BILL NUMBER: SB 1166 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 15, 2012
AMENDED IN SENATE MAY 29, 2012
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE APRIL 18, 2012
INTRODUCED BY Senator Berryhill
FEBRUARY 22, 2012
An act to amend Sections 331, 332, 3953, 4334, and 4902
of, and to add Sections 715 and 715.1 708
and 709 to, the Fish and Game Code, relating to wildlife
resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1166, as amended, Berryhill. Department of Fish and Game: Big
Game Management Account funds.
Existing law requires all money collected under the Fish and Game
Code, including money received as a result of the sale of licenses
issued under the code, to be deposited into the Fish and Game
Preservation Fund, unless otherwise provided. Existing law authorizes
the Department of Fish and Game to issue tags, stamps, and licenses
for the hunting of antelope, elk, upland game birds, deer, wild pigs,
bears, and bighorn sheep upon payment of a fee, to be deposited into
the fund. Existing law establishes the Big Game Management Account
within the fund to permit separate accountability for the receipt
and, subject to appropriation, the prescribed expenditure of revenues
from antelope, elk, deer, wild pig, bear, and bighorn sheep tags,
including fundraising tags.
This bill would require the department to permit
authorize a nonprofit organization that
is designated by the department and
, that is associated with the sale of deer , elk,
antelope, or bighorn sheep tags that are sold on behalf of the
department for the purpose of raising funds for specified programs
and projects , to retain the lesser of that organization's
administrative costs of selling the tag or 10% of the amount for
which the tag is sold. The bill would make conforming changes to
related provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 331 of the Fish and
Game Code is amended to read:
331. (a) The commission may determine and fix the area or areas,
the seasons and hours, the bag and possession limit, and the sex and
total number of antelope (Antilocapra americana) that may be taken
under regulations that the commission may adopt from time to time.
Only a person possessing a valid hunting license, who has not
received an antelope tag under these provisions during a period of
time specified by the commission, may obtain a tag for the taking of
antelope.
(b) The department may issue a tag upon payment of a fee. The fee
for a tag shall be fifty-five dollars ($55) for a resident of the
state, as adjusted under Section 713. On or before July 1, 2007, the
commission shall , by regulation, shall
fix the fee for a nonresident of the state at not less than a fee of
three hundred fifty dollars ($350), as adjusted under Section 713.
The fee shall be deposited in the Big Game Management Account
established in Section 3953 and, upon appropriation by the
Legislature, shall be expended, in addition to moneys budgeted for
salaries of persons in the department as set forth in Section 3953.
(c) The commission shall direct the department to annually
authorize not less than one antelope tag or more than 1 percent of
the total number of tags available for the purpose of raising funds
for programs and projects to benefit antelope. These tags may be sold
at auction to residents or nonresidents of the state or by another
method and are not subject to the fee limitation prescribed in
subdivision (b). All Except as provided in
Section 709, all revenues from sales pursuant to this
subdivision shall be deposited in the Big Game Management Account
established in Section 3953 and, upon appropriation by the
Legislature, shall be expended as set forth in that section.
(d) The commission shall direct the department to annually
authorize one antelope tag of the total number of tags available for
issuance to nonresidents of the state.
SEC. 2. Section 332 of the Fish and
Game Code is amended to read:
332. (a) The commission may determine and fix the area or areas,
the seasons and hours, the bag and possession limit, and the number
of elk that may be taken under rules and regulations that the
commission may adopt from time to time. The commission may authorize
the taking of tule elk if the average of the department's statewide
tule elk population estimates exceeds 2,000 animals, or the
Legislature determines, pursuant to the reports required by Section
3951, that suitable areas cannot be found in the state to accommodate
that population in a healthy condition.
(b) Only a person possessing a valid hunting license may obtain a
tag for the taking of elk.
(c) The department may issue an elk tag upon payment of a fee. The
fee for a tag shall be one hundred sixty-five dollars ($165) for a
resident of the state, as adjusted under Section 713. On or before
July 1, 2007, the commission shall , by
regulation, shall fix the fee for a nonresident of the
state at not less than one thousand fifty dollars ($1,050), as
adjusted under Section 713. The fees shall be deposited in the Big
Game Management Account established in Section 3953 and, upon
appropriation by the Legislature, shall be expended, in addition to
moneys budgeted for salaries of the department , as set
forth in Section 3953.
