Amended in Senate April 5, 2016

Senate BillNo. 1191


Introduced by Senator Berryhill

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(Coauthors: Senators Cannella, Fuller, Galgiani, and Moorlach)

end insert
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(Coauthors: Assembly Members Bigelow, Frazier, and Gray)

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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.

LEGISLATIVE COUNSEL’S DIGEST

SB 1191, as amended, 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,begin delete amphibia,end deletebegin insert amphibians,end insert 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 abegin delete substantiallyend delete 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,begin delete andend deletebegin insert butend insert would provide for the preparation and approval of wildlife managementbegin delete plans,end deletebegin insert plans by the department,end insert which would form the primary basis for managing these wildlife resources. The bill would authorize regulations that thebegin delete commissionend deletebegin insert departmentend insert 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 thebegin delete commissionend deletebegin insert departmentend insert 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

SECTION 1.  

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

3 

4Chapter  14. Conservation and Management of Wildlife
5on Land and Inland Waters
6

6 

7Article 1.  General Policies
8

 

9

2950.  

(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.

P3    1(b) It is the policy of the state to ensure the conservation,
2sustainable use, and, where feasible, restoration of California’s
3wildlife resources for the benefit of all the citizens of the state.
4The objective of this policy is to accomplish all of the following:

5(1) Conserve the health and diversity of ecosystems and wildlife
6resources.

7(2) Allow and encourage only those activities and uses of
8wildlife resources that are sustainable.

9(3) Recognize the importance of the aesthetic, educational,
10scientific, and recreational uses that do not involve the taking of
11California’s wildlife resources.

12(4) Recognize the importance to the economy and the culture
13of California sport hunting and fishing consistent with the wildlife
14resource conservation policies of this chapter.

15(5) Support and promote scientific research on ecosystems and
16their components to develop better information on which to base
17wildlife resource management decisions.

18(6) Manage wildlife resources on the basis of the best available
19scientific information and other relevant information that the
20commission or department possesses or receives.

21(7) Involve all interested parties, including, but not limited to,
22individuals from the sport hunting and fishing communities,
23landowners, tourism and recreation industries, wildlife conservation
24organizations, local governments, wildlife scientists, and the public,
25in wildlife resource management decisions.

26(8) Promote the dissemination of accurate information
27concerning the condition of, or management of, wildlife resources
28by seeking out the best available information and making it
29available to the public through the wildlife resources management
30process.

31(9) Coordinate and cooperate with adjacent states, as well as
32with Mexico and Canada, and encourage regional approaches to
33management of activities and uses that affect wildlife resources.
34Particular attention shall be paid to coordinated approaches to the
35management of shared wildlife resources.

36(c) The Legislature hereby recognizes the heritage and cultural
37significance of hunting and fishing in California. The commission
38and department shall, to the extent possible, assist in perpetuating
39and supporting that heritage through policies and regulations,
40including, but not limited to, educating the public about the
P4    1substantial food, economic, wildlife conservation, wildlife
2management, and other public benefits of hunting andbegin delete fishing.end delete
3
begin insert fishing, and recruiting, retaining, and reactivating hunters and
4fishers.end insert

5

2951.  

(a) A regulation adopted pursuant to this chapter applies
6only to the lands and inland waters of the state not governed
7pursuant to Part 1.7 (commencing with Section 7050) of Division
86.

9(b) The policies in this chapter apply only to wildlife
10management plans and regulations adopted by thebegin delete commissionend delete
11begin insert departmentend insert on or after January 1, 2017. No power is delegated to
12the commission or the department by this chapter to regulate
13wildlife resources other than wildlife resources for which the
14commission or department had regulatory authority prior to January
151, 2017.

begin insert

16
(c) For purposes of this chapter, “wildlife” has the same
17meaning as that term is used in Section 89.5, except that the term
18does not include any species governed pursuant to Part 1.7
19(commencing with Section 7050) of Division 6.

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20 

21Article 2.  Wildlife Management Generally
22

 

23

2955.  

