BILL ANALYSIS �
AB 2105
Page 1
Date of Hearing: March 25, 2014
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Anthony Rendon, Chair
AB 2105 (Frazier) - As Introduced: February 20, 2014
SUBJECT : Big game mammals; Bighorn Sheep
SUMMARY : Authorizes a nonprofit organization designated by the
Department of Fish and Wildlife (DFW) to assist in the sale of
big game mammal hunting tags to retain 5% of the amount of the
sale price of the tag as a vendor fee to cover administrative
costs, and raises the fee for a nonresident Nelson bighorn ram
tag. Specifically, this bill :
1)Authorizes a nonprofit organization designated by the DFW to
assist in the sale of deer, elk, antelope, or bighorn sheep
fundraising tags on behalf of the DFW to retain 5% of the
amount of the sale price of the tag, plus any applicable
credit card fees, as a reasonable vendor fee.
2)Clarifies that with the exception of the above fee, 100% of
the sale price of antelope, elk, deer, wild pig, bear and
sheep tags, including any fundraising tags, shall be deposited
in the Big Game Management Account within the Fish and Game
Preservation Fund.
3)Requires that the fee for a tag to take a Nelson bighorn ram
shall be $400 for a resident of the state, adjusted annually
to reflect changes in the Implicit Price Deflator. Requires
the Fish and Game Commission (FGC) by July 1, 2015 to fix the
fee for a nonresident tag, by regulation, at not less than
$1,500, which would also be adjusted annually to reflect
changes in the Implicit Price Deflator.
4)States legislative findings and declarations regarding the
national survey of fishing, hunting and wildlife-associated
recreation, and the economic contributions of hunters,
fishers, and other wildlife-dependent recreation. Also states
legislative findings and declarations regarding demand for
desert bighorn sheep tags and associated fees which have not
been adjusted since 1986.
EXISTING LAW :
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1)Requires all revenues from the sale of antelope, elk, deer,
wild pig, bear, and sheep tags, including any fundraising
tags, to be deposited in the Big Game Management Account in
the Fish and Game Preservation Fund.
2)Establishes a state policy to encourage the preservation,
restoration, utilization and management of California's
bighorn sheep population. Requires DFW to determine the
status and trend of bighorn sheep populations by management
units, and to develop a plan for each unit.
3)Authorizes the FGC to adopt all regulations necessary to
provide for biologically sound management of Nelson bighorn
sheep. Authorizes the FGC to authorize sport hunting of
mature Nelson bighorn sheep rams, but prohibits the FGC from
authorizing the sport hunting in a single year of more than
15% of the mature Nelson bighorn rams in a management unit.
4)Requires the FGC to determine the fee for a tag to take a
Nelson bighorn ram, not to exceed $500. Requires the FGC to
direct the DFW annually to authorize not more than 3 of the
tags available for issuance that year to be sold at auction
for the purpose of raising funds for programs and projects to
benefit Nelson bighorn sheep. If more than one tag is
authorized for sale at auction the DFW shall designate a
nonprofit organization as the seller of not less than one of
the tags. Allows no more than 15% of the total number of tags
authorized to be issued to be sold at auction for higher
amounts.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, this bill is intended to
accomplish two objectives. The first is to allow a nonprofit
organization involved in the auctioning of big game hunting
tags, on behalf of DFW, to retain 5% of the amount of the sale
price of the tag, plus any applicable credit card fees, as a
reasonable vendor fee. The 5% is intended to allow the
nonprofit to cover its administrative costs so they do not lose
money on the auction.
The second objective of this bill is to bring non-resident
bighorn sheep tag prices up-to-date with inflation and also in
line with other states' tag prices. The bighorn sheep tag for
both residents and nonresidents in California has been set at no
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more than $500 since 1986. In comparison, the price for a
nonresident elk tag is $1,328. The author and sponsors indicate
that desert bighorn sheep tags are the most desired big game
mammal tag, and those sold at auction typically go for hundreds
of thousands of dollars. Only six states offer desert bighorn
sheep tags to nonresidents and they are under increasing demand
from hunters.
Bighorn sheep are divided into three subspecies, two of which
are found in California: Sierra Nevada bighorn sheep and Desert
bighorn sheep. Sierra bighorn have the most restricted range
and are listed as endangered under both the federal Endangered
Species Act and the California Endangered Species Act. The
peninsula population of Desert bighorn sheep is found in the
desert slopes of the Peninsula Range in San Diego, Riverside,
and Imperial Counties. This population is federally listed as
endangered. DFW manages hunting of other populations of Desert
bighorn sheep that DFW determines are healthy enough to tolerate
some harvest, through issuance of a limited number of hunting
tags. In 2013, 20 tags were offered for take of bighorn sheep
in the public draw.
This bill also revises the language of the statute by replacing
the reference to "all revenues from the sale" with the phrase
"100% of the sale price". The actual effect of this language
change is unclear. In order to ensure full and transparent
accounting of revenues from auction sales of hunting tags, staff
recommends that the language of this bill be amended as
described below.
Suggested Amendments : Amend Section 3953 (b) to read as
follows:
(b) Except as provided in Section 709, all revenues from the
sale 100 percent of the sale price of antelope, elk, deer, wild
pig, bear, and sheep tags, including any fundraising tags, shall
be deposited in the Big Game Management Account to permit
separate accountability for the receipt and expenditure of these
funds. Within thirty days of the date of the sale, the selling
NGO shall send the Department a check for 95% of the total
auction sale price of the tag, with an itemized receipt showing
the sale price and the 5% reduction retained by the NGO as a
venders fee. If the buyer of the tag paid with a credit card,
the NGO may also deduct the amount of the credit card fee from
AB 2105
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the selling price, provided a documented accounting of the fee
is provided .
Current law requires all revenues from the sale of the tags,
including fundraising tags, to be deposited in the Big Game
Management Account. The purpose of allowing a certain number of
tags to be sold at auction, as specified in Fish and Game Code
Section 4902 (d) is to raise funds for programs and projects
that benefit Nelson bighorn sheep. With the above amendment,
the bill would still allow the nonprofit to keep 5% of the sale
price to cover overhead costs, but would require the balance to
be deposited in the Big Game Management Account.
Support Arguments : Supporters note this bill would bring
nonresident tag fees for bighorn sheep tags in line with the
fees charged to nonresidents in other states. This bill will
also allow nonprofits that assist the state in auctioning these
tags at fundraising events to recoup their administrative costs.
REGISTERED SUPPORT / OPPOSITION :
Support
Wild Sheep Foundation, California Chapter (sponsor)
California Sportsman's Lobby, Inc.
Outdoor Sportsmen's Coalition of California
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096