BILL NUMBER: SB 1191 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 2016
INTRODUCED BY Senator Berryhill
( Coauthors: Senators
Cannella, Fuller, Galgiani, and
Moorlach )
( Coauthors: Assembly Members
Bigelow, Frazier, and Gray )
FEBRUARY 18, 2016
An act to add Chapter 14 (commencing with Section 2950) to
Division 3 of the Fish and Game Code, relating to fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
SB 1191, as amended, Berryhill. Fish and wildlife: management
plans.
The California Constitution provides for the delegation to the
Fish and Game Commission powers relating to the protection and
propagation of fish and game. Existing statutory law delegates to the
commission the power to regulate the taking or possession of birds,
mammals, fish, amphibia, amphibians,
and reptiles in accordance with prescribed laws. Under existing law,
the Department of Fish and Wildlife exercises various functions with
regard to the taking of fish and wildlife. Under existing law, a
violation of the Fish and Game Code or of any rule, regulation, or
order made or adopted under the code is a crime.
Existing law, enacted as part of the Marine Life Management Act of
1998, generally establishes a comprehensive plan for the management
of marine life resources. Existing law requires the Department of
Fish and Wildlife to develop, and submit to the Fish and Game
Commission for its approval, a fishery management master plan, and
provides for the preparation and approval of fishery management
plans, which form the primary basis for managing California's sport
and commercial marine fisheries. Existing law authorizes regulations
that the commission adopts to implement a fishery management plan or
plan amendment for that fishery to make inoperative, in regard to
that fishery, any fishery management statute that applies to that
fishery.
This bill would establish a substantially
similar process for the management of wildlife resources on land and
the inland waters of the state. The bill would require the department
to develop and submit, on or before September 1, 2018, to the Fish
and Game Commission for its approval, a wildlife resources master
plan, and but would provide for the
preparation and approval of wildlife management plans,
plans by the department, which would form the
primary basis for managing these wildlife resources. The bill would
authorize regulations that the commission
department adopts to implement a wildlife management plan or
amendment to make inoperative, in regard to the resource, any
wildlife management statute that applies to the resource. Because a
violation of a regulation adopted by the commission
department would be a crime, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 14 (commencing with Section 2950) is added to
Division 3 of the Fish and Game Code, to read:
CHAPTER 14. CONSERVATION AND MANAGEMENT OF WILDLIFE ON LAND
AND INLAND WATERS
Article 1. General Policies
2950. (a) The Legislature finds and declares that the wild lands
of California and its rich wildlife resources are of great
environmental, economic, aesthetic, recreational, educational,
scientific, nutritional, social, and historic importance to the
people of California.
(b) It is the policy of the state to ensure the conservation,
sustainable use, and, where feasible, restoration of California's
wildlife resources for the benefit of all the citizens of the state.
The objective of this policy is to accomplish all of the following:
(1) Conserve the health and diversity of ecosystems and wildlife
resources.
(2) Allow and encourage only those activities and uses of wildlife
resources that are sustainable.
(3) Recognize the importance of the aesthetic, educational,
scientific, and recreational uses that do not involve the taking of
California's wildlife resources.
(4) Recognize the importance to the economy and the culture of
California sport hunting and fishing consistent with the wildlife
resource conservation policies of this chapter.
(5) Support and promote scientific research on ecosystems and
their components to develop better information on which to base
wildlife resource management decisions.
(6) Manage wildlife resources on the basis of the best available
scientific information and other relevant information that the
commission or department possesses or receives.
(7) Involve all interested parties, including, but not limited to,
individuals from the sport hunting and fishing communities,
landowners, tourism and recreation industries, wildlife conservation
organizations, local governments, wildlife scientists, and the
public, in wildlife resource management decisions.
(8) Promote the dissemination of accurate information concerning
the condition of, or management of, wildlife resources by seeking out
the best available information and making it available to the public
through the wildlife resources management process.
(9) Coordinate and cooperate with adjacent states, as well as with
Mexico and Canada, and encourage regional approaches to management
of activities and uses that affect wildlife resources. Particular
attention shall be paid to coordinated approaches to the management
of shared wildlife resources.
