BILL ANALYSIS �
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THIRD READING
Bill No: AB 2105
Author: Frazier (D)
Amended: 7/2/14 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 7-0, 6/10/14
AYES: Pavley, Cannella, Evans, Hueso, Lara, Monning, Wolk
NO VOTE RECORDED: Fuller, Jackson
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 77-0, 4/21/14 - See last page for vote
SUBJECT : Big game mammals: bighorn sheep
SOURCE : California Chapter of the Wild Sheep Foundation
DIGEST : This bill 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.
ANALYSIS :
Existing law:
1.Requires all revenues from the sale of antelope, elk, deer,
wild pig, bear, and sheep tags, including any fundraising
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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 the 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 Fish and Game Commission (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
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.
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 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
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date of the sale, to send the DFW 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.
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 FGC by July 1, 2015, to fix the fee for a nonresident tag,
by regulation, at not less than $1,500, which will 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.
Background
California is home to two distinct subspecies of bighorn sheep:
the Sierra Nevada (Ovis canadensis sierrae) and the Nelson.
Nelson bighorns are charismatic mammalian megafauna found in the
dry desert mountains of southeastern California. Due to
conservation measures initiated in the 1960s, total Nelson
bighorn populations doubled to about 4,000 individuals by 1993
(the historical number of bighorn sheep is unknown).
Conversely, the peninsular population of Nelson bighorns has
experienced declines. Because peninsular Nelson and Sierra
Nevada bighorns are protected under both the federal and state
Endangered Species Acts, only a certain portion of the Nelson
subspecies is available for taking.
The process for obtaining a big game tag differs depending on
the species and type of tag. An individual may acquire up to
two deer tags per year through outright purchase or through
entering drawings for special tags. Antelope, elk, and bighorn
sheep tags are primarily allocated via a drawing system and
purchased for a set amount. In addition, the FGC must direct
the DFW to annually reserve a specified amount of deer,
antelope, elk, and bighorn sheep game tags for fundraising
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auctions that are often executed through nonprofit conservation
groups supporting the interests of hunters. Statute limits the
number of available auction tags for antelope, elk, deer, and
bighorn sheep to a maximum of 1% of total available tags, 3, 10,
and 3 tags respectively. The actual number issued depends on
conservation status of each species. Each fall, the DFW
requests proposals from interested conservation nonprofit
organizations to auction these tags. Auction tags are not
subject to fee limits and have typically sold for around
$50,000-100,000 per bighorn sheep tag or $5,000-20,000 for other
tags. During the most recent auction period, a coveted bighorn
tag sold for $170,000.
License fees available from non-government agents include a 5%
license agent handing fee levied on the base fee.
Although populations of antelope, elk, and deer have somewhat
increased since the Gold Rush (1848-1855), current numbers are
far lower than historical values. For example, deer populations
peaked in the 1960s at 700,000-1,000,000 individuals and have
since slowly declined. The DFW scientists attribute this trend
to long-term habitat degradation.
In 2012, SB 1166 (Berryhill) contained nearly identical language
allowing nonprofits to recoup their costs or up to 10% of the
sale price. The DFW opposed this legislation due to concerns
that federal entities might see this retention as a diversion of
funds, placing $10 million in federal funding in jeopardy. The
bill was amended against the wishes of the author to change the
vendor fee to a flat 2% in the Assembly Appropriations
Committee, and died on the Assembly Inactive File.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/1/14)
California Chapter of the Wild Sheep Foundation (source)
Black Brant Group
California Deer Association
California Sportsman's Lobby
California Waterfowl Association
Gaines & Associates
Mule Deer Foundation
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Outdoor Sportsmen's Coalition of California
Safari Club International
OPPOSITION : (Verified 7/1/14)
Public Interest Coalition
ARGUMENTS IN SUPPORT : The California Chapter of the Wild
Sheep Foundation (CA WSF) state that the price of a non-resident
sheep tag has been set in statute at $500 and has not been
allowed to increase with inflation or demand since 1986. This
bill would "bring the cost of a non-resident sheep tag current
with inflation, in-line with the cost of similar non-resident
sheep tags in other states, and allow it to adjust annually with
inflation and demand." In addition, CA WSF asserts that DFW
looks to hunting-related nonprofit conservation organizations to
partner in the sale of tags within the community having the
greatest interest to generate the absolute highest return.
Rising costs of this partnership are an increasing disincentive
for these nonprofits to partner with DFW.
The California Sportsman's Lobby, Outdoor Sportsmen's Coalition
of California, and Safari Club International (SCI) argue that
allowing a non-profit organization selling a deer, elk,
antelope, or bighorn sheep fundraising tag to keep 5% of the
sales price as a vendor fee, plus credit card costs, is
"appropriate." They contend that, "the ability to recover tag
sales overhead costs will encourage more qualified SCI chapters
to participate in this fundraising program for the department
[DFW] and to expend a maximum effort to realize the most revenue
possible."
ARGUMENTS IN OPPOSITION : The Public Interest Coalition argues
that this bill will wrongly reduce California government's
revenue streams with sales commissions and fees. If private
vendors sell tags, then commissions and applicable credit card
fees must be added to the final cost to ensure no net loss in
fees to the state. The coalition also questions the findings
and declarations, stating that they rely on a suspect survey
that was coordinated by the U.S. Fish and Wildlife Service, but
was requested by the Association of Fish and Wildlife Agencies,
rendering the results biased. In addition, they note that the
percentage of Californians purchasing hunting licenses and tags
is less than 1%.
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ASSEMBLY FLOOR : 77-0, 4/21/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Medina, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Mansoor, Melendez, Vacancy
RM:e 7/2/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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