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SB-1172 Wildlife: hunting: revenues.(2007-2008)

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SB1172:v93#DOCUMENT

Amended  IN  Assembly  June 25, 2008
Amended  IN  Assembly  June 18, 2008
Amended  IN  Senate  May 20, 2008
Amended  IN  Senate  May 05, 2008
Amended  IN  Senate  April 03, 2008
Amended  IN  Senate  March 24, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 1172

Introduced  by  Senator Dutton

February 07, 2008

An act to amend Sections 331, 332, 1528, 3684, 3686, and 4332 of, to add Sections 331.5, 333, 711.1, 4332.5, and 4764 to, to repeal Sections 3685 and 4334 of, and to repeal and add Sections 4656 and 4903 of, the Fish and Game Code, relating to wildlife.


LEGISLATIVE COUNSEL'S DIGEST


SB 1172, as amended, Dutton. Wildlife: hunting: revenues.
Existing law requires all money collected under the provisions of the Fish and Game Code, including money received as a result of the sale of licenses issued under the provisions of the code, to be deposited into the Fish and Game Preservation Fund, unless otherwise provided. Existing law also grants authority to the California Fish and Game Commission to issue tags and licenses for the hunting of antelope, elk, upland game birds, deer, wild pigs, bears, and bighorn sheep upon payment of a fee, to be deposited into the Fish and Game Preservation Fund.
This bill would establish, within the Fish and Game Preservation Fund, the Antelope Tag Account, the Elk Tag Account, the Wildlife Management Areas Hunting Programs Account, the Upland Game Bird Account, the Deer Tag Account, the Wild Pig Account, the Bear Tag Account, and the Bighorn Sheep Account to permit separate accountability for the receipt and expenditure of those funds, and would recast related provisions. The bill would require that any funds deposited in each specified account be used for programs, projects, land acquisitions, and for hunting opportunities and related public outreach to benefit each category or species for which an account was created. The bill would authorize the department to use funds from an account, upon appropriation, to pay for specified administrative and enforcement costs. The bill would require the commission to review a proposed project and verify that specified requirements have been met. The bill would require the department to analyze the proposed project, provide the commission with recommendations as to the project’s feasibility and need, and solicit comment on the proposed project from interested nonprofit organizations.
The bill would authorize the department to make grants or enter into contracts with nonprofit organizations when it finds that the contracts are necessary for carrying out the purposes of the bill. The bill would permit the department to enter into contracts or to award grants to use these funds to reimburse, upon completion of the projects, nonprofit organizations for related habitat projects.
The bill would exempt certain of these projects from the State Contract Act and from statutory provisions relating to the Disabled Veteran Business Enterprise Program.
The bill would require the department, as part of its annual budget proposal for the 2009–10 fiscal year, that is subject to legislative approval as part of the annual Budget Act, to include adequate funding, as determined by the department, to begin the process of developing plans to implement the strategies in the California Comprehensive Wildlife Action Plan.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) In 2000, Congress enacted the State Wildlife Grants Program to support state programs that broadly benefit wildlife and habitats, particularly species having the greatest need for conservation that are not protected under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).
(b) As a requirement of receiving federal funding under this program, the Department of Fish and Game agreed to submit a comprehensive wildlife conservation strategy to the United States Fish and Wildlife Service.
(c) Congress intended that the wildlife conservation strategies developed by state fish and wildlife agencies guide future nongame wildlife conservation actions by these state agencies and conservation actions taken by others on behalf of nongame species.
(d) Congress directed state fish and wildlife agencies to develop wildlife conservation strategies, provide a process for reviewing and updating these strategies at intervals not to exceed 10 years, and develop plans for implementing these strategies.
(e) Congress has affirmed that broad public participation is an essential element of developing and implementing these strategies.
(f) The Department of Fish and Game faces increasing responsibilities to conserve nongame wildlife with limited resources.
(g) In 2006, the Department of Fish and Game submitted its comprehensive wildlife conservation strategy, the California Comprehensive Wildlife Action Plan, to the United States Fish and Wildlife Service.
(h) The California Comprehensive Wildlife Action Plan includes a detailed review of the status of California’s nongame wildlife populations and the conservation actions that are recommended to protect and conserve these species.
(i) The California Comprehensive Wildlife Action Plan provides the Department of Fish and Game with the opportunity to identify, assess, and prioritize its nongame wildlife conservation needs and actions for the future.