(a) The Legislature finds and declares that it is the policy
24of the state that:

25(1) California’s hunting and fishing programs, and the resources
26upon which they depend, are important to the people of the state
27and, to the extent practicable, shall be managed in accordance with
28the policies and other requirements of this chapter in order to
29ensure the long-term economic, recreational, ecological, cultural,
30and social benefits of those wildlife resources and the wildlife
31habitats on which they depend.

32(2) Programs for the conservation and management of the
33wildlife resources of California shall be established and
34administered to prevent overharvest, to rebuild depressed
35 populations, to ensure conservation, to facilitate long-term
36protection and, where feasible, restoration of wildlife habitats, and
37to achieve the sustainable use and enjoyment of the state’s wildlife
38resources.

39(3) Where a species is the object of hunting or fishing, a
40sufficient resource shall be maintained to support a reasonable
P5    1sport use, taking into consideration the necessity of regulating
2individual programs at a level that is sufficient to provide a
3satisfying sport.

4(4) Hunters and anglers have historically provided the most
5significant source of funding for game species conservation efforts,
6hunting and fishing programs, and the management activities of
7the department’s state wildlife areas through hunting and fishing
8licenses, stamps and validations, as well as sporting arms and
9munitions excise taxes generated through the federal
10Pittman-Robertson Wildlife Restoration Act (16 U.S.C. Sec. 669
11et seq.). The department shall pursue funding sufficient to cover
12the costs of nonhunting and fishing programs and nongame
13programs.

14(b) In order to achieve the primary wildlife management goal
15of sustainability, every hunting and fishing resource under the
16jurisdiction of the state shall be managed under a system whose
17objectives include all of the following:

18(1) The hunting or fishing program is conducted sustainably so
19that long-term health of the resource is not sacrificed in favor of
20short-term benefits.

21(2) The health of wildlife habitat is maintained and, to the extent
22feasible, habitat is restored and, where appropriate, is enhanced.

23(3) Depressed wildlife resources are rebuilt to the highest
24sustainable yields consistent with environmental and habitat
25conditions.

26(4) The wildlife management system allows hunting and fishing
27participants to propose methods to prevent or reduce excess effort
28relative to sustainable levels.

29(5) Management of a species that is the target of both sport and
30commercial activities shall be closely coordinated.

31(6) Wildlife management decisions are adaptive and are based
32on the best available scientific information and other relevant
33information that the commission or department possesses or
34receives, and the commission and department have available to
35them essential resource information on which to base their
36decisions.

37(7) The management decisionmaking process is open and seeks
38the advice and assistance of interested parties so as to consider
39 relevant information, including local knowledge.

P6    1(8) The wildlife management system supports the long-term
2interests of people dependent on hunting and fishing for food,
3livelihood, or recreation.

4(9) Any adverse impacts of wildlife management on small-scale
5wildlife resources, communities, and local economies are
6minimized, to the extent practical.

7(10) Collaborative and cooperative approaches to management,
8involving participants, wildlife scientists, and other interested
9parties are strongly encouraged, and appropriate mechanisms are
10in place to resolve disputes such as access, allocation, and gear
11conflicts.

12(11) The management system is proactive and responds quickly
13to changing environmental conditions or other socioeconomic
14factors and to the concerns of resource participants.

15(12) The management system is periodically reviewed for
16effectiveness in achieving sustainability goals and for fairness and
17reasonableness in its interaction with people affected by
18management.

19

2956.  

Any wildlife management regulation adopted by the
20begin delete commissionend deletebegin insert departmentend insert shall, to the extent practicable, conform
21to the policies of Section 2955.

22

2957.  

(a) The Legislature finds and declares all of the
23following:

24(1) Successful wildlife management is a collaborative process
25that requires a high degree of ongoing communication and
26participation of all those involved in the management process,
27particularly the commission, the department, and those who
28represent the people and resources that will be most affected by
29wildlife management decisions, especially hunting and fishing
30participants and other interested parties.