(c) The Legislature hereby recognizes the heritage and cultural
significance of hunting and fishing in California. The commission and
department shall, to the extent possible, assist in perpetuating and
supporting that heritage through policies and regulations,
including, but not limited to, educating the public about the
substantial food, economic, wildlife conservation, wildlife
management, and other public benefits of hunting and
fishing. fishing, and recruiting, retaining, and
reactivating hunters and fishers.
2951. (a) A regulation adopted pursuant to this chapter applies
only to the lands and inland waters of the state not governed
pursuant to Part 1.7 (commencing with Section 7050) of Division 6.
(b) The policies in this chapter apply only to wildlife management
plans and regulations adopted by the commission
department on or after January 1, 2017. No power is
delegated to the commission or the department by this chapter to
regulate wildlife resources other than wildlife resources for which
the commission or department had regulatory authority prior to
January 1, 2017.
(c) For purposes of this chapter, "wildlife" has the same meaning
as that term is used in Section 89.5, except that the term does not
include any species governed pursuant to Part 1.7 (commencing with
Section 7050) of Division 6.
Article 2. Wildlife Management Generally
2955. (a) The Legislature finds and declares that it is the
policy of the state that:
(1) California's hunting and fishing programs, and the resources
upon which they depend, are important to the people of the state and,
to the extent practicable, shall be managed in accordance with the
policies and other requirements of this chapter in order to ensure
the long-term economic, recreational, ecological, cultural, and
social benefits of those wildlife resources and the wildlife habitats
on which they depend.
(2) Programs for the conservation and management of the wildlife
resources of California shall be established and administered to
prevent overharvest, to rebuild depressed populations, to ensure
conservation, to facilitate long-term protection and, where feasible,
restoration of wildlife habitats, and to achieve the sustainable use
and enjoyment of the state's wildlife resources.
(3) Where a species is the object of hunting or fishing, a
sufficient resource shall be maintained to support a reasonable sport
use, taking into consideration the necessity of regulating
individual programs at a level that is sufficient to provide a
satisfying sport.
(4) Hunters and anglers have historically provided the most
significant source of funding for game species conservation efforts,
hunting and fishing programs, and the management activities of the
department's state wildlife areas through hunting and fishing
licenses, stamps and validations, as well as sporting arms and
munitions excise taxes generated through the federal
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. Sec. 669 et
seq.). The department shall pursue funding sufficient to cover the
costs of nonhunting and fishing programs and nongame programs.
(b) In order to achieve the primary wildlife management goal of
sustainability, every hunting and fishing resource under the
jurisdiction of the state shall be managed under a system whose
objectives include all of the following:
(1) The hunting or fishing program is conducted sustainably so
that long-term health of the resource is not sacrificed in favor of
short-term benefits.
(2) The health of wildlife habitat is maintained and, to the
extent feasible, habitat is restored and, where appropriate, is
enhanced.
(3) Depressed wildlife resources are rebuilt to the highest
sustainable yields consistent with environmental and habitat
conditions.
(4) The wildlife management system allows hunting and fishing
participants to propose methods to prevent or reduce excess effort
relative to sustainable levels.
(5) Management of a species that is the target of both sport and
commercial activities shall be closely coordinated.
(6) Wildlife management decisions are adaptive and are based on
the best available scientific information and other relevant
information that the commission or department possesses or receives,
and the commission and department have available to them essential
resource information on which to base their decisions.
(7) The management decisionmaking process is open and seeks the
advice and assistance of interested parties so as to consider
relevant information, including local knowledge.
(8) The wildlife management system supports the long-term
interests of people dependent on hunting and fishing for food,
livelihood, or recreation.
(9) Any adverse impacts of wildlife management on small-scale
wildlife resources, communities, and local economies are minimized,
to the extent practical.
(10) Collaborative and cooperative approaches to management,
involving participants, wildlife scientists, and other interested
parties are strongly encouraged, and appropriate mechanisms are in
place to resolve disputes such as access, allocation, and gear
conflicts.
(11) The management system is proactive and responds quickly to
changing environmental conditions or other socioeconomic factors and
to the concerns of resource participants.
(12) The management system is periodically reviewed for
effectiveness in achieving sustainability goals and for fairness and
reasonableness in its interaction with people affected by management.