SEC. 2.

 Section 331 of the Fish and Game Code is amended to read:

331.
 (a) The commission may determine and fix the area or areas, the seasons and hours, the bag and possession limit, and the sex and total number of antelope (Antilocapra americana) that may be taken under regulations that the commission may adopt from time to time. Only a person possessing a valid hunting license, who has not received an antelope tag under these provisions during a period of time specified by the commission, may obtain a tag for the taking of antelope.
(b) The department may issue a tag upon payment of a fee. The fee for a tag shall be fifty-five dollars ($55) 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 a fee of three hundred fifty dollars ($350), as adjusted under Section 713. The fee shall be deposited in the Antelope Tag Account established in Section 331.5.
(c) The commission shall direct the department to annually authorize not less than one antelope tag or more than 1 percent of the total number of tags available for the purpose of raising funds for programs and projects to benefit antelope. 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 (b).
(d) The commission shall direct the department to annually authorize one antelope tag of the total number of tags available for issuance to nonresidents of the state.

SEC. 3.

 Section 331.5 is added to the Fish and Game Code, to read:

331.5.
 (a) The Antelope Tag Account is hereby established within the Fish and Game Preservation Fund.
(b) All funds collected from the sale of antelope tags shall be deposited in the Antelope Tag Account to permit separate accountability for the receipt and expenditure of these funds.
(c) Funds deposited in the Antelope Tag Account shall be available for expenditure upon appropriation by the Legislature to the department. These funds shall be expended solely for the purposes set forth in this section and Section 331, including acquiring land, completing projects, and implementing programs to benefit antelope, and expanding public hunting opportunities and public outreach related to hunter education on antelope hunting. and related public outreach. The department may also use these funds to enter into contracts or to award grants to reimburse, upon completion of the projects, nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) for related conservation projects. Any land acquired with funds from the Antelope Tag Account shall be acquired in fee title or protected with a conservation easement and, to the extent possible, be open or provide access to the public for antelope hunting. The department may also use funds from the Antelope Tag Account to pay for administrative and enforcement costs of the programs and activities described in this section. The department shall not allocate more than 6 percent of the total revenue deposited in the Antelope Tag Account annually to pay for those administrative costs. Section. The amount allocated from the account for administrative costs shall be limited to the reasonable costs associated with direct administration of the programs and activities described in this section and Section 331. Funds in the Antelope Tag Account may be utilized jointly with funds from the Elk Tag Account, Deer Tag Account, Wild Pig Account, Bear Tag Account, and Bighorn Sheep Account in the Fish and Game Preservation Fund.
(d) The department may make grants or enter into contracts with nonprofit organizations for the use of the funds from the Antelope Tag Account when it finds that the contracts are necessary for carrying out the purposes of this article.
(e) Before any funds from the Antelope Tag Account may be expended on a project, the commission shall review the proposed project and verify that the requirements of this section have been met. Prior to commission verification, the department shall analyze the proposed project and provide the commission with recommendations as to the project’s feasibility and need. The department shall also solicit comment on the proposed project from interested nonprofit organizations that have goals and objectives directly related to the management and conservation of big game species and primarily represent the interests of persons licensed pursuant to Section 3031.
(f) Antelope projects authorized pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.
(g) The department shall maintain the internal accountability necessary to ensure compliance with the collection, deposit, and expenditure of funds specified in this section.

SEC. 4.

 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 Elk Tag Account established in Section 333.
(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).
(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.

SEC. 5.