31(2) In order to maximize the wildlife science expertise applied
32to the complex issues of wildlife management, the commission
33and the department are encouraged to continue to, and to find
34creative new ways to, contract with or otherwise effectively involve
35wildlife scientists, economists, collaborative factfinding process
36and dispute resolution specialists, and others with the necessary
37expertise at colleges, universities, private institutions, and other
38agencies.

39(3) The benefits of the collaborative process required by this
40section apply to most wildlife management activities including,
P7    1but not limited to, the development and implementation of research
2plans, wildlife managed area plans, wildlife management plans,
3and plan amendments, and the preparation of status reports such
4as those required by Section 2965.

5(4) Because California is a large state and because travel is time
6consuming and costly, the involvement of interested parties shall
7be facilitated, to the extent practicable, by conducting meetings
8and discussions in the areas where those most affected are
9concentrated.

10(b) In order to fulfill the intent of subdivision (a), the
11commission and the department shall do all of the following:

12(1) Periodically review wildlife management operations with a
13view to improving communication, collaboration, and dispute
14resolution, seeking advice from interested parties as part of the
15review.

16(2) Develop a process for the involvement of interested parties
17and for factfinding and dispute resolution processes appropriate
18to each element in the wildlife management process.

19(3) Consider the appropriateness of various forms of wildlife
20resources comanagement, which involves close cooperation
21between the department and participants, when developing and
22implementing wildlife management plans.

23(4) When involving participants in the management process,
24give particular consideration to various gear type users, if any, in
25order to ensure adequate involvement.

26

2958.  

If there is a conflict between humans and wildlife,
27hunting, fishing, and other activities that facilitate public use and
28enjoyment of wildlife resources and generate revenue or otherwise
29support wildlife conservation purposes shall, where feasible, be
30the preferred means of managing wildlife resources.

31

2960.  

(a) The Legislature finds and declares that for the
32purposes of sustainable wildlife management and this chapter,
33essential resource information is necessary for federally and
34state-managed wildlife resources important to the people of this
35state to provide sustainable economic and recreational benefits to
36the people of California. The Legislature further finds and declares
37that acquiring essential resource information can best be
38accomplished through the ongoing cooperation and collaboration
39of participants in wildlife resources.

P8    1(b) The department, to the extent feasible, shall conduct and
2support research to obtain essential resource information for all
3wildlife resources managed by the state.

4(c) The department, to the maximum extent practicable and
5consistent with Section 2957, shall encourage the participation of
6hunters andbegin delete anglersend deletebegin insert fishersend insert in wildlife resources research within a
7framework that ensures the objective collection and analysis of
8data, research design, and in carrying out research.

9(d) The department may apply for grants to conduct research
10and may enter into contracts or issue competitive grants to public
11or private research institutions to conduct research.

12

2961.  

Thebegin insert department andend insert commission’s policies and
13regulations shall recognize and support the principles of the North
14Americanbegin insert Model ofend insert Wildlifebegin delete Conservation Model,end deletebegin insert Conservation,end insert
15 which include the following principles:

16(a) Wildlife as a public trust resource. Wildlife is held in the
17public trust through state and federal governments. Though an
18individual may own the land upon which wildlife resides, that
19individual does not own the wildlife. Instead, the wildlife is owned
20by all citizens.

21(b) The elimination of markets for game. Commercial hunting
22and the sale ofbegin delete wildlifeend deletebegin insert games speciesend insert is generally prohibited to
23ensure the sustainability ofbegin delete wildlifeend deletebegin insert game speciesend insert populations. This
24principle holds that unregulated economic markets for gamebegin delete and
25nongame wildlifeend delete
are unacceptable because they privatize a
26common resource and generally lead to declines.

27(c) The allocation of wildlife by law. Wildlife is allocated to
28the public by law, as opposed to market principles, land ownership,
29or other status. Democratic processes and public input into
30lawmaking help ensure access is equitable.