2956. Any wildlife management regulation adopted by the
commission department shall, to the extent
practicable, conform to the policies of Section 2955.
2957. (a) The Legislature finds and declares all of the
following:
(1) Successful wildlife management is a collaborative process that
requires a high degree of ongoing communication and participation of
all those involved in the management process, particularly the
commission, the department, and those who represent the people and
resources that will be most affected by wildlife management
decisions, especially hunting and fishing participants and other
interested parties.
(2) In order to maximize the wildlife science expertise applied to
the complex issues of wildlife management, the commission and the
department are encouraged to continue to, and to find creative new
ways to, contract with or otherwise effectively involve wildlife
scientists, economists, collaborative factfinding process and dispute
resolution specialists, and others with the necessary expertise at
colleges, universities, private institutions, and other agencies.
(3) The benefits of the collaborative process required by this
section apply to most wildlife management activities including, but
not limited to, the development and implementation of research plans,
wildlife managed area plans, wildlife management plans, and plan
amendments, and the preparation of status reports such as those
required by Section 2965.
(4) Because California is a large state and because travel is time
consuming and costly, the involvement of interested parties shall be
facilitated, to the extent practicable, by conducting meetings and
discussions in the areas where those most affected are concentrated.
(b) In order to fulfill the intent of subdivision (a), the
commission and the department shall do all of the following:
(1) Periodically review wildlife management operations with a view
to improving communication, collaboration, and dispute resolution,
seeking advice from interested parties as part of the review.
(2) Develop a process for the involvement of interested parties
and for factfinding and dispute resolution processes appropriate to
each element in the wildlife management process.
(3) Consider the appropriateness of various forms of wildlife
resources comanagement, which involves close cooperation between the
department and participants, when developing and implementing
wildlife management plans.
(4) When involving participants in the management process, give
particular consideration to various gear type users, if any, in order
to ensure adequate involvement.
2958. If there is a conflict between humans and wildlife,
hunting, fishing, and other activities that facilitate public use and
enjoyment of wildlife resources and generate revenue or otherwise
support wildlife conservation purposes shall, where feasible, be the
preferred means of managing wildlife resources.
2960. (a) The Legislature finds and declares that for the
purposes of sustainable wildlife management and this chapter,
essential resource information is necessary for federally and
state-managed wildlife resources important to the people of this
state to provide sustainable economic and recreational benefits to
the people of California. The Legislature further finds and declares
that acquiring essential resource information can best be
accomplished through the ongoing cooperation and collaboration of
participants in wildlife resources.
(b) The department, to the extent feasible, shall conduct and
support research to obtain essential resource information for all
wildlife resources managed by the state.
(c) The department, to the maximum extent practicable and
consistent with Section 2957, shall encourage the participation of
hunters and anglers fishers in wildlife
resources research within a framework that ensures the objective
collection and analysis of data, research design, and in carrying out
research.
(d) The department may apply for grants to conduct research and
may enter into contracts or issue competitive grants to public or
private research institutions to conduct research.
2961. The department and commission's policies and
regulations shall recognize and support the principles of the North
American Model of Wildlife Conservation Model,
Conservation, which include the following
principles:
(a) Wildlife as a public trust resource. Wildlife is held in the
public trust through state and federal governments. Though an
individual may own the land upon which wildlife resides, that
individual does not own the wildlife. Instead, the wildlife is owned
by all citizens.
(b) The elimination of markets for game. Commercial hunting and
the sale of wildlife games species is
generally prohibited to ensure the sustainability of
wildlife game species populations. This
principle holds that unregulated economic markets for game
and nongame wildlife are unacceptable because they
privatize a common resource and generally lead to declines.
(c) The allocation of wildlife by law. Wildlife is allocated to
the public by law, as opposed to market principles, land ownership,
or other status. Democratic processes and public input into lawmaking
help ensure access is equitable.
(d) Wildlife should only be taken for a legitimate purpose. The
killing of game should be done primarily for food, fur, self-defense,
and the protection of property, including livestock and crops. A
reasonable effort must be made to retrieve and make use of the
resource.
(e) Wildlife recognized as an international resource. As wildlife
do not exist only within fixed political boundaries, effective
management of these resources must be done internationally, through
treaties and the cooperation of management agencies.
