the document to be
12reviewed. The entity with which the department enters into an
13agreement for a peer review shall be responsible for the scientific
14integrity of the peer review process. Each peer reviewer may be
15compensated as needed to ensure competent peer review. Peer
16reviewers shall not be employees or officers of the department or
17the commission and shall not have participated in the development
18of the document to be reviewed.

19(c) The external peer review entity, within the timeframe and
20budget agreed upon by the department and the external scientific
21peer review entity, shall provide the department with the written
22report of the peer review panel that contains an evaluation of the
23scientific basis of the document. If the report finds that the
24department has failed to demonstrate that a scientific portion of
25the document is based on sound scientific knowledge, methods,
26and practices, the report shall state that finding and the reasons for
27the finding. The department may accept the finding, in whole or
28in part, and may revise the scientific portions of the document
29accordingly. If the department disagrees with any aspect of the
30finding of the external scientific peer review, it shall explain, and
31include as part of the record, its basis for arriving at that
32determination in the analysis prepared for the adoption of the final
33document, including the reasons why it has determined that the
34scientific portions of the document are based on sound scientific
35knowledge, methods, or practice. The department shall submit the
36external scientific peer review report to the commission with any
37peer reviewed document that is to be adopted or approved by the

P10   1(d) The requirements of this section do not apply to any
2emergency regulation adopted pursuant to subdivision (b) of
3Section 11346.1 of the Government Code.

4(e) Nothing in this section shall be interpreted, in any way, to
5limit the authority of the commission or department to adopt a plan
6or regulation.


8Article 3.  Commission and Department




(a) The director shall report annually in writing to the
11commission on the status of wildlife resources managed by the
12state. The date of the report shall be chosen by the commission
13with the advice of the department. Each annual report shall cover
14wildlife resources managed by the state on a schedule agreed upon
15by the commission and department so that all managed wildlife
16resources will be reported on at least once every decade. The
17department shall involve expertise from outside the department in
18compiling information for the report, which may include, but need
19not be limited to, other wildlife scientists, resource participants,
20and other interested parties.

21(b) For each wildlife resource reported on in an annual report,
22the report shall include information on take, effort, and areas where
23the effort occurs and other factors relevant to the resource.

24(c) Notwithstanding subdivision (a), the first annual report shall
25be presented to the commission on or before January 1, 2020, and
26shall cover the ten most popular wildlife resources managed by
27the state. To the extent that the requirements of this section and
28Section 2973 are duplicative, the first annual report may be
29combined with the plan required pursuant to Section 2973.



(a) The Legislature finds and declares that a number of
31human-caused and natural factors can affect the health of wildlife
32resources and result in wildlife resources that do not meet the
33policies and other requirements of this chapter.

34(b) To the extent feasible, the director’s report to the commission
35pursuant to Section 2965 shall identify any wildlife resource that
36does not meet the sustainability policies of this chapter. In the case
37of a resource identified as being depressed, the report shall indicate
38the causes of the depressed condition, describe steps being taken
39to rebuild the resource, and, to the extent practicable, recommend
40additional steps to rebuild.

P11   1(c) The director’s report to the commission pursuant to Section
22965, consistent with paragraph (12) of subdivision (b) of Section
32955, shall evaluate the management system and may recommend
4modifications of that system to the commission.


6Article 4.  Wildlife Management Plans--General Policies




The Legislature finds and declares that the critical need
9to conserve, utilize, and manage the state’s wildlife resources and
10to meet the policies and other requirements stated in this chapter
11require that the state’s wildlife resources be managed by means
12of wildlife management plans.



In the case of any resource for which the commission
14has management authority, regulations that the commission adopts
15to implement a wildlife management plan or plan amendment for
16that resource may make inoperative, in regard to that resource, any
17wildlife management statute that applies to that resource, including,
18but not limited to, statutes that govern allowable take, permit
19programs, fees, and time, area, and methods of taking.



(a) Wildlife management plans shall form the primary
21basis for managing California’s wildlife resources.