31(d) Wildlife should only be taken for a legitimate purpose. The
32killing of game should be done primarily for food, fur, self-defense,
33and the protection of property, including livestock and crops. A
34reasonable effort must be made to retrieve and make use of the
35resource.

36(e) Wildlife recognized as an international resource. As wildlife
37do not exist only within fixed political boundaries, effective
38management of these resources must be done internationally,
39through treaties and the cooperation of management agencies.

P9    1(f) Science is the proper tool for discharge of wildlife policy.
2Science and the input of wildlife professionals are the basis for
3informed management and decisionmaking processes. Science in
4wildlife policy includes studies of population dynamics, behavior,
5habitat, adaptive management, and national surveys of hunting
6and fishing.

7(g) Democracy of hunting and fishing. Every citizen in good
8standing has an opportunity, under the law, to hunt and fish.

9

2962.  

(a) The department shall establish a program for external
10peer review of the scientific basis of wildlife resources management
11documents. The department, in its discretion and unless otherwise
12required by this chapter, may submit to peer review documents
13that include, but are not limited to, wildlife management plans and
14plan amendments and wildlife resource research plans.

15(b) The department may enter into an agreement with one or
16more outside entities that are significantly involved with
17researching and understanding wildlife resources and are not
18advocacy organizations. These entities may include, but not be
19limited to, the University of California, the California State
20University, the Pacific Flyway Council, or any other entity
21approved by the commission to select and administer peer review
22panels, as needed. The peer review panels shall be composed of
23individuals with technical expertise specific to the document to be
24reviewed. The entity with which the department enters into an
25agreement for a peer review shall be responsible for the scientific
26integrity of the peer review process. Each peer reviewer may be
27compensated as needed to ensure competent peer review. Peer
28reviewers shall not be employees or officers of the department or
29the commission and shall not have participated in the development
30of the document to be reviewed.

31(c) The external peer review entity, within the timeframe and
32budget agreed upon by the department and the external scientific
33peer review entity, shall provide the department with the written
34report of the peer review panel that contains an evaluation of the
35scientific basis of the document. If the report finds that the
36department has failed to demonstrate that a scientific portion of
37the document is based on sound scientific knowledge, methods,
38and practices, the report shall state that finding and the reasons for
39the finding. The department may accept the finding, in whole or
40in part, and may revise the scientific portions of the document
P10   1accordingly. If the department disagrees with any aspect of the
2finding of the external scientific peer review, it shall explain, and
3include as part of the record, its basis for arriving at that
4determination in the analysis prepared for the adoption of the final
5document, including the reasons why it has determined that the
6scientific portions of the document are based on sound scientific
7knowledge, methods, or practice. The department shall submit the
8external scientific peer review report to the commission with any
9peer reviewed document that is to be adopted or approved by the
10commission.

11(d) The requirements of this section do not apply to any
12emergency regulation adopted pursuant to subdivision (b) of
13Section 11346.1 of the Government Code.

14(e) Nothing in this section shall be interpreted, in any way, to
15limit the authority of the commission or department to adopt a plan
16or regulation.

17 

18Article 3.  Commission and Department
19

 

20

2965.  

(a) The director shall report annually in writing to the
21commission on the status of wildlife resources managed by the
22state. The date of the report shall be chosen by the commission
23with the advice of the department. Each annual report shall cover
24wildlife resources managed by the state on a schedule agreed upon
25by the commission and department so that all managed wildlife
26resources will be reported on at least once every decade. The
27department shall involve expertise from outside the department in
28compiling information for the report, which may include, but need
29not be limited to, other wildlife scientists, resource participants,
30and other interested parties.

31(b) For each wildlife resource reported on in an annual report,
32the report shall include information on take, effort, and areas where
33the effort occurs and other factors relevant to the resource.

34(c) Notwithstanding subdivision (a), the first annual report shall
35be presented to the commission on or before January 1, 2020, and
36shall cover the 10 most popular wildlife resources managed by the
37state. To the extent that the requirements of this section and Section
382973 are duplicative, the first annual report may be combined with
39the plan required pursuant to Section 2973.

