BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1249|
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THIRD READING
Bill No: SB 1249
Author: Wolk (D)
Amended: 5/29/12
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM : 5-0, 4/10/12
AYES: Pavley, Cannella, Kehoe, Padilla, Wolk
NO VOTE RECORDED: La Malfa, Evans, Fuller, Simitian
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/24/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
SUBJECT : Department of Fish and Game: lands:
expenditures
SOURCE : Author
DIGEST : This bill allows the Department of Fish and Game
(DFG) to enter into contracts with nonprofit conservation
groups for the management and operation of DFG-managed
lands, require that a fee be collected for the use of
DFG-managed lands, and requires that the county's
expenditures of Fish and Game penalty revenues be expended
for fish and wildlife purposes.
ANALYSIS : Existing law:
1.DFG may accept donations of land or may otherwise acquire
lands or non-marine waters for several purposes including
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wildlife management areas, public shooting grounds,
ecological reserves, and others.
2.DFG is required to operate its lands on a nonprofit basis
and to accommodate multiple uses, including hunting and
fishing. Section 1528 mentions camping, picnicking,
boating, or swimming as possible other activities.
3.The California Fish and Game Commission (FGC) may charge
fees for any use privilege at these lands.
4.A separate provision allows DFG to issue annual or
per-day wildlife area passes. Annual passes are $10. Day
passes are $2. Persons with valid hunting, trapping, or
fishing licenses are exempt as are school group tours and
persons under 16.
5.Many fines and forfeitures established in the Fish and
Game Code are evenly divided between the state and the
county where the fine was collected.
This bill:
1.Allows DFG to enter into agreements with non-profits for
the management and operation of DFG lands. This bill
also requires an entrance fee be charged on all users of
DFG lands except if that user has a valid hunting, sports
fishing, or trapping license. The amount of the fees
would be determined by the Fish and Game Commission
(FGC); however, DFG may allow free access if it finds
that it is in the best interest of that area. Entrance
fee revenues would be deposited in to the Fish and Game
Preservation Fund and continuously appropriated to DFG
for the management and operation of the lands. At least
35 percent of the entrance fee would be required to be
spent on the lands from which the fee was collected.
2.Requires that any fee and penalty revenues received by a
county be expended only after the expenditure is reviewed
first at a regular meeting of the board of supervisors or
its designated county fish and game commission.
Background
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DFG manages 711 properties throughout California,
encompassing more than one million acres, including 408
wildlife areas, ecological reserves, hatcheries, and public
access lands. Entrance fees are only charged at 19 of
these areas which result in approximately $2.5M in use
revenue annually. DFG is significantly underfunded for the
management of its lands with some areas receiving very
minimal management attention. Except for the 19 areas which
currently charge an entrance fee, management costs are
largely supported by hunting and licensing fees, despite
the fact that the lands are also used by non-consumptive
users (e.g. birdwatchers, hikers, campers). Revenues from
entrance fees are collected and deposited into the Native
Species Conservation Enhancement Account and used to
supplement the costs of wildlife management programs.
According to DFG, 100 percent of the entrance fees
collected are returned to the property at which they were
collected for management of that property. Entrance fees
which are collected under the authority granted to DFG
under �1764 and 1765 of the Fish and Game Code cannot be
collected until that property has a management plan.
Counties currently receive a portion of all fines and
penalties generated from violations of the Fish and Game
Code. A county is required to deposit these funds into a
county fish and wildlife propagation fund and may only
expend these monies for the protection, conservation,
propagation, and preservation of fish and wildlife as
specified in Section 13103 of the Fish and Game Code.
According to the author, in one county, it was found that
the revenues were being used to supplement salaries in its
sheriff's office, which is not consistent with Section
13103.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
One-time costs of $200,000 to $300,000 from the Fish and
Game Preservation Account (special fund) for the Fish and
Game Commission (FGC) to evaluate all DFG-managed lands
for appropriate entrance fees.
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Unknown, but potentially tens of thousands of dollars,
from the Fish and Game Preservation Account (special
fund) for the collection and enforcement of entrance
fees. These costs may be fully offset by unknown fee
revenues, but potentially up to $7.5 million dollars.
Unknown, but likely minor and absorbable costs from the
Fish and Game Preservation Account for reimbursement of
board of supervisor meetings required to review proposed
expenditures of penalty revenues.
SUPPORT : (Verified 4/10/12) (per Senate Natural
Resources and Water Committee analysis - unable to reverify
at time of writing)
California Waterfowl Association
California Outdoor Heritage Alliance
CTW:nl 5/29/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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