22(b) Wildlife management plans shall be based on the best
23scientific information that is available, on other relevant
24information that the department possesses, or on the scientific
25information or other relevant information that can be obtained
26without substantially delaying the preparation of the plan.

27(c) To the extent that conservation and management measures
28in a wildlife management plan either increase or restrict the overall
29harvest, wildlife management plans shall allocate those increases
30or restrictions fairly among user groups and ensure a reasonable
31level of hunting and fishing opportunity on public lands and waters.



(a) On or before September 1, 2018, the department
33shall submit to the commission for its approval a master plan that
34specifies the process and the resources needed to prepare, adopt,
35and implement wildlife management plans for wildlife resources
36managed by the state. Consistent with Section 2957, the master
37plan shall be prepared with the advice, assistance, and involvement
38of participants in the various wildlife resources and their
39representatives, wildlife conservationists, wildlife scientists, and
40other interested persons.

P12   1(b) The master plan shall include all of the following:

2(1) A list identifying the wildlife resources managed by the
3state, with individual wildlife resources assigned to wildlife
4management plans as determined by the department according to
5conservation and management needs and consistent with paragraph
6(5) of subdivision (b) of Section 2955.

7(2) A priority list for preparation of wildlife management plans.
8Highest priority shall be given to wildlife resources that the
9department determines have the greatest need for changes in
10conservation and management measures in order to comply with
11the policies and requirements set forth in this chapter. Wildlife
12resources for which the department determines that current
13management complies with the policies and requirements of this
14chapter shall be given the lowest priority.

15(3) A description of the research, monitoring, and data collection
16activities that the department conducts for wildlife resources and
17of any additional activities that might be needed for the department
18to acquire essential wildlife information, with emphasis on the
19higher priority wildlife resources identified pursuant to paragraph

21(4) A process consistent with Section 2957 that ensures the
22opportunity for meaningful involvement in the development of
23wildlife management plans and research plans by participants and
24their representatives, wildlife scientists, and other interested parties.

25(5) A process for periodic review and amendment of the master

27(c) The commission shall adopt or reject the master plan or
28master plan amendment, in whole or in part, after a public hearing.
29If the commission rejects a part of the master plan or master plan
30amendment, the commission shall return that part to the department
31for revision and resubmission pursuant to the revision and
32resubmission procedures for wildlife management plans as
33described in subdivision (a) of Section 2975.



(a) The department shall prepare interim research
35protocols for at least the three highest priority wildlife resources
36identified pursuant to paragraph (2) of subdivision (b) of Section
372973. An interim protocol shall be used by the department until a
38wildlife management plan is implemented for that resource.

39(b) Consistent with Section 2957, each protocol shall be prepared
40with the advice, assistance, and involvement of participants in the
P13   1various wildlife resources and their representatives, wildlife
2conservationists, wildlife scientists, and other interested persons.

3(c) Interim protocols shall be submitted to peer review as
4described in Section 2962 unless the department, pursuant to
5subdivision (d), determines that peer review of the interim protocol
6is not justified. For the purpose of peer review, interim protocols
7may be combined in the following circumstances:

8(1) For related wildlife resources.

9(2) For two or more interim protocols that the commission
10determines will require the same peer review expertise.

11(d) The commission, with the advice of the department, shall
12adopt criteria to be applied in determining whether an interim
13protocol may be exempted from peer review.


15Article 5.  Wildlife Management Plan Preparation, Approval,
16and Regulations




(a) The department shall prepare wildlife management
19plans and plan amendments, including any proposed regulations
20necessary to implement plans or plan amendments, to be submitted
21to the commission for adoption or rejection. Prior to submitting a
22plan or plan amendment, including any proposed regulations
23necessary for implementation, to the commission, the department
24shall submit the plan to peer review pursuant to Section 2962,
25unless the department determines that peer review of the plan or
26plan amendment may be exempted pursuant to subdivision (c). If
27the department makes that determination, it shall submit its reasons
28for that determination to the commission with the plan. If the
29commission rejects a plan or plan amendment, including proposed
30regulations necessary for implementation, the commission shall
31return the plan or plan amendment to the department for revision
32and resubmission together with a written statement of reasons for
33the rejection. The department shall revise and resubmit the plan
34or plan amendment to the commission within 90 days of the
35rejection. The revised plan or plan amendment is subject to the
36review and adoption requirements of this article.