P11   1

2966.  

(a) The Legislature finds and declares that a number of
2human-caused and natural factors can affect the health of wildlife
3resources and result in wildlife resources that do not meet the
4policies and other requirements of this chapter.

5(b) To the extent feasible, the director’s report to the commission
6pursuant to Section 2965 shall identify any wildlife resource that
7 does not meet the sustainability policies of this chapter. In the case
8of a resource identified as being depressed, the report shall indicate
9the causes of the depressed condition, describe steps being taken
10to rebuild the resource, and, to the extent practicable, recommend
11additional steps to rebuild.

12(c) The director’s report to the commission pursuant to Section
132965, consistent with paragraph (12) of subdivision (b) of Section
142955, shall evaluate the management system and may recommend
15modifications of thatbegin delete system to the commission.end deletebegin insert system.end insert

16 

17Article 4.  Wildlife Management Plans--General Policies
18

 

19

2970.  

The Legislature finds and declares that the critical need
20to conserve, utilize, and manage the state’s wildlife resources and
21to meet the policies and other requirements stated in this chapter
22require that the state’s wildlife resources be managed by means
23of wildlife management plans.

24

2971.  

In the case of any resource for which thebegin delete commissionend delete
25begin insert departmentend insert has management authority, regulations that the
26begin delete commissionend deletebegin insert departmentend insert adopts to implement a wildlife
27management plan or plan amendment for that resource may make
28inoperative, in regard to that resource, any wildlife management
29statute that applies to that resource, including, but not limited to,
30statutes that govern allowable take, permit programs, fees, and
31time, area, and methods of taking.

32

2972.  

(a) Wildlife management plans shall form the primary
33basis for managing California’s wildlife resources.

34(b) Wildlife management plans shall be based on the best
35scientific information that is available, on other relevant
36information that the department possesses, or on the scientific
37information or other relevant information that can be obtained
38without substantially delaying the preparation of the plan.

39(c) To the extent that conservation and management measures
40in a wildlife management plan either increase or restrict the overall
P12   1harvest, wildlife management plans shall allocate those increases
2or restrictions fairly among user groups and ensure a reasonable
3level of hunting and fishing opportunity on public lands and waters.

4

2973.  

(a) On or before September 1, 2018, the department
5shall submit to the commission for its approval a master plan that
6specifies the process and the resources needed to prepare, adopt,
7and implement wildlife management plans for wildlife resources
8managed by the state. Consistent with Section 2957, the master
9plan shall be prepared with the advice, assistance, and involvement
10of participants in the various wildlife resources and their
11representatives, wildlife conservationists, wildlife scientists, and
12other interested persons.

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

14(1) A list identifying the wildlife resources managed by the
15state, with individual wildlife resources assigned to wildlife
16management plans as determined by the department according to
17conservation and management needs and consistent with paragraph
18(5) of subdivision (b) of Section 2955.

19(2) A priority list for preparation of wildlife management plans.
20Highest priority shall be given to wildlife resources that the
21department determines have the greatest need for changes in
22conservation and management measures in order to comply with
23the policies and requirements set forth in this chapter. Wildlife
24resources for which the department determines that current
25management complies with the policies and requirements of this
26chapter shall be given the lowest priority.

27(3) A description of the research, monitoring, and data collection
28activities that the department conducts for wildlife resources and
29of any additional activities that might be needed for the department
30to acquire essential wildlife information, with emphasis on the
31higher priority wildlife resources identified pursuant to paragraph
32(2).

33(4) A process consistent with Section 2957 that ensures the
34opportunity for meaningful involvement in the development of
35wildlife management plans and research plans by participants and
36their representatives, wildlife scientists, and other interested parties.

37(5) A process for periodic review and amendment of the master
38plan.

