BILL NUMBER: SB 1249	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wolk

                        FEBRUARY 23, 2012

   An act to amend Section 1528 of the Fish and Game Code, relating
to fish and wildlife resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1249, as introduced, Wolk. Department of Fish and Game: lands.
   Existing law requires the Department of Fish and Game to operate
lands, or lands and water, acquired for public shooting grounds,
state marine recreational management areas, or wildlife management
areas on a nonprofit basis (collectively, department-operated lands).
Existing law states that multiple recreational use of wildlife
management areas is desirable and requires the Fish and Game
Commission to encourage multiple recreational use. Existing law
authorizes the commission to determine and fix the amount of, and
authorizes the department to collect, fees for any use privileges.
Existing law restricts shooting permits for department-operated lands
to persons holding valid hunting licenses.
   This bill would authorize the department to enter into contracts
or other agreements with nonprofit conservation groups for the
management and operation of department-managed lands, defined to
include public shooting grounds, state marine recreational management
areas, and wildlife management areas. The bill would state that
hunting, fishing, wildlife viewing, wildlife photography,
conservation education, and fish and wildlife research are the
priority uses compatible with wildlife management areas, and would
prohibit other uses in wildlife management areas unless specifically
authorized by regulations adopted by the commission. The bill would
authorize the commission to require the purchase of a special use
permit for those other uses in wildlife management areas as provided
in regulations adopted by the commission and subject to terms and
conditions imposed by the department. The bill would require the
purchase of an entry permit as provided in regulations adopted by the
commission for access to department-managed lands for uses other
than hunting and fishing, as defined, except as provided.
   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 1528 of the Fish and Game Code is amended to
read:
   1528.   Lands, or   (a)    
As used in this section: 
    (1)     "Department-managed lands" include
lands, or  lands and water, acquired for public shooting
grounds, state marine (estuarine) recreational management areas,
 or  and  wildlife management areas
 shall   .  
   (2) "Hunting" and "fishing" together mean the take of any game
bird, game mammal, furbearer, fish, or nongame species in accordance
with this code and regulations adopted pursuant to this code. 
    (b)     Department-managed l  
ands shall  be operated on a nonprofit basis by the department.
 Multiple   The department may enter into
contracts or other agreements with nonprofit conservation groups for
the management and operation of department-managed lands. 
    (c)     Multiple  recreational use of
wildlife management areas is desirable and that use shall be
encouraged by the commission. Except for hunting and fishing
purposes, only minimum facilities to permit other forms of multiple
recreational use, such as camping, picnicking, boating, or swimming,
shall be provided.  Except 
    (d)     Except  as provided in Section
1765, and to defray the costs associated with multiple use, the
commission may determine and fix the amount of, and the department
shall collect, fees for any use privileges. However, tours by
organized youth and school groups are exempt from the payment of
those fees. Only persons holding valid hunting licenses may apply for
or obtain shooting permits for public shooting grounds, state marine
(estuarine) recreational management areas, or wildlife management
areas. 
   (e) (1) Hunting, fishing, wildlife viewing, wildlife photography,
conservation education, and fish and wildlife research are the
priority uses compatible with wildlife management areas.  
   (2) Uses not listed in paragraph (1) are prohibited in wildlife
management areas unless specifically authorized by regulations
adopted by the commission. The commission may require the purchase of
a special use permit for uses in wildlife management areas not
listed in paragraph (1), as provided in regulations adopted by the
commission and subject to terms and conditions imposed by the
department.  
   (f) The purchase of an entry permit as provided in regulations
adopted by the commission shall be required to access all
department-managed lands for uses other than hunting and fishing. The
user shall have the entry permit in his or her immediate possession
while on department-managed lands. A person in possession of a valid
hunting license, a sport fishing license, or a trapping license shall
be exempt from the payment of an entry permit fee.  
   (g) Notwithstanding subdivision (f), the commission may continue
to allow free access to an area of department-managed lands if the
commission finds that the best interest of that area would be served
through not collecting the entrance fee. This finding may be based
upon evidence, including, but not limited to, that the department
would actually lose money by charging the fee.