(f) Science is the proper tool for discharge of wildlife policy.
Science and the input of wildlife professionals are the basis for
informed management and decisionmaking processes. Science in wildlife
policy includes studies of population dynamics, behavior, habitat,
adaptive management, and national surveys of hunting and fishing.
(g) Democracy of hunting and fishing. Every citizen in good
standing has an opportunity, under the law, to hunt and fish.
2962. (a) The department shall establish a program for external
peer review of the scientific basis of wildlife resources management
documents. The department, in its discretion and unless otherwise
required by this chapter, may submit to peer review documents that
include, but are not limited to, wildlife management plans and plan
amendments and wildlife resource research plans.
(b) The department may enter into an agreement with one or more
outside entities that are significantly involved with researching and
understanding wildlife resources and are not advocacy organizations.
These entities may include, but not be limited to, the University of
California, the California State University, the Pacific Flyway
Council, or any other entity approved by the commission to select and
administer peer review panels, as needed. The peer review panels
shall be composed of individuals with technical expertise specific to
the document to be reviewed. The entity with which the department
enters into an agreement for a peer review shall be responsible for
the scientific integrity of the peer review process. Each peer
reviewer may be compensated as needed to ensure competent peer
review. Peer reviewers shall not be employees or officers of the
department or the commission and shall not have participated in the
development of the document to be reviewed.
(c) The external peer review entity, within the timeframe and
budget agreed upon by the department and the external scientific peer
review entity, shall provide the department with the written report
of the peer review panel that contains an evaluation of the
scientific basis of the document. If the report finds that the
department has failed to demonstrate that a scientific portion of the
document is based on sound scientific knowledge, methods, and
practices, the report shall state that finding and the reasons for
the finding. The department may accept the finding, in whole or in
part, and may revise the scientific portions of the document
accordingly. If the department disagrees with any aspect of the
finding of the external scientific peer review, it shall explain, and
include as part of the record, its basis for arriving at that
determination in the analysis prepared for the adoption of the final
document, including the reasons why it has determined that the
scientific portions of the document are based on sound scientific
knowledge, methods, or practice. The department shall submit the
external scientific peer review report to the commission with any
peer reviewed document that is to be adopted or approved by the
commission.
(d) The requirements of this section do not apply to any emergency
regulation adopted pursuant to subdivision (b) of Section 11346.1 of
the Government Code.
(e) Nothing in this section shall be interpreted, in any way, to
limit the authority of the commission or department to adopt a plan
or regulation.
Article 3. Commission and Department
2965. (a) The director shall report annually in writing to the
commission on the status of wildlife resources managed by the state.
The date of the report shall be chosen by the commission with the
advice of the department. Each annual report shall cover wildlife
resources managed by the state on a schedule agreed upon by the
commission and department so that all managed wildlife resources will
be reported on at least once every decade. The department shall
involve expertise from outside the department in compiling
information for the report, which may include, but need not be
limited to, other wildlife scientists, resource participants, and
other interested parties.
(b) For each wildlife resource reported on in an annual report,
the report shall include information on take, effort, and areas where
the effort occurs and other factors relevant to the resource.
(c) Notwithstanding subdivision (a), the first annual report shall
be presented to the commission on or before January 1, 2020, and
shall cover the 10 most popular wildlife resources managed by the
state. To the extent that the requirements of this section and
Section 2973 are duplicative, the first annual report may be combined
with the plan required pursuant to Section 2973.
2966. (a) The Legislature finds and declares that a number of
human-caused and natural factors can affect the health of wildlife
resources and result in wildlife resources that do not meet the
policies and other requirements of this chapter.
(b) To the extent feasible, the director's report to the
commission pursuant to Section 2965 shall identify any wildlife
resource that does not meet the sustainability policies of this
chapter. In the case of a resource identified as being depressed, the
report shall indicate the causes of the depressed condition,
describe steps being taken to rebuild the resource, and, to the
extent practicable, recommend additional steps to rebuild.
(c) The director's report to the commission pursuant to Section
2965, consistent with paragraph (12) of subdivision (b) of Section
2955, shall evaluate the management system and may recommend
modifications of that system to the commission.
system.
