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SB-1191 Fish and wildlife: management plans.(2015-2016)

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SB1191:v98#DOCUMENT

Amended  IN  Senate  April 05, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill No. 1191


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   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.