39(c) The commission shall adopt or reject the master plan or
40master plan amendment, in whole or in part, after a public hearing.
P13   1If the commission rejects a part of the master plan or master plan
2amendment, the commission shall return that part to the department
3for revision and resubmissionbegin delete pursuant to the revision and
4resubmission procedures for wildlife management plans as
5described in subdivision (a) of Section 2975.end delete
begin insert together with a
6written statement of reasons for the rejection. The department
7shall revise and resubmit that part to the commission within 90
8days of the rejection. The revised plan or plan amendment is
9subject to the review and adoption requirements of this article.end insert

10

2974.  

(a) The department shall prepare interim research
11protocols for at least the three highest priority wildlife resources
12identified pursuant to paragraph (2) of subdivision (b) of Section
132973. An interim protocol shall be used by the department until a
14wildlife management plan is implemented for that resource.

15(b) Consistent with Section 2957, each protocol shall be prepared
16with the advice, assistance, and involvement of participants in the
17various wildlife resources and their representatives, wildlife
18conservationists, wildlife scientists, and other interested persons.

19(c) Interim protocols shall be submitted to peer review as
20described in Section 2962 unless the department, pursuant to
21subdivision (d), determines that peer review of the interim protocol
22is not justified. For the purpose of peer review, interim protocols
23may be combined in the following circumstances:

24(1) For related wildlife resources.

25(2) For two or more interim protocols that the commission
26determines will require the same peer review expertise.

27(d) The commission, with the advice of the department, shall
28adopt criteria to be applied in determining whether an interim
29protocol may be exempted from peer review.

30 

31Article 5.  Wildlife Management Plan Preparation, Approval,
32and Regulations
33

 

34

2975.  

(a) The department shall prepare wildlife management
35plans and plan amendments, including any proposed regulations
36necessary to implement plans or plan amendments, to bebegin delete submitted
37to the commissionend delete
begin insert considered by the department through a public
38processend insert
for adoption or rejection. Prior tobegin delete submittingend deletebegin insert consideringend insert
39 a plan or plan amendment, including any proposed regulations
40necessary for implementation,begin delete to the commission,end delete the department
P14   1shall submit the plan to peer review pursuant to Section 2962,
2unless the department determines that peer review of the plan or
3plan amendment may be exempted pursuant to subdivision (c). If
4the department makes that determination, it shall submit its reasons
5for that determination to the commission with the plan. begin delete If the
6commission rejects a plan or plan amendment, including proposed
7regulations necessary for implementation, the commission shall
8return the plan or plan amendment to the department for revision
9and resubmission together with a written statement of reasons for
10the rejection. The department shall revise and resubmit the plan
11or plan amendment to the commission within 90 days of the
12rejection. The revised plan or plan amendment is subject to the
13review and adoption requirements of this article.end delete

14(b) The department may contract with qualified individuals or
15organizations to assist in the preparation of wildlife management
16plans or plan amendments.

17(c) The commission, with the advice of the department and
18consistent with Section 2957, shall adopt criteria to be applied in
19determining whether a plan or plan amendment may be exempted
20from peer review.

21(d) Participants and their representatives, scientists, or other
22interested parties may propose plan provisions or plan amendments
23to thebegin delete department or commission. The commission shall review
24any proposal submitted to the commission and may recommend
25to the department that the department develop a wildlife
26management plan or plan amendment to incorporate the proposal.end delete

27
begin insert department. The department shall review any proposal and may
28develop a wildlife management plan or plan amendment to
29incorporate the proposal.end insert

30

2976.  

(a) To the extent practicable, and consistent with Section
312957, the department shall seek advice and assistance in developing
32a wildlife management plan from hunting and fishing interests,
33landowners, other participants in the affected resource, scientists,
34and other interested parties. The department shall also seek the
35advice and assistance of other persons or entities that it deems
36appropriate, which may include, but is not limited to, the United
37States Fish and Wildlife Service and any advisory committee of
38the department.