Article 4. Wildlife Management Plans--General Policies
2970. The Legislature finds and declares that the critical need
to conserve, utilize, and manage the state's wildlife resources and
to meet the policies and other requirements stated in this chapter
require that the state's wildlife resources be managed by means of
wildlife management plans.
2971. In the case of any resource for which the
commission department has management authority,
regulations that the commission department
adopts to implement a wildlife management plan or plan
amendment for that resource may make inoperative, in regard to that
resource, any wildlife management statute that applies to that
resource, including, but not limited to, statutes that govern
allowable take, permit programs, fees, and time, area, and methods of
taking.
2972. (a) Wildlife management plans shall form the primary basis
for managing California's wildlife resources.
(b) Wildlife management plans shall be based on the best
scientific information that is available, on other relevant
information that the department possesses, or on the scientific
information or other relevant information that can be obtained
without substantially delaying the preparation of the plan.
(c) To the extent that conservation and management measures in a
wildlife management plan either increase or restrict the overall
harvest, wildlife management plans shall allocate those increases or
restrictions fairly among user groups and ensure a reasonable level
of hunting and fishing opportunity on public lands and waters.
2973. (a) On or before September 1, 2018, the department shall
submit to the commission for its approval a master plan that
specifies the process and the resources needed to prepare, adopt, and
implement wildlife management plans for wildlife resources managed
by the state. Consistent with Section 2957, the master plan shall be
prepared with the advice, assistance, and involvement of participants
in the various wildlife resources and their representatives,
wildlife conservationists, wildlife scientists, and other interested
persons.
(b) The master plan shall include all of the following:
(1) A list identifying the wildlife resources managed by the
state, with individual wildlife resources assigned to wildlife
management plans as determined by the department according to
conservation and management needs and consistent with paragraph (5)
of subdivision (b) of Section 2955.
(2) A priority list for preparation of wildlife management plans.
Highest priority shall be given to wildlife resources that the
department determines have the greatest need for changes in
conservation and management measures in order to comply with the
policies and requirements set forth in this chapter. Wildlife
resources for which the department determines that current management
complies with the policies and requirements of this chapter shall be
given the lowest priority.
(3) A description of the research, monitoring, and data collection
activities that the department conducts for wildlife resources and
of any additional activities that might be needed for the department
to acquire essential wildlife information, with emphasis on the
higher priority wildlife resources identified pursuant to paragraph
(2).
(4) A process consistent with Section 2957 that ensures the
opportunity for meaningful involvement in the development of wildlife
management plans and research plans by participants and their
representatives, wildlife scientists, and other interested parties.
(5) A process for periodic review and amendment of the master
plan.
(c) The commission shall adopt or reject the master plan or master
plan amendment, in whole or in part, after a public hearing. If the
commission rejects a part of the master plan or master plan
amendment, the commission shall return that part to the department
for revision and resubmission pursuant to the revision and
resubmission procedures for wildlife management plans as described in
subdivision (a) of Section 2975. together with a
written statement of reasons for the rejection. The department shall
revise and resubmit that part to the commission within 90 days of the
rejection. The revised plan or plan amendment is subject to the
review and adoption requirements of this article.
2974. (a) The department shall prepare interim research protocols
for at least the three highest priority wildlife resources
identified pursuant to paragraph (2) of subdivision (b) of Section
2973. An interim protocol shall be used by the department until a
wildlife management plan is implemented for that resource.
(b) Consistent with Section 2957, each protocol shall be prepared
with the advice, assistance, and involvement of participants in the
various wildlife resources and their representatives, wildlife
conservationists, wildlife scientists, and other interested persons.
(c) Interim protocols shall be submitted to peer review as
described in Section 2962 unless the department, pursuant to
subdivision (d), determines that peer review of the interim protocol
is not justified. For the purpose of peer review, interim protocols
may be combined in the following circumstances:
(1) For related wildlife resources.
(2) For two or more interim protocols that the commission
determines will require the same peer review expertise.
(d) The commission, with the advice of the department, shall adopt
criteria to be applied in determining whether an interim protocol
may be exempted from peer review.
