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PROTECT HUNTING
Our hunting tradition and wildlife habitat is under serious threat. Care about the future of our heritage?
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Check out the COHA
Field Wire.
Subscribe to our Field Wire email newsletter and receive immediate updates on issues critical to you and join the COHA Action Team. |
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| "The need for sportsmen to have an effective voice in the political arena is vital. COHA will add strength at the state level and will complement the efforts of the California Outdoor Caucus." |
Jeff Crane, President
The Congressional Sportsmen's Foundation |
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ACA 11 (Berryhill) - Right to Hunt - SUPPORT
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ACA 11 is a National Rifle Association (NRA)sponsored measure that would establish hunting as a right protected under the California Constitution, similar to what has been passed in at least 10 other states. The measure would not interfere with: 1) a private landowner’s ability to protect his/her property from trespassing; 2) state and federal protected species laws; and, 3) the Fish and Game Commission’s authority to regulate the taking of fish and game.
COHA believes this measure is needed to prevent increasing efforts by special interest groups to take authority away from the science-based CA Fish and Game Commission and arbitrarily restrict or ban hunting activities. These include legislative measures in recent years to ban mourning dove hunting (AB 1190) and prohibit the use of dogs for hunting mammals (AB 342).
In addition, hunting is currently defined as a mere “privilege” under the Fish and Game Code. ACA 11 would help clarify that the taking of game is one of the many rights of the people protected under the California Constitution, and would therefore better help to legally secure it for future generations.
The closely related activity of fishing is also specifically protected under Section 25 of Article I of the California Constitution. This provision has not been found to inhibit the State’s ability to regulate fishing or manage fish populations whatsoever.
Moreover, the State Attorney General and California courts have determined that hunting is part of the Constitutional right of navigation, as provided under Section 4 of Article X. Similarly, that provision has not unreasonably interfered with state game management actions or other necessary conservation activities.
ACA 11 has been referred to the Assembly Water, Parks and Wildlife Committee. To help support this measure, click below. |
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ACA 11 Contact Info |
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SB 1058 - Protection of Big Game Tag and Upland Game Bird Stamp Revenues - COHA SPONSORED
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Senator Tom Harman (R-Orange) has introduced SB 1058, COHA-sponsored legislation which would prevent big game tag and upland bird stamp monies from being misused for non-game or non-hunting purposes. A similar COHA-sponsored bill, SB 589, was vetoed by the Governor last year.
SB 1058 would mandate that all deer, elk, wild pig, antelope, bighorn sheep and bear tag revenues and upland game bird stamp monies be used to benefit those particular species, their habitats, and the users that generate them. It would also provide much-needed opportunity for sportsman’s groups to review and provide comment on proposed expenditures of the funds.
Beginning in the 1980s, a portion of hunting license tag/stamp monies were redirected away from game species conservation to other purposes. Loopholes in state law also currently allow for a significant portion of deer tag monies and all bear tag monies to be used for non-game purposes, while a large percentage of pig tag funds have also remained unspent or been redirected in recent years.
According to data from 2006, only 62% of deer tag revenue was actually used for deer-related projects. Similarly, only 64% of wild pig tag money and 48% of wild sheep auction tag money was used for related conservation work.
SB 1058 also consolidates various existing big game species fiscal accounts into a single account, which improves efficiencies in the use of the monies and gives the Department of Fish and Game greater flexibility to benefit all big game species.
A separate provision of SB 1058 elevates hunting and fishing above other recreational uses when the Fish and Game Commission determines which uses are appropriate for DFG’s Wildlife Management Areas.
SB 1058 will be heard in the Senate Natural Resources and Water Committee in early April. |
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SB 1058 As Introduced |
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Sample Support Letter |
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Senate Natural Resources Committee |
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AB 979 - Ban on Local Government Interference With Hunting/Fishing Activities - COHA SPONSORED
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AB 979, legislation authored by Assemblymember Tom Berryhill (R-Modesto), would help keep cities and counties from interfering with hunting and fishing activities. The bill is being sponsored by COHA in response to increasing efforts by urban cities and counties to arbitrarily restrict hunting activities within their jurisdictions, mostly due to local anti-hunting sentiment. This has occurred most recently with the Cities of Hercules and Mountain View in the Bay Area, as well as with the City of Morro Bay in San Luis Obispo County. The bill would preempt local government ordinances that do not have a legitimate public safety purpose and reaffirm the California Fish and Game Commission’s primary authority over the regulation of fish and game.
AB 979 is currently on the Senate Floor. |
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COHA Support Letter AB 979 |
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AB 1254 - Streamlining of Fish and Game Commission Meeting Schedule - COHA SPONSORED
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AB 1254, legislation introduced by Assemblymember Tom Berryhill (R-Modesto), would help minimize costs associated with the California Fish and Game Commission meeting schedule. This measure would reduce the required number of regular Commission meetings from ten to eight annually and allow up to three meetings to be held each year in Sacramento. Making this adjustment will likely save the Department tens of thousands of dollars and reduce pressure on hunter generated monies. AB 1254 is sponsored by the COHA.
