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AB-2151 Hunting: antelope, elk, bear, and bighorn sheep tags: apprentice tags: fees for residents. (2017-2018)

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Date Published: 04/16/2018 09:00 PM
AB2151:v97#DOCUMENT

Amended  IN  Assembly  April 16, 2018
Amended  IN  Assembly  March 13, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2151


Introduced by Assembly Member Gray
(Coauthor: Assembly Member Bigelow)(Coauthors: Assembly Members Bigelow and Brough)
(Coauthor: Senator Berryhill)

February 12, 2018


An act to amend Sections 709 and 1054.8 of, to amend, repeal, and add Sections 331, 332, 709, 1054.8, 4751, and 4902 of of, the Fish and Game Code, relating to hunting.


LEGISLATIVE COUNSEL'S DIGEST


AB 2151, as amended, Gray. Hunting: antelope, elk, bear, and bighorn ram sheep tags: apprentice tags: fees for residents.
Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law provides for the issuance by the Department of Fish and Wildlife of tags that are required in addition to a hunting license to take specified animals, including antelope, elk, bears, or bighorn rams. Existing law sets the fee for tags for those animals for a resident of the state as follows: $55 for an antelope tag, $165 for an elk tag, $15 for a bear tag, and $400 for a bighorn sheep tag. Existing law requires those fees to be adjusted annually pursuant to a specified index.
This bill would would, until January 1, 2024, provide for the issuance of an apprentice antelope, elk, bear, and or bighorn sheep tag for a fee of $20 to a resident of the state who possesses a junior hunting license for a fee of $20, as specified, license and would prohibit any adjustment of those fees. The bill would require the department to prepare a report to the Legislature no later than January 1, 2023, on the effect of these apprentice tag fees on rates of participation by junior hunters, the Big Game Management Account, and the Fish and Game Preservation Fund. The bill would make other related and conforming changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) The department shall prepare a report to the Legislature no later than January 1, 2023, on effects of apprentice tags issued pursuant to Sections 331, 332, 4751, and 4902 of the Fish and Game Code on rates of participation by junior hunters, the Big Game Management Account, and the Fish and Game Preservation Fund. The department shall make recommendations on improving the cost-effectiveness of those apprentice tags.
(b) The report required to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027.

SECTION 1.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 pronghorn antelope (Antilocapra americana) that may be taken under regulations that the commission may adopt from time to time.
(b) (1) Only a person possessing a valid hunting license may obtain a tag for the taking of pronghorn antelope.
(2) Only a person who is a resident of the state and who possesses a junior hunting license may obtain an apprentice pronghorn antelope tag for the taking of pronghorn antelope.
(c) The department may issue a pronghorn antelope tag upon payment of a fee. The fee for a pronghorn antelope tag for a resident of the state, except for an apprentice pronghorn antelope tag, shall be fifty-five dollars ($55) as adjusted under Section 713. The fee for an apprentice pronghorn antelope tag shall be twenty dollars ($20) and shall not be adjusted pursuant to any provision of 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 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 persons in the department as set forth in Section 3953.
(d) The commission shall direct the department to annually authorize not less than one pronghorn 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 pronghorn 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 (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 pronghorn antelope tag of the total number of tags available for issuance to nonresidents of the state.
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.

 Section 331 is added to the Fish and Game Code, 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 pronghorn antelope (Antilocapra americana) that may be taken under regulations that the commission may adopt from time to time.
(b) 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 pronghorn antelope.
(c) The department may issue a pronghorn antelope tag upon payment of a fee. The fee for a pronghorn antelope 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 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 persons in the department as set forth in Section 3953.
(d) The commission shall direct the department to annually authorize not less than one pronghorn 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 pronghorn 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 (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 pronghorn antelope tag of the total number of tags available for issuance to nonresidents of the state.
(f) This section shall become operative on January 1, 2024.

SEC. 2.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) (1) Only a person possessing a valid hunting license may obtain a tag for the taking of elk.
(2) Only a person who is a resident of the state and who possesses a junior hunting license may obtain an apprentice elk tag for the taking of elk.
(c) The department may issue an elk tag upon payment of a fee. The fee for an elk tag for a resident of the state, except for an apprentice elk tag, shall be one hundred sixty-five dollars ($165), as adjusted under Section 713. The fee for an apprentice elk tag shall be twenty dollars ($20) and shall not be adjusted pursuant to any provision of 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 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) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 5.