Article 5. Wildlife Management Plan Preparation, Approval, and
Regulations
2975. (a) The department shall prepare wildlife management plans
and plan amendments, including any proposed regulations necessary to
implement plans or plan amendments, to be submitted to the
commission considered by the department through a
public process for adoption or rejection. Prior to
submitting considering a plan or plan amendment,
including any proposed regulations necessary for implementation,
to the commission, the department shall submit the
plan to peer review pursuant to Section 2962, unless the department
determines that peer review of the plan or plan amendment may be
exempted pursuant to subdivision (c). If the department makes that
determination, it shall submit its reasons for that determination to
the commission with the plan. If the commission rejects a
plan or plan amendment, including proposed regulations necessary for
implementation, the commission shall return the plan or plan
amendment to the department for revision and resubmission together
with a written statement of reasons for the rejection. The department
shall revise and resubmit the plan or plan amendment to the
commission within 90 days of the rejection. The revised plan or plan
amendment is subject to the review and adoption requirements of this
article.
(b) The department may contract with qualified individuals or
organizations to assist in the preparation of wildlife management
plans or plan amendments.
(c) The commission,
with the advice of the department and consistent with Section 2957,
shall adopt criteria to be applied in determining whether a plan or
plan amendment may be exempted from peer review.
(d) Participants and their representatives, scientists, or other
interested parties may propose plan provisions or plan amendments to
the department or commission. The commission shall review
any proposal submitted to the commission and may recommend to the
department that the department develop a wildlife management plan or
plan amendment to incorporate the proposal.
department. The department shall review any proposal and may develop
a wildlife management plan or plan amendment to incorporate the
proposal.
2976. (a) To the extent practicable, and consistent with Section
2957, the department shall seek advice and assistance in developing a
wildlife management plan from hunting and fishing interests,
landowners, other participants in the affected resource, scientists,
and other interested parties. The department shall also seek the
advice and assistance of other persons or entities that it deems
appropriate, which may include, but is not limited to, the United
States Fish and Wildlife Service and any advisory committee of the
department.
(b) In the case of a wildlife management plan or a plan amendment
that is submitted to peer review, the department shall provide the
peer review panel with any written comments on the plan or plan
amendment that the department has received from participants and
other interested parties.
2977. A wildlife management plan or plan amendment, or proposed
regulations necessary for implementation of a plan or plan amendment,
developed by the department shall be available to the public for
review at least 30 days prior to a hearing on the management plan or
plan amendment by the commission. department.
Persons requesting to be notified of the availability of the
plan shall be notified in sufficient time to allow them to review and
submit comments at or prior to a hearing. Proposed plans and plan
amendments and hearing schedules and agendas shall be posted on the
commission and department's Internet Web site.
2978. (a) The commission department
shall hold at least two three public
hearings on a wildlife management plan or plan amendment prior to the
commission's department's adoption or
rejection of the plan.
(b) The plan or plan amendment shall be heard not later than 60
days following receipt of the plan or plan amendment by the
commission. The commission may adopt the plan or plan amendment at
the second public hearing, at the commission's meeting following the
second public hearing, or at any duly noticed subsequent meeting,
subject to subdivision (c).
(b) The department may adopt the plan or plan amendment at the
third hearing or at any duly noticed subsequent meeting, subject to
subdivision (c).
(c) When scheduling the location of a hearing or meeting relating
to a wildlife management plan or plan amendment, the
commission department shall consider factors,
including, among other factors, the area of the state, if any, where
participants are concentrated.
(d) Prior to the adoption of a wildlife management plan or plan
amendment that would make inoperative a statute, the
commission department shall provide a copy of
the plan or plan amendment to the Legislature for review by the
appropriate policy committee in each house of the Legislature.
(e) The commission department shall
adopt any regulations necessary to implement a wildlife plan or plan
amendment no more than 60 days following adoption of the plan or plan
amendment. All implementing regulations adopted under this
subdivision shall be adopted as a regulation pursuant to the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code). The commission's
department's adoption of regulations to implement a wildlife
management plan or plan amendment shall not trigger an additional
review process under the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code).
(f) Regulations adopted by the commission
department to implement a plan or plan amendment shall specify
any statute or regulation of the commission
department that is to become inoperative as to the particular
resources. The list shall designate each statute or regulation by
individual section number, rather than by reference to articles or
chapters.