 Section 333 is added to the Fish and Game Code, to read:

333.
 (a) The Elk Tag Account is hereby established within the Fish and Game Preservation Fund.
(b) All funds collected from the sale of elk tags shall be deposited in the Elk Tag Account to permit separate accountability for the receipt and expenditure of these funds.
(c) Funds deposited in the Elk Tag Account shall be available for expenditure upon appropriation by the Legislature to the department. These funds shall be expended solely for the purposes set forth in Sections 332, 3951, and 3952, including acquiring land, completing projects, and implementing programs to benefit elk, and expanding public hunting opportunities and public outreach related to hunter education on elk hunting. The department may related public outreach. The department may also use these funds to enter into contracts or to award grants to reimburse, upon completion of the projects, nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) for related habitat projects. Any land acquired with funds from the Elk Tag Account shall be acquired in fee title or protected with a conservation easement and, to the extent possible, be open or provide access to the public for elk hunting. The department may also use funds from the Elk Tag Account to pay for administrative and enforcement costs of the programs and activities described in this section. The department shall not allocate more than 6 percent of the total revenue deposited in the Elk Tag Account annually to pay for those administrative costs. described in this section. The amount allocated from the account for administrative costs shall be limited to the reasonable costs associated with direct administration of the programs and activities described in this section and Section 331. Funds in the Elk Tag Account may be utilized jointly with funds from the Antelope Tag Account, Deer Tag Account, Wild Pig Account, Bear Tag Account, and Bighorn Sheep Account in the Fish and Game Preservation Fund.
(d) The department may make grants or enter into contracts with nonprofit organizations for the use of the funds from the Elk Tag Account when it finds that the contracts are necessary for carrying out the purposes of this article.
(e) Before any funds from the Elk Tag Account may be expended on a project, the commission shall review the proposed project and verify that the requirements of this section have been met. Prior to commission verification, the department shall analyze the proposed project and provide the commission with recommendations as to the project’s feasibility and need. The department shall also solicit comment on the proposed project from interested nonprofit organizations that have goals and objectives directly related to the management and conservation of big game species and primarily represent the interests of persons licensed pursuant to Section 3031.
(f) Elk projects authorized pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.
(g) The department shall maintain the internal accountability necessary to ensure compliance with the collection, deposit, and expenditure of funds specified in this section.

SEC. 6.

 Section 711.1 is added to the Fish and Game Code, to read:

711.1.
 The department shall annually maintain on its Internet Web site, and include in the annual State Budget submitted by the Governor, a fund condition statement that displays information on the condition of revenues and expenditures both for dedicated and nondedicated revenue sources.

SEC. 7.

 Section 1528 of the Fish and Game Code is amended to read:

1528.
 (a) Lands, or lands and water, acquired for public shooting grounds, state marine (estuarine) recreational management areas, or wildlife management areas shall be operated on a nonprofit basis by the department. Multiple recreational use of wildlife management areas is desirable and that use shall be encouraged by the commission.
(b) Except for hunting and fishing purposes, only minimum facilities to permit other forms of multiple recreational use, such as camping, picnicking, boating, or swimming, shall be provided. Except as provided in Section 1765, and to defray the costs associated with multiple use, the commission may determine and fix the amount of, and the department shall collect, fees for any use privileges. However, tours by organized youth and school groups are exempt from the payment of those fees.
(c) Only persons holding valid hunting licenses may apply for or obtain shooting permits for public shooting grounds, state marine (estuarine) recreational management areas, or wildlife management areas.
(d) All fees collected from the public for the use of department-owned or operated lands for hunting purposes, including, but not limited to, fees collected through the sale of day use and annual passes provided in Section 1765 and any reservation application revenues, shall be deposited in the Wildlife Management Areas Hunting Programs Account, which is hereby established within the Fish and Game Preservation Fund to permit separate accountability for the receipt and expenditure of these funds.
(e) Funds deposited in the Wildlife Management Areas Hunting Programs Account shall be available upon appropriation by the Legislature to the department. These funds shall be used solely for public hunting, habitat enhancement, wildlife conservation, and related administrative and enforcement purposes on department-owned or operated lands, that include, but are not necessarily limited to, a public hunting program. The department may also use these funds to enter into contracts or to award grants to reimburse, upon completion of the projects, nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) for related conservation projects. The department may also use funds from the Wildlife Management Areas Hunting Programs Account to pay for administrative and enforcement costs of the programs and activities described in this section. The department shall not allocate more than 6 percent of the total revenue deposited in the Wildlife Management Areas Hunting Programs Account annually to pay for those administrative costs. The amount allocated from the account for administrative costs shall be limited to the reasonable costs associated with direct administration of the programs and activities described in this section.
(f) The department may make grants or enter into contracts with nonprofit organizations for the use of the funds from the Wildlife Management Areas Hunting Programs Account when it finds that the contracts are necessary for carrying out the purposes of subdivision (e).
(g) Before any funds from the Wildlife Management Areas Hunting Programs Account may be expended on a project, the commission shall review the proposed project and verify that the requirements of this section have been met. Prior to commission verification, the department shall analyze the proposed project and provide the commission with recommendations as to the project’s feasibility and need. The department shall also solicit comment on the proposed project from interested nonprofit organizations that have goals and objectives directly related to the management and conservation of big game waterfowl or upland game bird species and primarily represent the interests of persons licensed pursuant to Section 3031.
(h) Projects authorized pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.
(i) The department shall maintain the internal accountability necessary to ensure compliance with the collection, deposit, and expenditure of revenues as specified in this section.

