BILL ANALYSIS �
AB 2105
Page 1
ASSEMBLY THIRD READING
AB 2105 (Frazier)
As Amended April 2, 2014
Majority vote
WATER, PARKS & WILDLIFE 13-0
APPROPRIATIONS 16-0
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|Ayes:|Allen, Bocanegra, Dahle, |Ayes:|Gatto, Bigelow, Allen, |
| |Fong, Frazier, Beth | |Bocanegra, Bradford, Ian |
| |Gaines, Gatto, Gomez, | |Calderon, Campos, Eggman, |
| |Gonzalez, Gray, | |Gomez, Holden, Linder, |
| |Patterson, Rodriguez, | |Pan, Quirk, |
| |Yamada | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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, 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 within the Fish
and Game Preservation Fund.
3)Requires the nonprofit selling the tags, within 30 days of the
date of the sale, to send DFW 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
nonprofit as a vendor's fee. Clarifies that if the buyer of
the tag paid with a credit card, the nonprofit may also deduct
AB 2105
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the amount of the credit card fee from the selling price,
provided a documented accounting of the fee is provided.
4)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.
5)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 :
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 three of
the tags available for issuance that year to be sold at
auction for the purpose of raising funds for programs and
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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 : According to the Assembly Appropriations
Committee:
1)Minor revenue decreases in the $30,000 (Big Game Management
Account) range for the nonprofit vendor fees. Revenue
generated from big-game license tags for fundraising averages
about $330,000 per year. The resulting revenue loss estimate
is based on the 5% sales price retention and 2.5% credit card
transaction fee.
2)Minor revenue increases of less than $2,000 (Big Game
Management Account) initially from increases in the Nelson big
horn ram hunting tags increasing in subsequent years due to
annual price adjustments.
COMMENTS : According to the author, this bill is intended to
accomplish two objectives:
1)It would 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.
2)It would bring nonresident 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 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.
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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.
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. There is no opposition on
file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0003136