BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: SB 1434 HEARING DATE: April 29, 2014
AUTHOR: Wolk URGENCY: No
VERSION: April 22, 2014 CONSULTANT: Toni Lee
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Funding of fish and wildlife programs: State Duck Stamp
Account advisory committee.
BACKGROUND AND EXISTING LAW
Existing law, the Federal Aid in Wildlife Restoration Act of
1937 (commonly known as Pittman-Robertson), establishes an 11%
excise tax on sporting arms and ammunition. Monies collected are
deposited in the Wildlife Restoration Account and are used for
administrative costs, the Multistate Conservation Grant Program,
and hunter education programs. The remaining Pittman-Robertson
(PR) funds are appropriated to the Secretary of the Interior and
apportioned to states through the Wildlife Restoration Program
using a formula based on the area of the state and its number of
licensed hunters. These monies may fund up to 75% of projects
relating to the acquisition and improvement of wildlife habitat,
the introduction of wildlife into habitat, research, public
access facilities, and hunter education programs (a minimum 25%
state cost share is required). The PR Act allows its funds to be
used for any species of wild bird or mammal, whether game or
non-game.
Recently, sales of guns and ammunition have soared. In 2012 and
2013, California was eligible to receive an estimated total of
$12.5 M in PR funds, about 82% of which was categorized as
wildlife funds and 18% of which was allocated for hunter
education. In 2014, California is eligible to receive
approximately $25 M in PR funds.
The federal Fish and Wildlife Service (FWS) states that many
PR-funded projects benefit non-hunting activities including
birdwatching, nature photography, and painting. Approximately
26% of PR funding to states is used for surveys and research.
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Moreover, FWS reports that recent estimates indicate about 70%
of people using wildlife management areas are not hunting. In
some localities, this ratio may reach 95%.
Existing law also establishes the Department of Fish and
Wildlife (DFW) (Fish and Game Code (FGC) �700) and allows DFW to
acquire and operate real property as wildlife management areas.
These areas include waterfowl management areas, deer ranges,
upland game bird management areas, and public shooting grounds
(FGC �1525).
As repeatedly noted during the process that culminated in the
release of the California Fish and Wildlife Strategic Vision in
April 2012, DFW has repeatedly experienced difficulty fulfilling
its mandates due to a lack of resources. In 2006, for example,
the Legislature declared that a lack of funding to DFW
conservation activities other than sport and commercial fishing
and hunting activities has resulted in inadequate wildlife and
habitat conservation and wildlife protection programs (FGC
�710).
The Legislature has also found and declared that the costs of
hunting and sport fishing programs shall be provided out of
monies received from or for hunting and sport fishing programs
and other funds appropriated by the Legislature for this
purpose, and that these funds should not be applied to
commercial fishing programs, free hunting and fishing license
programs, or nongame fish and wildlife programs (FGC
�711(a)(3)). The section also expresses legislative intent that
funding for nongame fish and wildlife programs shall be provided
through the General Fund and sources other than the Fish and
Game Preservation Fund (FGPF) (FGC �711(a)(1)).
Existing law also declares that hunting, fishing, wildlife
viewing, wildlife photography, conservation education, and fish
and wildlife research are priority uses compatible with
non-ecological reserve department-managed lands (FGC
�1745(d)(1)).
Existing law (FGC �3701 et seq.) establishes the State Duck
Stamp Account and requires that:
Monies from this account be used for projects related to
waterfowl preservation, habitat restoration, assessments,
and research.
The Fish and Game Commission must analyze each project
using these funds
Any lands acquired in California with funds allocated
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for certain migrating waterfowl be open to waterfowl
hunting.
In 2010, SB 1058 established the Upland Game Bird Account (FGC
�3684) and the Big Game Management Account (FGC �3953) for
proceeds from the sale of game tags, validations, and stamps to
fund land acquisitions, programs benefiting game bird and big
game species, and the expansion of public hunting opportunities
(Harman, Ch. 408, Stats. 2010). SB 1058 also established
advisory committees for each account. These committees review
and provide comments to the department on all projects funded
through either account to ensure that funds be used solely for
projects benefitting specified game species (upland birds,
antelope, elk, deer, wild pig, bear, or sheep) and expanding
public hunting opportunities.
PROPOSED LAW
This bill:
1. Requires that the expenditure of PR monies be consistent
with uses allowable under the PR Act
2. Requires that the expenditure of PR monies fulfill at
least one of the following purposes:
Management of DFW's wildlife areas and/or other
lands open to public hunting or non-game
wildlife-related recreation, education, and research
Conservation and scientific research of wildlife
Support of hunting-related programs such as
hunter education, public access, and target shooting
1. Establishes the State Duck Stamp Account advisory
committee
2. Requires DFW to:
Post on the department website a description and
budget for projects receiving PR funds
Consult with the Upland Game Bird Account, State
Duck Stamp Account, and Big Game Management Account
advisory committees regarding relevant programs
receiving PR funds
ARGUMENTS IN SUPPORT
The California Waterfowl Association (CWA) contend that this
bill would require that expenditure of PR monies be "subject to
review and comment by stakeholder conservation groups." They
argue that SB 1434 would expand existing annual consultation
with advisory committees to include projects funded with PR
monies. The bill would also establish the Duck Stamp Advisory
Committee in the FGC. According to CWA, this committee has
operated successfully for many years and provides annual
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recommendations to DFW on the use of Duck Stamp funds.
The California Rice Commission (CRC) is concerned with "overall
quality of waterbird populations" and has a natural interest in
the quality of habitat in wetlands adjacent to rice areas. They
assert that these protected areas serve as important
"alternative habitat for waterfowl to use" as their crop
matures. Federal grant dollars not only fund hunting-related
programs, but also support critical wildlife conservation
efforts such as the operation and maintenance of the State's
Wildlife Management Areas as well as game species research
projects. CRC supports the bill as it would make PR monies
available for those purposes.
ARGUMENTS IN OPPOSITION
None Received
COMMENTS
1.The bill does not restrict PR fund use to hunting-related
programs. The FWS reports that a high percentage of PR funds
are used to support programs with significant non-game
benefits. Certain game conservation programs, such as the
management of wildlife areas, may intrinsically benefit both
game and non-game species.
2.The Upland Game Bird Account and Big Game Management Account
advisory committees include nonprofit organizations
representing the interest of licensed hunters with goals
related to the management and conservation of game species .
Through requiring that DFW consult these advisory committees
in the execution of any PR-funded projects, it is possible
that future PR-funded projects may not take into adequate
consideration the interests of other parties. However, DFW
already consults with and provides budgetary information to
the advisory committees. This provision would simply codify
current practice.
3.DFW reports that the 25% matching funds necessary to receive
PR monies are typically drawn from the FGPF . The Big Game
Management, State Duck Stamp, and Upland Game Bird Accounts
are also used to provide matching funds. The state submits an
invoice to the federal government to receive the remaining
75%. These PR monies are not deposited in any state accounts
including the FGPF.
4.Potential future amendments . Should the bill move forward, the
committee may request that the bill be brought back for
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further review if substantive amendments are made.
SUPPORT
California Waterfowl Association (Sponsor)
California Rice Commission
California Sportsman's Lobby
Outdoor Sportsmen's Coalition of California
Safari Club International
The following letters were received in support of the February
21, 2014 version of SB 1434:
California Rifle and Pistol Association
Audubon California
Ducks Unlimited
Pheasants Forever
Quail Forever
OPPOSITION
None Received
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