BILL ANALYSIS �
AB 606
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Date of Hearing: March 22, 2011
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 606 (Gatto) - As Amended: March 15, 2011
SUBJECT : Hunting and Fishing
SUMMARY : States a legislative finding that lawful wildlife
dependent recreational activities, including but not limited to
hunting and fishing, are compatible uses of lands subject to
easements or agreements for wildlife purposes, and requires the
Department of Fish and Game (DFG) to permit such activities on
all such lands unless specifically prohibited in the easement.
Specifically, this bill :
1)States that the Legislature finds and declares that lawful
wildlife dependent recreational activities, including but not
limited to hunting and fishing, are compatible uses of lands
subject to conservation easements or agreements for wildlife
purposes.
2)Requires DFG, except when specifically prohibited in the
applicable easement or contract, to permit recreational
activities, including but not limited to hunting and fishing,
on land subject to a wildlife conservation easement as
determined by the Wildlife Conservation Board, and lands
subject to a contract with DFG for fish and wildlife habitat
preservation, restoration, and enhancement.
EXISTING LAW :
1)Requires the Wildlife Conservation Board to investigate,
study, and determine what areas are most essential and
suitable for wildlife production and preservation, and will
provide suitable recreation, and what lands are suitable for
game propagation, game refuges, bird refuges, waterfowl
refuges, game farms, fish hatcheries, and game management
areas, and what streams and lakes are suitable for or can be
made suitable for fishing and hunting. Requires WCB in
determining what areas are suitable for fishing and hunting,
to, in consultation with DFG, take into consideration areas of
the state where public access and opportunity for fishing and
hunting are most needed.
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2)Requires the WCB to determine what lands are suitable for
providing cover for the propagation and rearing of wild
waterfowl, shore birds and upland birds and to acquire
easements on such lands to provide cover. Requires WCB to
determine what lands or waters should be acquired by the state
for maximum restoration of wildlife and maximum recreational
advantages to the people of the state.
3)Authorizes DFG to enter into contracts for fish and wildlife
habitat preservation, restoration, and enhancement with public
and private entities to assist in meeting DFG's duty to
preserve, protect and restore fish and wildlife.
FISCAL EFFECT : Unknown
COMMENTS : The author indicates the purpose of this bill is to
encourage greater private landowner participation in voluntary
conservation easement and wildlife habitat conservation programs
by clarifying that private landowners participating in these
programs can continue to engage in wildlife-dependent
recreational activities on their property, unless otherwise
specified. The California Outdoor Heritage Alliance, in support
of this bill, notes that with nearly 50% of California land in
private ownership, farmers, ranchers and other landowners play
an important role in protecting and maintaining wildlife
habitat. COHA notes that DFG, by working cooperatively with
willing landowners through various conservation programs has
been able to protect nearly 42,000 acres of wildlife habitat.
One of the primary motivating factors for private landowners to
participate in conservation easement or wildlife habitat
conservation programs is the ability to continue to hunt and
fish on their property after enrolling. The author asserts that
while WCB and DFG have traditionally allowed landowners to
continue to hunt and fish on their properties after enrolling in
a conservation program, the Fish and Game Code does not
specifically authorize such activities.
Conservation easements are negotiated voluntary agreements which
frequently authorize continued use of the lands by the owners
for hunting and other recreational activities. While the
existing code may not require that these uses be allowed with
every conservation easement, the code does encourage the
allowance of such uses by, for example, encouraging the WCB to
determine what lands and waters are most suitable for hunting
and fishing, the areas of the state where such uses are most
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needed, and to determine what lands and waters should be
acquired to maximize both wildlife restoration and recreational
advantages for the people of the state. The WCB and DFG
frequently include continued rights for landowners to hunt and
fish on their lands when such lands are subject to voluntary
conservation easements.
This bill establishes a state presumption that hunting and
fishing are always compatible uses of lands subject to
conservation easements or agreements for wildlife purposes,
though exceptions would be allowed under subsection (b) if such
uses are expressly prohibited in the agreement. While it is
true that hunting and fishing are often compatible uses, whether
they are compatible with the specific purposes of a particular
land conservation easement is a case by case, site specific
determination. For example, lands subject to a conservation
easement for protection of nesting birds or endangered species
habitat may not be compatible with hunting and fishing, whereas
wetlands restoration projects providing habitat for waterfowl,
shore birds and upland species often are compatible with hunting
and fishing. Consequently, a blanket statement that hunting and
fishing are compatible uses of lands subject to conservation
easements or agreements for wildlife purposes is overly broad. A
more accurate statement would be that such uses may be or often
are compatible uses of lands subject to conservation easements
or agreements for wildlife purposes. Alternatively, given the
more specific language contained in subsection (b) it is not
clear that subsection (a) is really necessary. For that reason,
the author and committee may wish to simply strike subsection
(a).
This bill should also be amended to clarify that the presumption
applies prospectively to conservation easements and contracts
entered into on or after January 1, 2012 when this bill takes
effect. This amendment is necessary to ensure that the
presumption is not applied retroactively to existing easement
agreements entered into prior to the presumption in this bill
becoming law. This bill should also be amended to clarify that
it does not preempt any other existing laws which may apply to
the lands in question.
Although the stated purpose of this bill is to incentivize
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private landowners to enter conservation easements by ensuring
that they will be able to continue to hunt and fish on their
properties, this bill is not limited to conservation easements
on lands in private ownership, but also includes contracts DFG
enters into with both public and private entities for fish and
wildlife habitat preservation, restoration and enhancement.
While hunting and fishing are frequently compatible uses on
public lands subject to agreements for wildlife purposes,
hunting may not be appropriate for public safety purposes in
areas that are open to the public for other recreational
activities such as hiking, bird watching or fishing, or areas
that are specifically set aside for purposes of wildlife
restoration. For example, in the Yolo Bypass Wildlife Area,
part of the refuge is open to hunting but part of the refuge is
closed to hunting, specifically areas set aside for birds to
rest and feed and auto tour and hiking areas open to the public.
In such cases, it will be necessary for the conservation
agreement to specify the conditions under which recreational
activities are allowed on the public lands in question.
Suggested Amendments :
1507. (a) The Legislature finds and declares that lawful
wildlife dependent recreational activities, including, but not
limited to, hunting and fishing, are compatible uses of lands
subject to easements or agreements for wildlife purposes.
(b) (a) Except as specifically prohibited in the applicable
easement, contract or memorandum of understanding, or other
applicable law , or contract the department shall permit
wildlife-dependent recreational activities, including, but not
limited to, hunting and fishing, on the following:
(1) Land subject to a wildlife conservation easement
pursuant to Article 3 (commencing with Section 1345) of
Chapter 4.
(2) Land subject to a contract for fish and wildlife habitat
preservation, restoration, and enhancement pursuant to
Section 1501.5.
(b) Nothing in this section shall be construed to impact
existing conservation easements or contracts entered into prior
to January 1, 2012.
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REGISTERED SUPPORT / OPPOSITION :
Support
California Outdoor Heritage Alliance
California Waterfowl Association
Opposition
None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096