39(b) In the case of a wildlife management plan or a plan
40amendment that is submitted to peer review, the department shall
P15   1provide the peer review panel with any written comments on the
2plan or plan amendment that the department has received from
3participants and other interested parties.

4

2977.  

A wildlife management plan or plan amendment, or
5proposed regulations necessary for implementation of a plan or
6plan amendment, developed by the department shall be available
7to the public for review at least 30 days prior to a hearing on the
8management plan or plan amendment by thebegin delete commission.end delete
9begin insert department.end insert Persons requesting to be notified of the availability
10of the plan shall be notified in sufficient time to allow them to
11review and submit comments at or prior to a hearing. Proposed
12plans and plan amendments and hearing schedules and agendas
13shall be posted on the commission and department’s Internet Web
14 site.

15

2978.  

(a) Thebegin delete commissionend deletebegin insert departmentend insert shall hold at leastbegin delete twoend delete
16begin insert threeend insert public hearings on a wildlife management plan or plan
17amendment prior to thebegin delete commission’send deletebegin insert department’send insert adoption or
18rejection of the plan.

begin delete

19(b) The plan or plan amendment shall be heard not later than
2060 days following receipt of the plan or plan amendment by the
21commission. The commission may adopt the plan or plan
22amendment at the second public hearing, at the commission’s
23meeting following the second public hearing, or at any duly noticed
24subsequent meeting, subject to subdivision (c).

end delete
begin insert

25
(b) The department may adopt the plan or plan amendment at
26the third hearing or at any duly noticed subsequent meeting, subject
27to subdivision (c).

end insert

28(c) When scheduling the location of a hearing or meeting relating
29to a wildlife management plan or plan amendment, thebegin delete commissionend delete
30begin insert departmentend insert shall consider factors, including, among other factors,
31the area of the state, if any, where participants are concentrated.

32(d) Prior to the adoption of a wildlife management plan or plan
33amendment that would make inoperative a statute, thebegin delete commissionend delete
34begin insert departmentend insert shall provide a copy of the plan or plan amendment
35to the Legislature for review by the appropriate policy committee
36in each house of the Legislature.

37(e) Thebegin delete commissionend deletebegin insert departmentend insert shall adopt any regulations
38necessary to implement a wildlife plan or plan amendment no more
39than 60 days following adoption of the plan or plan amendment.
40All implementing regulations adopted under this subdivision shall
P16   1be adopted as a regulation pursuant to the rulemaking provisions
2of the Administrative Procedure Act (Chapter 3.5 (commencing
3with Section 11340) of Part 1 of Division 3 of Title 2 of the
4Government Code). Thebegin delete commission’send deletebegin insert department’send insert adoption of
5regulations to implement a wildlife management plan or plan
6amendment shall not trigger an additional review process under
7the California Environmental Quality Act (Division 13
8(commencing with Section 21000) of the Public Resources Code).

9(f) Regulations adopted by thebegin delete commissionend deletebegin insert departmentend insert to
10implement a plan or plan amendment shall specify any statute or
11regulation of thebegin delete commissionend deletebegin insert departmentend insert that is to become
12inoperative as to the particular resources. The list shall designate
13each statute or regulation by individual section number, rather than
14by reference to articles or chapters.

15 

16Article 6.  Contents of Wildlife Management Plans
17

 

18

2980.  

Consistent with subdivision (b) of Section 2972, each
19wildlife management plan prepared by the department shall
20summarize readily available information about the resource,
21including, but not limited to, all of the following:

22(a) The species of wildlife and their location, number of
23participants involved, effort, and a history of conservation and
24management measures affecting the resource.

25(b) The natural history and population dynamics of the target
26species and the effects of changing environmental conditions on
27the target species.

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

29(d) The ecosystem role of the target species and the relationship
30of the resource to the ecosystem role of the target species.

31(e) Economic, social, and cultural factors related to the public
32use of the resource.

33

2981.  