SEC. 8.

 Section 3684 of the Fish and Game Code is amended to read:

3684.
 (a) The Upland Game Bird Account is hereby established within the Fish and Game Preservation Fund.
(b) All funds derived from the sale of upland game bird hunting validations and upland game bird stamps shall be deposited in the Upland Game Bird Account to permit separate accountability for the receipt and expenditure of these funds.
(c) Funds deposited in the Upland Game Bird Account shall be available for expenditure upon appropriation by the Legislature to the department. These funds shall be expended solely for the purpose of acquiring land, completing projects and implementing programs to benefit the upland game bird species, and for related public hunting opportunities and public outreach related to hunter education on upland game bird hunting. The department may also related public outreach. The department may also use these funds to enter into contracts or to award grants to reimburse, upon completion of the projects, nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) for related habitat projects. Any land acquired with funds from the Upland Game Bird Account shall be acquired in fee title or protected with a conservation easement and, to the extent possible, be open or provide access to the public for upland game bird hunting. The department may also use funds from the Upland Game Bird Account to pay for administrative and enforcement costs of the programs and activities described in this section. The department shall not allocate more than 6 percent of the total revenue deposited in the Upland Game Bird Account annually to pay for those administrative costs. amount allocated from the account for administrative costs shall be limited to the reasonable costs associated with direct administration of the programs and activities described in this section.
(d) Before any funds from the Upland Game Bird Account may be expended on a project, the commission shall review the proposed project and verify that the requirements of this section have been met. Prior to commission verification, the department shall analyze the proposed project and provide the commission with recommendations as to the project’s feasibility and need. The department shall also solicit comment on the proposed project from interested nonprofit organizations that have goals and objectives directly related to the management and conservation of big game upland game bird species and primarily represent the interests of persons licensed pursuant to Section 3031.
(e) Upland game bird projects authorized pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.
(f) The department shall maintain the internal accountability necessary to ensure compliance with the collection, deposit, and expenditure of funds specified in this section.

SEC. 9.

 Section 3685 of the Fish and Game Code is repealed.

SEC. 10.

 Section 3686 of the Fish and Game Code is amended to read:

3686.
 Projects authorized pursuant to Section 3684 shall be governed by Section 1501.5. With the approval of the entity in control of property affected by a project, the department may make grants to, or enter into contracts with, nonprofit organizations for the accomplishment of those projects, or the department may reimburse the controlling entity for its costs of accomplishing the project.

SEC. 11.

