BILL NUMBER: SB 1166 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2012
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 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 authorize a nonprofit
organization designated by the department, 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%
a vendor fee of 2% 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, 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). 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, 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). 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.
(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.
SEC. 3. Section 708 is added to the Fish and Game Code, to read:
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
eight billion dollars ($8,000,000,000) on
wildlife-dependent recreation in this state.
(c) The 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 Revenues generated by
wildlife-dependent recreational activities plays
play an exceedingly important role in California's
economy.
(e) Revenue Revenues generated by
hunters is are critical to the
department's ability to protect, enhance, and manage wildlife
habitat.
SEC. 4. Section 709 is added to the Fish and Game Code, to read:
709. (a) The department
shall authorize a nonprofit organization designated by the
department, 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 (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
a vendor fee of 2 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. 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) Except as provided in Section 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 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. 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 709, all
revenue revenues 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. The seller shall remit all
revenues derived from the sale of these tags to the department.
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 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 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 709, all revenue
revenues 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) 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 at convenient locations and times preceding each season,
as determined by the commission.