Bill Text: CA AB1792 | 2015-2016 | Regular Session | Amended

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Bill Title: Elk tags: federally recognized Indian tribes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1792 Detail]

Download: California-2015-AB1792-Amended.html

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BILL NUMBER: AB 1792	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 31, 2016
	AMENDED IN ASSEMBLY  MARCH 30, 2016

INTRODUCED BY   Assembly Member Wood

                        FEBRUARY 4, 2016

   An act to amend Section 332 of the Fish and Game Code, relating to
hunting.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1792, as amended, Wood. Elk tags: federally recognized Indian
tribes.
   Existing law authorizes the Fish and Game Commission to determine
and fix the area or areas, the seasons and hours, the bag and
possession limit, and the number of elk that may be taken under rules
and regulations that the commission may adopt from time to time.
Existing law authorizes the Department of Fish and Wildlife to issue
an elk tag upon payment of a fee and to deposit that fee into the Big
Game Management Account.
   This bill would require the  commission,  
department,  upon request, to  engage in consultation
  meet  with individual federally recognized Indian
tribes in  California regarding elk management issues. The
bill would authorize the commission to allocate a specific number of
elk tags to such an Indian tribe for the purpose of harvesting elk
located within the defined territory of that tribe for purposes of
subsistence, cultural or religious ceremonies, or tribal
celebrations.   California to discuss elk  
-related issues for elk located within the territory of the
individual tribe.  The bill would require the 
department, prior to an allocation of elk tags to an Indian tribe,
  department  to work  collaboratively
  collaboratively, and in good faith,  with that
tribe  on the development of a science-based elk management
strategy that includes tribal harvest for cultural, ceremonial, and
subsistence purposes.   to identify possible
science-based solutions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 332 of the Fish and Game Code is amended to
read:
   332.  (a) The commission may determine and fix the area or areas,
the seasons and hours, the bag and possession limit, and the number
of elk that may be taken under rules and regulations that the
commission may adopt from time to time. The commission may authorize
the taking of tule elk if the average of the department's statewide
tule elk population estimates exceeds 2,000 animals, or the
Legislature determines, pursuant to the reports required by Section
3951, that suitable areas cannot be found in the state to accommodate
that population in a healthy condition.
   (b) Only a person possessing a valid hunting license may obtain a
tag for the taking of elk.
   (c) The department may issue an elk tag upon payment of a fee. The
fee for a tag shall be one hundred sixty-five dollars ($165) for a
resident of the state, as adjusted under Section 713. On or before
July 1, 2007, the commission shall, by regulation, fix the fee for a
nonresident of the state at not less than one thousand fifty dollars
($1,050), as adjusted under Section 713. The fees shall be deposited
in the Big Game Management Account established in Section 3953 and,
upon appropriation by the Legislature, shall be expended, in addition
to moneys budgeted for salaries of the department as set forth in
Section 3953.
   (d) The commission shall annually direct the department to
authorize not more than three elk hunting tags for the purpose of
raising funds for programs and projects to benefit elk. These tags
may be sold at auction to residents or nonresidents of the state or
by another method and are not subject to the fee limitation
prescribed in subdivision (c). All revenues from sales pursuant to
this subdivision shall be deposited in the Big Game Management
Account established in Section 3953 and, upon appropriation by the
Legislature, shall be expended as set forth in that section.
   (e) The commission shall direct the department to annually
authorize one elk tag of the total number of tags available for
issuance to nonresidents of the state.
   (f) Upon request, the  commission shall engage in
consultation   department shall meet  with
individual federally recognized Indian tribes in  California
regarding elk management issues and may allocate a specific number of
elk tags to a federally recognized Indian tribe for the purpose of
harvesting elk located within the defined territory of that tribe for
purposes of subsistence, cultural or religious ceremonies, or tribal
celebrations. Prior to an allocation of elk tags to a tribe pursuant
to this section, the   California, including, but not
limited to, tribes located within the Pacific northwest of
California, to discuss elk-related issues for elk located within the
territory of the individual tribe. The  department shall work
 collaboratively   collaboratively, and in good
faith,  with the tribe  on the development of a
science-based elk management strategy that includes tribal harvest
for cultural, ceremonial, and subsistence purposes.   to
identify possible science-based solutions.