 Section 4332 of the Fish and Game Code is amended to read:

4332.
 (a) Any resident of this state, 12 years of age or over, who possesses a valid hunting license, may procure one tag for the taking of one deer by one person during the current license year, upon payment of the base fee of ten dollars ($10) for the license year beginning July 1, 1986, and the base fee as adjusted under Section 713 for subsequent license years.
(b) Any nonresident of this state, 12 years of age or over, who possesses a valid hunting license, may procure one tag for the taking of one deer by one person during the current license year, upon payment of the base fee of one hundred dollars ($100) for the license year beginning July 1, 1986, and the base fee as adjusted under Section 713 for subsequent license years.
(c) If provided in regulations adopted by the commission under Section 200, any resident of this state, 12 years of age or over, who possesses a deer tag may procure one additional deer tag for the taking of one additional deer during the current license season, upon payment of the base fee of twelve dollars and fifty cents ($12.50) for the license year beginning July 1, 1986, and the base fee as adjusted under Section 713 for subsequent license years.
(d) If provided in regulations adopted by the commission under Section 200, any nonresident of this state, 12 years of age or over, who possesses a deer tag may procure one additional deer tag for the taking of one additional deer during the current license season, upon payment of the base fee of one hundred dollars ($100) for the license year beginning July 1, 1986, and the base fee as adjusted under Section 713 for subsequent license years.

SEC. 12.

 Section 4332.5 is added to the Fish and Game Code, to read:

4332.5.
 (a) The Deer Tag Account is hereby established within the Fish and Game Preservation Fund.
(b) All funds collected from the sale of deer tags shall be deposited in the Deer Tag Account to permit separate accountability for the receipt and expenditure of these funds.
(c) (1) The commission shall annually direct the department to authorize, pursuant to Section 1054.8, the sale of not more than 10 deer tags solely for the purpose of raising funds for programs and projects approved by the commission to benefit deer.
(2) These tags may be sold to residents or nonresidents of the State of California at auction or by any other method and are not subject to the fees prescribed by Section 4332.
(3) These funds shall augment, not supplant, any other funds appropriated to the department for the preservation, restoration, utilization, and management of deer. All revenues derived from the sale of these tags shall be remitted to the department by the seller.
(d)  Funds deposited in the Deer Tag Account shall be available for expenditure upon appropriation by the Legislature to the department. These funds shall be expended solely for the purpose of implementing deer herd management plans prepared pursuant to Chapter 5 (commencing with Section 450) of Division 1 and for the Deer Herd Management Plan Implementation Program, including acquiring land, completing projects, and implementing programs to benefit deer, and expanding public hunting opportunities and public outreach related to hunter education on deer hunting opportunities and related public outreach. Any land acquired with funds from the Deer Tag Account shall be acquired in fee title or protected with a conservation easement and, to the extent possible, be open or provide access to the public for deer hunting. The department may also use these funds to enter into contracts or to award grants to reimburse, upon completion of the projects, nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) for related habitat projects. The department may also use funds from the Deer Tag Account to pay for administrative and enforcement costs of the programs and activities described in this section. The department shall not allocate more than 6 percent of the total revenue deposited in the Deer Tag Account annually to pay for those administrative costs. section. The amount allocated from the account for administrative costs shall be limited to the reasonable costs associated with direct administration of the programs and activities described in this section and Section 331. Funds in the Deer Tag Account may be utilized jointly with funds from the Antelope Tag Account, Elk Tag Account, Wild Pig Account, Bear Tag Account, and Bighorn Sheep Account in the Fish and Game Preservation Fund.
(e) The department may also make grants or enter into contracts with nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) for the use of the funds from the Deer Tag Account when it finds that the contracts are necessary for carrying out the purposes of this article.
(f) Before any funds from the Deer Tag Account may be expended on a project, the commission shall review the proposed project and verify that the requirements of this section have been met. Prior to commission verification, the department shall analyze the proposed project and provide the commission with recommendations as to the project’s feasibility and need. The department shall also solicit comment on the proposed project from interested nonprofit organizations that have goals and objectives directly related to the management and conservation of big game species and primarily represent the interests of persons licensed pursuant to Section 3031.
(g) Deer projects authorized pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.
(h) The department shall maintain the internal accountability necessary to ensure compliance with the collection, deposit, and expenditure of revenues specified in this section.