Consistent with subdivision (b) of Section 2972, each
34wildlife management plan or plan amendment prepared by the
35department shall include a research protocol that does all of the
36following:

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

38(b) Identifies essential information for the resource, including,
39but not limited to, the resources and time necessary to acquire the
40information.

P17   1(c) Indicates the steps the department shall take to monitor the
2resource and to obtain essential information, including the data
3collection and research methodologies, on an ongoing basis.

4

2982.  

Each wildlife management plan or plan amendment
5prepared by the department shall contain the measures necessary
6and appropriate for the conservation and management of the
7resource according to the policies and other requirements in this
8chapter.

9

2983.  

(a) Each wildlife management plan prepared by the
10department shall incorporate the existing conservation and
11management measures provided in this code that are determined
12by the department to result in a sustainable resource.

13(b) If additional conservation and management measures are
14included in the plan, the department shall, consistent with
15subdivision (b) of Section 2972, summarize anticipated effects of
16those measures on relevant resource populations and habitats, on
17participants, and on communities and businesses that rely on the
18resource.

19

2984.  

Consistent with subdivision (b) of Section 2972, each
20wildlife management plan or plan amendment prepared by the
21department for a resource that the department has determined has
22adverse effects on wildlife habitat shall include measures that, to
23the extent practicable, minimize those effects.

24

2985.  

(a) Consistent with subdivision (b) of Section 2972,
25each wildlife management plan or plan amendment prepared by
26the department shall specify criteria for identifying when the
27resource is overutilized.

28(b) In the case of a resource that has been determined to be
29overutilized or in which overuse is occurring, the wildlife
30management plan shall contain measures to prevent, end, or
31otherwise appropriately address overuse and to rebuild the resource.

32(c) Any wildlife management plan, plan amendment, or
33regulation prepared pursuant to subdivision (b), shall do both of
34the following:

35(1) Specify a time period for preventing or ending or otherwise
36appropriately addressing overuse and rebuilding the resource that
37shall be as short as possible, and shall not exceed 10 years except
38in cases where the biology of the population or other environmental
39conditions dictate otherwise.

P18   1(2) Allocate both overuse restrictions and recovery benefits
2fairly and equitably among sectors of the resource.

3

2986.  

(a) Each wildlife management plan prepared by the
4department shall include a procedure for review and amendment
5of the plan, as necessary.

6(b) Each wildlife management plan or plan amendment prepared
7by the department shall specify the types of regulations that may
8be adopted without a plan amendment.

9

2987.  

Each wildlife management plan and plan amendment
10shall include a list of any statutes and regulations that shall become
11inoperative, as to the particular resource covered by the wildlife
12management plan or plan amendment, upon thebegin delete commission’send delete
13begin insert department’send insert adoption of implementing regulations for that wildlife
14management plan or plan amendment.

15 

16Article 7.  begin insertDepartment and end insertCommission Responsibility to
17Provide Hunting and Fishing Opportunities
18

 

19

2989.  

begin delete(a)end deletebegin deleteend deleteTo the extent practicable, the policies and regulations
20adopted by thebegin insert department andend insert commission shall support access
21and opportunity for the public to engage in the broadest array of
22hunting and fishing activities, consistent with the best available
23science and sustainable use of wildlife resources.

begin delete

24(b) Unless otherwise authorized by this code, when authorizing
25an open season on a game fish, game bird, or game mammal
26species, the commission shall ensure either of the following:

end delete
begin delete

27(1) At least some public lands or waters are open for the take
28of that species during the authorized season.

end delete
begin delete

29(2) A reasonable level of public access for hunting or fishing,
30as applicable, is provided via the SHARE Program established
31pursuant to Article 3 (commencing with Section 1570) of Chapter
325 of Division 2, a cooperative hunting area established pursuant
33to Section 1575, or any other means deemed appropriate by the
34department.

end delete

35 

36Article 8.  Funding
37

 

38

2990.  

The department and commission shall prioritize funding
39and staffing to meet the mandates and goals of this chapter.

P19   1

SEC. 2.  

No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.



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