37(b) The department may contract with qualified individuals or
38organizations to assist in the preparation of wildlife management
39plans or plan amendments.

P14   1(c) The commission, with the advice of the department and
2consistent with Section 2957, shall adopt criteria to be applied in
3determining whether a plan or plan amendment may be exempted
4from peer review.

5(d) Participants and their representatives, scientists, or other
6interested parties may propose plan provisions or plan amendments
7to the department or commission. The commission shall review
8any proposal submitted to the commission and may recommend
9to the department that the department develop a wildlife
10management plan or plan amendment to incorporate the proposal.



(a) To the extent practicable, and consistent with Section
122957, the department shall seek advice and assistance in developing
13a wildlife management plan from hunting and fishing interests,
14landowners, other participants in the affected resource, scientists,
15and other interested parties. The department shall also seek the
16advice and assistance of other persons or entities that it deems
17appropriate, which may include, but is not limited to, the United
18States Fish and Wildlife Service and any advisory committee of
19the department.

20(b) In the case of a wildlife management plan or a plan
21amendment that is submitted to peer review, the department shall
22provide the peer review panel with any written comments on the
23plan or plan amendment that the department has received from
24participants and other interested parties.



A wildlife management plan or plan amendment, or
26proposed regulations necessary for implementation of a plan or
27plan amendment, developed by the department shall be available
28to the public for review at least 30 days prior to a hearing on the
29management plan or plan amendment by the commission. Persons
30requesting to be notified of the availability of the plan shall be
31notified in sufficient time to allow them to review and submit
32comments at or prior to a hearing. Proposed plans and plan
33amendments and hearing schedules and agendas shall be posted
34on the commission and department’s Internet Web site.



(a) The commission shall hold at least two public
36hearings on a wildlife management plan or plan amendment prior
37to the commission’s adoption or rejection of the plan.

38(b) The plan or plan amendment shall be heard not later than
3960 days following receipt of the plan or plan amendment by the
40commission. The commission may adopt the plan or plan
P15   1amendment at the second public hearing, at the commission’s
2meeting following the second public hearing, or at any duly noticed
3subsequent meeting, subject to subdivision (c).

4(c) When scheduling the location of a hearing or meeting relating
5to a wildlife management plan or plan amendment, the commission
6shall consider factors, including, among other factors, the area of
7the state, if any, where participants are concentrated.

8(d) Prior to the adoption of a wildlife management plan or plan
9amendment that would make inoperative a statute, the commission
10shall provide a copy of the plan or plan amendment to the
11Legislature for review by the appropriate policy committee in each
12house of the Legislature.

13(e) The commission shall adopt any regulations necessary to
14implement a wildlife plan or plan amendment no more than 60
15days following adoption of the plan or plan amendment. All
16implementing regulations adopted under this subdivision shall be
17adopted as a regulation pursuant to the rulemaking provisions of
18the Administrative Procedure Act (Chapter 3.5 (commencing with
19Section 11340) of Part 1 of Division 3 of Title 2 of the Government
20Code). The commission’s adoption of regulations to implement a
21wildlife management plan or plan amendment shall not trigger an
22additional review process under the California Environmental
23Quality Act (Division 13 (commencing with Section 21000) of
24the Public Resources Code).

25(f) Regulations adopted by the commission to implement a plan
26or plan amendment shall specify any statute or regulation of the
27commission that is to become inoperative as to the particular
28resources. The list shall designate each statute or regulation by
29individual section number, rather than by reference to articles or


32Article 6.  Contents of Wildlife Management Plans




Consistent with subdivision (b) of Section 2972, each
35wildlife management plan prepared by the department shall
36summarize readily available information about the resource,
37including, but not limited to, all of the following:

38(a) The species of wildlife and their location, number of
39participants involved, effort, and a history of conservation and
40management measures affecting the resource.