Article 6. Contents of Wildlife Management Plans
2980. Consistent with subdivision (b) of Section 2972, each
wildlife management plan prepared by the department shall summarize
readily available information about the resource, including, but not
limited to, all of the following:
(a) The species of wildlife and their location, number of
participants involved, effort, and a history of conservation and
management measures affecting the resource.
(b) The natural history and population dynamics of the target
species and the effects of changing environmental conditions on the
target species.
(c) The habitat for the resource and known threats to the habitat.
(d) The ecosystem role of the target species and the relationship
of the resource to the ecosystem role of the target species.
(e) Economic, social, and cultural factors related to the public
use of the resource.
2981. Consistent with subdivision (b) of Section 2972, each
wildlife management plan or plan amendment prepared by the department
shall include a research protocol that does all of the following:
(a) Describes past and ongoing monitoring of the resource.
(b) Identifies essential information for the resource, including,
but not limited to, the resources and time necessary to acquire the
information.
(c) Indicates the steps the department shall take to monitor the
resource and to obtain essential information, including the data
collection and research methodologies, on an ongoing basis.
2982. Each wildlife management plan or plan amendment prepared by
the department shall contain the measures necessary and appropriate
for the conservation and management of the resource according to the
policies and other requirements in this chapter.
2983. (a) Each wildlife management plan prepared by the
department shall incorporate the existing conservation and management
measures provided in this code that are determined by the department
to result in a sustainable resource.
(b) If additional conservation and management measures are
included in the plan, the department shall, consistent with
subdivision (b) of Section 2972, summarize anticipated effects of
those measures on relevant resource populations and habitats, on
participants, and on communities and businesses that rely on the
resource.
2984. Consistent with subdivision (b) of Section 2972, each
wildlife management plan or plan amendment prepared by the department
for a resource that the department has determined has adverse
effects on wildlife habitat shall include measures that, to the
extent practicable, minimize those effects.
2985. (a) Consistent with subdivision (b) of Section 2972, each
wildlife management plan or plan amendment prepared by the department
shall specify criteria for identifying when the resource is
overutilized.
(b) In the case of a resource that has been determined to be
overutilized or in which overuse is occurring, the wildlife
management plan shall contain measures to prevent, end, or otherwise
appropriately address overuse and to rebuild the resource.
(c) Any wildlife management plan, plan amendment, or regulation
prepared pursuant to subdivision (b), shall do both of the following:
(1) Specify a time period for preventing or ending or otherwise
appropriately addressing overuse and rebuilding the resource that
shall be as short as possible, and shall not exceed 10 years except
in cases where the biology of the population or other environmental
conditions dictate otherwise.
(2) Allocate both overuse restrictions and recovery benefits
fairly and equitably among sectors of the resource.
2986. (a) Each wildlife management plan prepared by the
department shall include a procedure for review and amendment of the
plan, as necessary.
(b) Each wildlife management plan or plan amendment prepared by
the department shall specify the types of regulations that may be
adopted without a plan amendment.
2987. Each wildlife management plan and plan amendment shall
include a list of any statutes and regulations that shall become
inoperative, as to the particular resource covered by the wildlife
management plan or plan amendment, upon the commission's
department's adoption of implementing
regulations for that wildlife management plan or plan amendment.
Article 7. Department and Commission Responsibility
to Provide Hunting and Fishing Opportunities
2989. (a) To the extent
practicable, the policies and regulations adopted by the
department and commission shall support access and opportunity
for the public to engage in the broadest array of hunting and fishing
activities, consistent with the best available science and
sustainable use of wildlife resources.
(b) Unless otherwise authorized by this code, when authorizing an
open season on a game fish, game bird, or game mammal species, the
commission shall ensure either of the following:
(1) At least some public lands or waters are open for the take of
that species during the authorized season.
(2) A reasonable level of public access for hunting or fishing, as
applicable, is provided via the SHARE Program established pursuant
to Article 3 (commencing with Section 1570) of Chapter 5 of Division
2, a cooperative hunting area established pursuant to Section 1575,
or any other means deemed appropriate by the department.
Article 8. Funding
2990. The department and commission shall prioritize funding and
staffing to meet the mandates and goals of this chapter.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.