SEC. 13.

 Section 4334 of the Fish and Game Code is repealed.

SEC. 14.

 Section 4656 of the Fish and Game Code is repealed.

SEC. 15.

 Section 4656 is added to the Fish and Game Code, to read:

4656.
 (a) The Wild Pig Account is hereby established within the Fish and Game Preservation Fund.
(b) All funds collected from the sale of wild pig tags shall be deposited in the Wild Pig Account to permit separate accountability for the receipt and expenditure of these funds.
(c) Funds deposited in the Wild Pig Account shall be available for expenditure upon appropriation by the Legislature to the department. These funds shall be expended solely for the purposes set forth in this chapter, including acquiring land, completing projects, and implementing programs to benefit wild pigs and their habitat, and expanding public hunting opportunities and public outreach related to hunter education on wild pig hunting. The related public outreach. The department may also use these funds to enter into contracts or to award grants to reimburse, upon completion of the projects, nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) for related conservation projects. Any land acquired with funds from the Wild Pig Account shall be acquired in fee title or protected with a conservation easement and, to the extent possible, be open or provide access to the public for wild pig hunting. The department may also use funds from the Wild Pig Account to pay for administrative and enforcement costs of the programs and activities described in this section. The department shall not allocate more than 6 percent of the total revenue deposited in the Wild Pig Account annually to pay for those administrative costs. amount allocated from the account for administrative costs shall be limited to the reasonable costs associated with direct administration of the programs and activities described in this section and Section 331. Funds in the Wild Pig Account may be utilized jointly with funds from the Elk Tag Account, Antelope Tag Account, Deer Tag Account, Bear Tag Account, and Bighorn Sheep Account in the Fish and Game Preservation Fund.
(d) The department may make grants or enter into contracts with nonprofit organizations for the use of the funds from the Wild Pig Account when it finds that the contracts are necessary for carrying out the purposes of this article.
(e) Before any funds from the Wild Pig Account may be expended on a project, the commission shall review the proposed project and verify that the requirements of this section have been met. Prior to commission verification, the department shall analyze the proposed project and provide the commission with recommendations as to the project’s feasibility and need. The department shall also solicit comment on the proposed project from interested nonprofit organizations that have goals and objectives directly related to the management and conservation of big game species and primarily represent the interests of persons licensed pursuant to Section 3031.
(f) Wild pig projects authorized pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.
(g) The department shall maintain the internal accountability necessary to ensure compliance with the collection, deposit, and expenditure of funds specified in this section.

SEC. 16.

 Section 4764 is added to the Fish and Game Code, to read:

4764.
 (a) The Bear Tag Account is hereby established within the Fish and Game Preservation Fund.
(b) All funds derived from the sale of bear tags shall be deposited in the Bear Tag Account to permit separate accountability for the receipt and expenditure of these funds.
(c) The funds in the Bear Tag Account shall be available for expenditure upon appropriation by the Legislature to the department. These funds shall be expended solely for the purpose of acquiring land, completing projects, and implementing programs to benefit bears, and expanding public hunting opportunities and public outreach related to hunter education on bear hunting. The related public outreach. The department may also use these funds to enter into contracts or to award grants to reimburse, upon completion of the project, nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) for related habitat projects. Any land acquired with funds from the Bear Tag Account shall be acquired in fee title or protected with a conservation easement and, to the extent possible, be open or provide access to the public for bear hunting. The department may also use funds from the Bear Tag Account to pay for administrative and enforcement costs of the programs and activities described in this section. The department shall not allocate more than 6 percent of the total revenue deposited in the Bear Tag Account annually to pay for those administrative costs. amount allocated from the account for administrative costs shall be limited to the reasonable costs associated with direct administration of the programs and activities described in this section and Section 331. Funds in the Bear Tag Account may be utilized jointly with funds from the Elk Tag Account, Antelope Tag Account, Deer Tag Account, Wild Pig Account, and Bighorn Sheep Account in the Fish and Game Preservation Fund.
(d) The department may make grants or enter into contracts with nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) for the use of funds from the Bear Tag Account when it finds that the contracts are necessary for carrying out the purposes of this article.
(e) Before any funds from the Bear Tag Account may be expended on a project, the commission shall review the proposed project and verify that the requirements of this section have been met. Prior to commission verification, the department shall analyze the proposed project and provide the commission with recommendations as to the project’s feasibility and need. The department shall also solicit comment on the proposed project from interested nonprofit organizations that have goals and objectives directly related to the management and conservation of big game species and primarily represent the interests of persons licensed pursuant to Section 3031.
(f) Bear projects authorized pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.
(g) The department shall maintain the internal accountability necessary to ensure compliance with the collection, deposit, and expenditure of revenues specified in this section.