 Section 332 is added to the Fish and Game Code, 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 an elk 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 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) This section shall become operative on January 1, 2024.

SEC. 3.SEC. 6.

 Section 709 of the Fish and Game Code is amended to read:

709.
 A nonprofit organization designated by the department to assist in the sale of deer, elk, antelope, or bighorn sheep fundraising tags that are sold on behalf of the department for the purpose of raising funds for specified programs and projects, pursuant to subdivision (d) of Section 331, subdivision (d) of Section 332, subdivision (a) of Section 4334, or subdivision (e) of Section 4902, is authorized to retain 5 percent of the amount of the sale price of the tag as a reasonable vendor fee.

SEC. 4.SEC. 7.

 Section 1054.8 of the Fish and Game Code is amended to read:

1054.8.
 (a) The department shall establish, and keep current, written policies and procedures relating to the application process and the award of hunting tags for fundraising purposes, as authorized pursuant to subdivision (d) of Section 331, subdivision (d) of Section 332, Section 4334, or subdivision (e) of Section 4902.
(b) The policies and procedures shall include, but need not be limited to, all of the following:
(1) The application process and criteria.
(2) A standard application format.
(3) An appeal process.
(4) A requirement that all applications shall remain sealed until on or after a filing date specified by the department.
(c) The department shall make the policies and procedures available to interested parties 30 days before their implementation and shall receive and consider any related recommendations.
(d) The department shall not require a minimum tag sale price, except as otherwise provided in this code.
(e) It is the intent of the Legislature that the department develop policies and procedures that seek to maximize both the revenues received by the department and participation by qualified nonprofit organizations making application to sell the tags as sellers of the tags.

SEC. 5.SEC. 8.

 Section 4751 of the Fish and Game Code is amended to read:

4751.
 (a) Any resident of this state, 18 years of age or older, who possesses a valid hunting license, may procure the number of bear tags corresponding to the number of bear that may legally be taken by one person during the current license year, upon payment of a base fee of fifteen dollars ($15), as adjusted under Section 713, for each bear tag.
(b) Any resident of this state, who possesses a valid junior hunting license and is at least 12 years of age, may procure the number of bear tags corresponding to the number of bear that may legally be taken by one person during the current license year, upon payment of a base fee of twenty dollars ($20), for each bear tag. The fee for these tags shall not be adjusted pursuant to any provision of Section 713. These tags shall be known as apprentice bear tags.
(c) Any nonresident of this state, 12 years of age or over, who possesses a valid California hunting license, may procure the number of bear tags corresponding to the number of bear that may be legally taken by one person during the current license year upon payment of the base fee of one hundred five dollars ($105), as adjusted under Section 713, for each bear tag.
(d) Fee revenues collected pursuant to this section 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) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 9.

 Section 4751 is added to the Fish and Game Code, to read:

4751.
 (a) Any resident of this state, 12 years of age or older, who possesses a valid hunting license, may procure the number of bear tags corresponding to the number of bear that may legally be taken by one person during the current license year, upon payment of a base fee of fifteen dollars ($15), as adjusted under Section 713, for each bear tag. Fee revenues 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.
(b) Any nonresident of this state, 12 years of age or older, who possesses a valid California hunting license, may procure the number of bear tags corresponding to the number of bear that may be legally taken by one person during the current license year upon payment of the base fee of one hundred five dollars ($105), as adjusted under Section 713, for each bear tag. Fee revenues 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.
(c) This section shall become operative on January 1, 2024.

SEC. 6.SEC. 10.

 Section 4902 of the Fish and Game Code is amended to read:

4902.
 (a) The commission may adopt all regulations necessary to provide for biologically sound management of Nelson bighorn sheep (subspecies Ovis canadensis nelsoni).
(b) (1) After the plans developed by the department pursuant to Section 4901 for the management units have been submitted, the commission may authorize sport hunting of mature Nelson bighorn rams. Before authorizing the sport hunting, the commission shall take into account the Nelson bighorn sheep population statewide, including the population in the management units designated for hunting.
(2) Notwithstanding Section 219, the commission shall not, however, adopt regulations authorizing the sport hunting in a single year of more than 15 percent of the mature Nelson bighorn rams in a single management unit, based on the department’s annual estimate of the population in each management unit.
(c) (1) Only a person possessing a valid hunting license may obtain a tag for the taking of a Nelson bighorn ram.
(2) Only a person who is a resident of the state and who possesses a junior hunting license may obtain an apprentice bighorn sheep tag for the taking of a Nelson bighorn ram.
(d) If hunting of Nelson bighorn rams is authorized pursuant to subdivision (b), the department may issue a bighorn sheep tag upon payment of a fee. The fee for a bighorn sheep tag for a resident of the state, except for an apprentice bighorn sheep tag, to take a Nelson bighorn ram shall be four hundred dollars ($400), as adjusted pursuant to Section 713. The fee for an apprentice bighorn sheep tag for a resident of the state to take a Nelson bighorn ram shall be twenty dollars ($20) and shall not be adjusted pursuant to any provision of Section 713. On or before July 1, 2015, the commission shall, by regulation, fix the fee for a nonresident of the state at not less than one thousand five hundred dollars ($1,500), which shall be adjusted annually pursuant to Section 713. Fee revenues 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 annually direct the department to authorize not more than three of the tags available for issuance that year to take Nelson bighorn rams for the purpose of raising funds for programs and projects to benefit Nelson bighorn sheep. These tags may be sold to residents or nonresidents of the State of California at auction or by another method and shall not be subject to the fee limitation prescribed in subdivision (d). Commencing with tags sold for the 1993 hunting season, if more than one tag is authorized, the department shall designate a nonprofit organization organized pursuant to the laws of this state, or the California chapter of a nonprofit organization organized pursuant to the laws of another state, as the seller of not less than one of these tags. The number of tags authorized for the purpose of raising funds pursuant to this subdivision, if more than one, shall not exceed 15 percent of the total number of tags authorized pursuant to subdivision (b). All revenue from the sale of tags 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.
(f) No tag issued pursuant to this section shall be valid unless and until the licensee has successfully completed a prehunt hunter familiarization and orientation and has demonstrated to the department that he or she is familiar with the requisite equipment for participating in the hunting of Nelson bighorn rams, as determined by the commission. The orientation shall be conducted by the department at convenient locations and times preceding each season, as determined by the commission.
(g) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 11.

 Section 4902 is added to the Fish and Game Code, to read:

4902.
 (a) The commission may adopt all regulations necessary to provide for biologically sound management of Nelson bighorn sheep (subspecies Ovis canadensis nelsoni).
(b) (1) After the plans developed by the department pursuant to Section 4901 for the management units have been submitted, the commission may authorize sport hunting of mature Nelson bighorn rams. Before authorizing the sport hunting, the commission shall take into account the Nelson bighorn sheep population statewide, including the population in the management units designated for hunting.
(2) Notwithstanding Section 219, the commission shall not, however, adopt regulations authorizing the sport hunting in a single year of more than 15 percent of the mature Nelson bighorn rams in a single management unit, based on the department’s annual estimate of the population in each management unit.
(c) Only a person possessing a valid hunting license may obtain a tag for the taking of a Nelson bighorn ram.
(d) If hunting of Nelson bighorn rams is authorized pursuant to subdivision (b), the department may issue a bighorn sheep tag upon payment of a fee. The fee for a bighorn sheep tag to take a Nelson bighorn ram shall be four hundred dollars ($400) for a resident of the state, which shall be adjusted annually pursuant to Section 713. On or before July 1, 2015, the commission shall, by regulation, fix the fee for a nonresident of the state at not less than one thousand five hundred dollars ($1,500), which shall be adjusted annually pursuant to Section 713. Fee revenues 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 annually direct the department to authorize not more than three of the tags available for issuance that year to take Nelson bighorn rams for the purpose of raising funds for programs and projects to benefit Nelson bighorn sheep. These tags may be sold to residents or nonresidents of the State of California at auction or by another method and shall not be subject to the fee limitation prescribed in subdivision (d). Commencing with tags sold for the 1993 hunting season, if more than one tag is authorized, the department shall designate a nonprofit organization organized pursuant to the laws of this state, or the California chapter of a nonprofit organization organized pursuant to the laws of another state, as the seller of not less than one of these tags. The number of tags authorized for the purpose of raising funds pursuant to this subdivision, if more than one, shall not exceed 15 percent of the total number of tags authorized pursuant to subdivision (b). All revenue from the sale of tags 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.
(f) No tag issued pursuant to this section shall be valid unless and until the licensee has successfully completed a prehunt hunter familiarization and orientation and has demonstrated to the department that he or she is familiar with the requisite equipment for participating in the hunting of Nelson bighorn rams, as determined by the commission. The orientation shall be conducted by the department at convenient locations and times preceding each season, as determined by the commission.
(g) This section shall become operative on January 1, 2024.