(d) The commission shall annually direct the department to
authorize not more than three elk hunting tags for the purpose of
raising funds for programs and projects to benefit elk. These tags
may be sold at auction to residents or nonresidents of the state or
by another method and are not subject to the fee limitation
prescribed in subdivision (c). All Except as
provided in Section 709, revenues from sales pursuant to this
subdivision shall be deposited in the Big Game Management Account
established in Section 3953 and, upon appropriation by the
Legislature, shall be expended as set forth in that section.
(e) The commission shall direct the department to annually
authorize one elk tag of the total number of tags available for
issuance to nonresidents of the state.
SECTION 1. SEC. 3. Section
715 708 is added to the Fish and Game Code, to
read:
715. 708. The Legislature hereby
finds and declares all of the following:
(a) The National Survey of Fishing, Hunting, and
Wildlife-Associated Recreation has been conducted since 1955 and is
one of the oldest and most comprehensive continuing recreation
surveys.
(b) The 2006 National Survey of Fishing, Hunting, and
Wildlife-Associated Recreation found all of the following:
(1) Eighty-seven million five hundred thousand United States
residents 16 years of age and older participated in
wildlife-dependent recreation.
(2) Individuals participating in wildlife-dependent recreation
spent one hundred twenty-two billion three hundred million dollars
($122,300,000,000) in 2006 on their activities, which equated to 1
percent of the gross domestic product.
(3) Hunters and anglers spent seventy-six billion six hundred
million dollars ($76,600,000,000), while wildlife viewers spent
forty-five billion seven hundred million dollars ($45,700,000,000).
(4) Seven million four hundred thousand California residents and
nonresidents 16 years of age and older fished, hunted, or viewed
wildlife in this state.
(5) State residents and nonresidents spent $8 billion on
wildlife-dependent recreation in this state.
(c) The Department of Fish and Game
department reported that, in 2006, hunters and anglers spent
seventy-eight million dollars ($78,000,000) on licenses, stamps,
tags, and access fees.
(d) Revenue generated by wildlife-dependent recreational
activities plays an exceedingly important role in California's
economy.
(e) Revenue generated by hunters is critical to the department's
ability to protect, enhance, and manage wildlife habitat.
SEC. 2. SEC. 4. Section
715.1 709 is added to the Fish and Game Code, to
read:
715.1. 709. (a) The department
shall permit authorize a nonprofit
organization that is designated by the department
and , that is associated with the sale
of deer , elk, antelope, or bighorn sheep fundraising
tags that are sold on behalf of the department for the purpose
of raising funds for specified programs and projects pursuant to
subdivision (a) of Section 4334 and (c) of
Section 331, subdivision (d) of Section 332, subdivision (a) of
Section 4334, or subdivision (d) of Section 4902 , to
retain the lesser of that organization's administrative costs of
selling the tag or 10 percent of the amount for which the tag is
sold.
(b) The total amount retained from a sale pursuant to subdivision
(a) shall not exceed the lesser of the administrative costs of that
sale or 10 percent of the amount of the sale.
SEC. 3. SEC. 5. Section 3953 of the
Fish and Game Code is amended to read:
3953. (a) The Big Game Management Account is hereby established
within the Fish and Game Preservation Fund.
(b) Notwithstanding Except as provided in
Section 715.1 709 , all revenues
from the sale of antelope, elk, deer, wild pig, bear, and sheep tags,
including any fundraising tags, shall be deposited in the Big Game
Management Account with the receipt and expenditure of these
funds accounted for separately to allow separate
accountability for the receipt and expenditure of these funds .
(c) Funds deposited in the Big Game Management Account shall be
available for expenditure upon appropriation by the Legislature to
the department solely for the purposes described in this section. As
the primary purpose of the Big Game Management Account, the
department shall expend these funds for the purposes set forth in
Sections 3951 and 3952, and Chapter 5 (commencing with Section 450)
of Division 1, Chapter 7 (commencing with Section 4650), and Chapter
11 (commencing with Section 4900), including acquiring land,
completing projects, and implementing programs to benefit antelope,
elk, deer, wild pigs, bear, and sheep, and expanding public hunting
opportunities and related public outreach. Any land acquired with
funds from the Big Game Management Account shall be acquired in fee
title or protected with a conservation easement and, to the extent
possible, be open or provide access to the public for antelope, elk,
deer, wild pig, bear, or sheep hunting. The department may also use
funds from the Big Game Management Account to pay for administrative
and enforcement costs of the programs and activities described in
this section. The amount allocated from the account for
administrative costs shall be limited to the reasonable costs
associated with administration of the programs and activities
described in this section.