SEC. 17.

 Section 4903 of the Fish and Game Code is repealed.

SEC. 18.

 Section 4903 is added to the Fish and Game Code, to read:

4903.
 (a) The Bighorn Sheep Account is hereby established within the Fish and Game Preservation Fund.
(b) All funds collected from the sale of bighorn sheep tags shall be deposited in the Bighorn Sheep Account to permit separate accountability for the receipt and expenditure of these funds.
(c) Funds deposited in the Bighorn Sheep Account shall be available for expenditure upon appropriation by the Legislature to the department. These funds shall be expended solely for the purposes of the bighorn sheep program, including acquiring land, completing projects, and implementing programs to benefit bighorn sheep, and expanding public hunting opportunities and public outreach related to hunter education on bighorn sheep hunting. related public outreach. These funds shall be available for expenditure by the department solely for programs and projects to benefit bighorn sheep and for the direct costs and administrative overhead incurred solely in carrying out the department’s bighorn sheep activities. Administrative overhead shall be limited to the reasonable costs associated with the direct administration of the program. The department may also use these funds to enter into contracts or to award grants to reimburse, upon completion of the projects, nonprofit organizations described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) for related conservation projects. Any land acquired with funds from the Bighorn Sheep Account shall be acquired in fee title or protected with a conservation easement and, to the extent possible, be open or provide access to the public for bighorn sheep hunting. The department may also use funds from the Bighorn Sheep Account to pay for administrative and enforcement costs of the programs and activities described in this section. The department shall not allocate more than 6 percent of the total revenue deposited in the Bighorn Sheep Account annually to pay for those administrative costs. this section. The amount allocated from the account for administrative costs shall be limited to the reasonable costs associated with direct administration of the programs and activities described in this section and Section 331. Funds in the Bighorn Sheep Account may be utilized jointly with funds from the Elk Tag Account, Antelope Tag Account, Deer Tag Account, Wild Pig Account, and Bear Tag Account in the Fish and Game Preservation Fund.
(d) The department may make grants or enter into contracts with nonprofit organizations for the use of the funds from the Bighorn Sheep Account when it finds that the contracts are necessary for carrying out the purposes of this article.
(e) Before any funds from the Bighorn Sheep Account may be expended on a project, the commission shall review the proposed project and verify that the requirements of this section have been met. Prior to commission verification, the department shall analyze the proposed project and provide the commission with recommendations as to the project’s feasibility and need. The department shall also solicit comment on the proposed project from interested nonprofit organizations that have goals and objectives directly related to the management and conservation of big game species and primarily represent the interests of persons licensed pursuant to Section 3031.
(f) Bighorn sheep projects authorized pursuant to this section are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.
(g) The department shall maintain the internal accountability necessary to ensure compliance with the collection, deposit, and expenditure of funds specified in this section.

SEC. 19.

 The Department of Fish and Game, as part of its annual budget proposal for the 2009–10 fiscal year, that is subject to approval by the Legislature as part of the annual Budget Act, shall include adequate funding, as determined by the department, to begin the process of developing plans to implement the strategies in the California Comprehensive Wildlife Action Plan.