Article
3. Shared Habitat Alliance for Recreational Enhancement Program
1570.
In establishing the Shared Habitat Alliance for Recreational Enhancement (“SHARE”) Program, it is the intent of the Legislature to encourage private landowners to voluntarily make their land available to the public for wildlife-dependent recreational activities. The Legislature further encourages private landowners to use any funds received from the SHARE program for wildlife conservation purposes on their property. The SHARE program shall be a collaborative effort by all participants to facilitate wildlife-dependent recreational activities on private land at minimal expense to the state. The Legislature declares that interested nongovernmental organizations are the key to developing, planning, and implementing the SHARE program.1571.
For purposes of this article, the following definitions apply:(a) “Agreement” includes, but is not limited to, a contract, license, easement, memorandum of understanding, or lease.
(b) “Partnership” means a collaborative effort involving financial or in-kind contributions by nongovernmental organizations, the department, and other interested parties working in concert to effect the goals of the program.
(c) “Private landowner” means an owner of any possessory interest in real property that is suitable for use for wildlife-dependent recreational activities.
(d) “Program” means the SHARE program established under this article.
(e) “Wildlife-dependent recreational activities” means hunting, fishing, wildlife observation, conservation education, and related outdoor activities.
1572.
(a) The department, in partnership with nonprofit conservation groups and other interested nongovernmental organizations that seek to increase and enhance wildlife-dependent recreational opportunities, shall work cooperatively to plan and develop a program to facilitate public access to private lands for wildlife-dependent recreational activities.(b) Once the terms of the program have been established and approved by the partnership, the commission shall verify that sufficient demonstration of private landowner and program participant interest has been shown to support the program. The Department of Finance shall verify that sufficient funds exist in the SHARE Account to start the program. Upon that verification, in order to facilitate the implementation of the program, the commission shall adopt regulations and fees for the management and control of wildlife-dependent recreational activities on land that is subject to this article.
(c) The SHARE Account is hereby established in the Fish and Game Preservation Fund. Money deposited in the SHARE Account from the sources cited in subdivision (d) shall only be used for the purposes set forth in this article and to repay the General Fund or the Fish and Game Preservation Fund, as appropriate, for any expenses incurred by the department, commission, or the Department of Finance in establishing the SHARE Program.
(d)No General Fund money shall be used for the program. The department may impose user fees or apply for grants, federal funds, or other contributions from nonstate sources to fund the program. Funds may also be used for wildlife conservation purposes on lands subject to an agreement under the program. Notwithstanding Section 13220, no money shall be available for the program unless the Legislature appropriates money to the department therefor.
(e) The department shall maintain data on the types of wildlife-dependent recreational activities preferred by users.
1573.
(a) (1) The department may enter into a voluntary agreement with a private landowner, including an agreement under which the private landowner is compensated by the department for public use of the land, to provide public access for wildlife-dependent recreational activities. Any financial compensation offered to a private landowner pursuant to this paragraph shall not exceed thirty dollars ($30) per acre, and shall be commensurate with the quality of the wildlife-dependent recreational opportunities that are to be provided on the property.(2) The department also may enter into a voluntary agreement with a private landowner to facilitate access to adjacent public land, upon approval of the governmental entity that holds title to the land. This article does not authorize a private landowner to exclude persons not participating in the SHARE program from using public land for wildlife-dependent activities.
(b) Notwithstanding any other provision of law, the department shall keep confidential and not release to the public any personal identifying information received from a private landowner participating in the program, unless the director determines that release of that information is necessary for the administration of the program.
(c) Either the department or a private landowner may, in writing, modify or cancel an agreement executed under the program, at any time. Upon cancellation or modification of the agreement by either party, the other party shall be reimbursed for any lost revenues or expenses incurred pursuant to the terms of the original agreement.
(d) In addition to any other protection or remedy under law, the protections and remedies afforded to an owner of an estate or any other interest in real property under Section 846 of the Civil Code shall apply to a private landowner participating in the program.
(e) The department shall require every person who wants to use land that is subject to an agreement pursuant to subdivision (a), prior to using that land, to sign a waiver that releases the department or any private group, governmental entity, or other organization involved in administering the program, and the private landowner, from liability for any injury or damage that arises from, or is connected with that person’s use of the land. Upon request, the department shall provide a copy of the waiver to any of the parties to the waiver.
(f) Every agreement executed pursuant to the program shall prohibit the take of nongame species by public participants in the program. An agreement may not authorize a private landowner to transfer a hunting or fishing license, stamp, or tag to another person, unless otherwise authorized by law.
(g) In determining which lands may be included in the program, the department shall give priority to those lands with the greatest wildlife habitat value. The department shall also include in the program private lands on which hunting is not allowed, in order to take into consideration the participation of the nonhunting public in the program.
1574.
(a) The department may revoke, for up to three years, the public access privilege granted pursuant to this article, of any person who violates any law or regulation while on any property that is subject to an agreement under the program.(b) The department shall enforce all applicable regulations established by the commission on property that is subject to an agreement executed under the program.