(d) The department may make grants to, reimburse, or enter into
contracts or other agreements as defined in subdivision (a) of
Section 1571 with, nonprofit organizations for the use of the funds
from the Big Game Management Account to carry out the purposes of
this section, including related habitat conservation projects.
(e) An advisory committee, as determined by the department, that
includes representatives of interested nonprofit
organizations that have goals and objectives directly related to the
management and conservation of big game species and primarily
represent the interests of persons licensed pursuant to Section 3031
shall review and provide comments to the department on all proposed
projects, and administrative and enforcement expenditures funded from
the Big Game Management Account to help ensure that the requirements
of this section have been met. The department shall post budget
information and a brief description on an Internet Web site for all
expenditures from the Big Game Management Account.
(f) Big game projects authorized pursuant to this section are not
subject to Part 2 (commencing with Section 10100) of Division 2 of
the Public Contract Code or Article 6 (commencing with Section 999)
of Chapter 6 of Division 4 of the Military and Veterans Code.
(g) The department shall maintain the internal accountability
necessary to ensure compliance with the collection, deposit, and
expenditure of funds specified in this section.
SEC. 4. SEC. 6. Section 4334 of the
Fish and Game Code is amended to read:
4334. (a) The commission shall annually direct the department to
authorize, pursuant to Section 1054.8, the sale of not more than 10
deer tags for the purpose of raising funds for programs and projects
as set forth in Section 3953. Except as provided in Section
715.1 709 , all revenue from the sale of tags
pursuant to this section shall be deposited in the Big Game
Management Account established in Section 3953 and, upon
appropriation by the Legislature, shall be expended as set forth in
that section.
(b) These tags may be sold to residents or nonresidents of the
State of California at auction or by any other method and are not
subject to the fees prescribed by Section 4332.
(c) These funds shall augment, not supplant, any other funds
appropriated to the department for the preservation, restoration,
utilization, and management of deer. All The
seller shall remit all revenues derived from the sale of these
tags shall be remitted to the department
by the seller .
SEC. 5. SEC. 7. Section 4902 of the
Fish and Game Code is amended to read:
4902. (a) The commission may adopt all regulations necessary to
provide for biologically sound management of Nelson bighorn sheep
(subspecies Ovis canadensis nelsoni).
(b) (1) After the plans developed by the department pursuant to
Section 4901 for the management units have been submitted, the
commission may authorize sport hunting of mature Nelson bighorn rams.
Before authorizing the sport hunting, the commission shall take into
account the Nelson bighorn sheep population statewide, including the
population in the management units designated for hunting.
(2) Notwithstanding Section 219, the commission shall not
, however, adopt regulations authorizing the sport hunting
in a single year of more than 15 percent of the mature Nelson
bighorn rams in a single management unit, based on the department's
annual estimate of the population in each management unit.
(c) The fee for a tag to take a Nelson bighorn ram may be
determined by the commission, but shall not exceed five hundred
dollars ($500). Fee revenues shall be deposited in the Big Game
Management Account established in Section 3953 and, upon
appropriation by the Legislature, shall be expended as set forth in
that section.
(d) The commission shall annually direct the department to
authorize not more than three of the tags available for issuance that
year to take Nelson bighorn rams for the purpose of raising funds
for programs and projects to benefit Nelson bighorn sheep. These tags
may be sold to residents or nonresidents of the State of California
at auction or by another method and shall not be
are not subject to the fee limitation prescribed in
subdivision (c). Commencing with tags sold for the 1993 hunting
season, if more than one tag is authorized, the department shall
designate a nonprofit organization organized pursuant to the laws of
this state, or the California chapter of a nonprofit organization
organized pursuant to the laws of another state, as the seller of not
less than one of these tags. The number of tags authorized for the
purpose of raising funds pursuant to this subdivision, if more than
one, shall not exceed 15 percent of the total number of tags
authorized pursuant to subdivision (b). Except as provided in Section
715.1 709 , all revenue from the sale
of tags pursuant to this subdivision shall be deposited in the Big
Game Management Account established in Section 3953 and, upon
appropriation by the Legislature, shall be expended as set forth in
that section.
(e) No A tag issued pursuant to this
section shall not be valid unless and until the licensee
has successfully completed a prehunt hunter familiarization and
orientation and has demonstrated to the department that he or she is
familiar with the requisite equipment for participating in the
hunting of Nelson bighorn rams, as determined by the commission. The
department shall conduct orientation shall be
conducted by the department at convenient locations and
times preceding each season, as determined by the commission.