P16   1(b) The natural history and population dynamics of the target
2species and the effects of changing environmental conditions on
3the target species.

4(c) The habitat for the resource and known threats to the habitat.

5(d) The ecosystem role of the target species and the relationship
6of the resource to the ecosystem role of the target species.

7(e) Economic, social, and cultural factors related to the public
8use of the resource.



Consistent with subdivision (b) of Section 2972, each
10wildlife management plan or plan amendment prepared by the
11department shall include a research protocol that does all of the

13(a) Describes past and ongoing monitoring of the resource.

14(b) Identifies essential information for the resource, including,
15but not limited to, the resources and time necessary to acquire the

17(c) Indicates the steps the department shall take to monitor the
18resource and to obtain essential information, including the data
19collection and research methodologies, on an ongoing basis.



Each wildlife management plan or plan amendment
21prepared by the department shall contain the measures necessary
22and appropriate for the conservation and management of the
23resource according to the policies and other requirements in this



(a) Each wildlife management plan prepared by the
26department shall incorporate the existing conservation and
27management measures provided in this code that are determined
28by the department to result in a sustainable resource.

29(b) If additional conservation and management measures are
30included in the plan, the department shall, consistent with
31subdivision (b) of Section 2972, summarize anticipated effects of
32those measures on relevant resource populations and habitats, on
33participants, and on communities and businesses that rely on the



Consistent with subdivision (b) of Section 2972, each
36wildlife management plan or plan amendment prepared by the
37department for a resource that the department has determined has
38adverse effects on wildlife habitat shall include measures that, to
39the extent practicable, minimize those effects.

P17   1


(a) Consistent with subdivision (b) of Section 2972,
2each wildlife management plan or plan amendment prepared by
3the department shall specify criteria for identifying when the
4resource is overutilized.

5(b) In the case of a resource that has been determined to be
6overutilized or in which overuse is occurring, the wildlife
7management plan shall contain measures to prevent, end, or
8otherwise appropriately address overuse and to rebuild the resource.

9(c) Any wildlife management plan, plan amendment, or
10regulation prepared pursuant to subdivision (b), shall do both of
11the following:

12(1) Specify a time period for preventing or ending or otherwise
13appropriately addressing overuse and rebuilding the resource that
14shall be as short as possible, and shall not exceed 10 years except
15in cases where the biology of the population or other environmental
16conditions dictate otherwise.

17(2) Allocate both overuse restrictions and recovery benefits
18fairly and equitably among sectors of the resource.



(a) Each wildlife management plan prepared by the
20department shall include a procedure for review and amendment
21of the plan, as necessary.

22(b) Each wildlife management plan or plan amendment prepared
23by the department shall specify the types of regulations that may
24be adopted without a plan amendment.



Each wildlife management plan and plan amendment
26shall include a list of any statutes and regulations that shall become
27inoperative, as to the particular resource covered by the wildlife
28management plan or plan amendment, upon the commission’s
29adoption of implementing regulations for that wildlife management
30plan or plan amendment.


32Article 7.  Commission Responsibility to Provide Hunting and
33Fishing Opportunities




(a) To the extent practicable, the policies and regulations
36adopted by the commission shall support access and opportunity
37for the public to engage in the broadest array of hunting and fishing
38activities, consistent with the best available science and sustainable
39use of wildlife resources.

P18   1(b) Unless otherwise authorized by this code, when authorizing
2an open season on a game fish, game bird, or game mammal
3species, the commission shall ensure either of the following:

4(1) At least some public lands or waters are open for the take
5of that species during the authorized season.

6(2) A reasonable level of public access for hunting or fishing,
7as applicable, is provided via the SHARE Program established
8pursuant to Article 3 (commencing with Section 1570) of Chapter
95 of Division 2, a cooperative hunting area established pursuant
10to Section 1575, or any other means deemed appropriate by the


13Article 8.  Funding




The department and commission shall prioritize funding
16and staffing to meet the mandates and goals of this chapter.


SEC. 2.  

No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California