Additionally, AB 1254 will be amended in June to include provisions pertaining to the take of peregrine falcons for falconry purposes, increasing hunting opportunity for bighorn sheep, clarifying navigable waters hunting regulations and providing incentives to recruit and retain hunter education instructors. Stay tuned for additional information.
AB 1254 passed out of the Assembly and is currently in the Senate Rules Committee. |
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AB 2223 - Prohibition of Lead Shot on State Wildlife Areas - OPPOSE
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Assembly Member Pedro Nava (D-Santa Barbara) has introduced AB 2223, legislation which would prohibit the use of lead shot on state Wildlife Management Areas (WMAs) operated by the Department of Fish and Game (DFG). Violators of the bill’s provisions would be subject to a $500 fine on the first offense.
COHA must strongly oppose this measure because it would ensure that politics, rather than science, dictates the state’s hunting regulations and management of wildlife. The bill would not only undermine the Constitutional authority of the California Fish and Game Commission - the regulatory body tasked with determining the precise methods of take for hunting and the specific public use regulations for each WMA - but also remove any meaningful scientific review and analysis of the effects of lead shot by providing an exemption from the California Environmental Quality Act (CEQA).
According to the proponents, the bill is intended to reduce the alleged lead shot-induced mortality to mourning doves—perhaps the most populous game bird in North America—as well as to raptors that feed on doves and other small game. Yet, only a portion of the WMAs across the state provide significant dove hunting opportunity and fields that are heavily hunted for dove are typically disked on an annual basis so as to make most lead pellets unavailable to wildlife. In addition, there have been no documented incidents in recent years of raptors succumbing to lead shot poisoning on WMAs.
“I’ve hunted two dozen WMAs across the state for just about every upland game bird and small game species, and the one thing you notice is that each area is unique in terms of species, topography, management practices and degree of hunter pressure,” stated Mark Hennelly, Vice President of COHA. “AB 2223 wrongly mandates a 'one-size fits all' approach without a single area specific study demonstrating significant impacts from the use of lead shot on wildlife.”
AB 2223 is sponsored by the Audubon Society, Defenders of Wildlife and the Humane Society of the United States. The first hearing will likely be in the Assembly Water, Parks and Wildlife Committee in early April. |
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Assembly Water, Parks and Wildlife Committee |
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Governor Proposes $5 Million Cut to Hunting and Fishing Programs
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In January, Governor Arnold Schwarzenegger released his proposed FY 2010/2011 state budget package, which seeks to close a massive $21 billion dollar deficit. To help bridge the budget shortfall, Governor Schwarzenegger is proposing to raid hunting and fishing program funding by $5 million dollars. The Governor's budget summary did not provide any detail on where the cuts to these programs would be made and/or how they would affect hunters and anglers.
The Governor's budget proposal must now go to the State Legislature for consideration, with the intention being for the Governor and the Legislature to reach agreement on the final budget by the beginning of the new state fiscal year on July 1st, 2010. California Outdoor Heritage Alliance (COHA) staff will be actively engaged throughout the Legislature's review of the budget package to minimize cuts to these important programs.
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SB 589 (Harman) Hunting License Stamp/Tag Fiscal Oversight - COHA SPONSORED
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Despite garnering near unanimous support in the State Legislature, Governor Arnold Schwarzenegger vetoed Senate Bill 589 in October - legislation which would have prevented big game tag and upland game stamp revenues from being misused for non-game conservation or non-hunting purposes. The bill was authored by Senator Tom Harman (R-Huntington Beach) and sponsored by COHA.
“The issue of tag and stamp fees being used inappropriately is not going away and I will continue working to address this problem,” said Senator Harman. “For years, sportsman have sat by and watched money – that was supposed to go to species preservation – be used for anything but. Senate Bill 589 would have added much needed transparency and honesty to how the Department of Fish and Game uses our tag money. It is a shame the Governor missed an opportunity to set things right and help protect the rich heritage of outdoor sports in California.”
“Hunters are sick and tired of seeing their tag and stamp fees siphoned off for unrelated purposes. The Governor’s failure to sign this bill, along with his recent efforts to raid $30 million from the Fish and Game Preservation Fund, will only feed the longstanding cynicism within the hunting community that many of their dollars are being wasted” stated Mark Hennelly, Vice President of COHA.
Since the 1980s, a portion of hunting license tag and stamp monies has been redirected away from game species conservation to other unrelated purposes. Loopholes in state law also allow for a significant portion of deer tag monies and all bear tag monies to be used for non-game purposes, while a large percentage of pig tag funds have also been redirected or simply gone unspent.
According to California Department of Fish and Game (DFG) data from 2006, only 62% of deer tag revenue was actually used for deer-related projects, while only 64% of wild pig tag money and 48% of wild sheep auction tag money was expended for related conservation work.
To more fully address these problems over the long-term, SB 589 would have mandated that all user fee revenues (about $9.5 million total) from the sale of bear, elk, wild sheep, antelope, wild pig, deer and upland game bird tags and stamps be used for related conservation activities and public hunting purposes.
In addition, DFG would have been required to consult with non-profit sportsmen’s organizations on all proposed conservation projects funded from the fees, while facilitating the cost-effective assistance of the nonprofits in completing the projects. DFG would have also been required to post a description of each completed project on its website, allowing hunters to see how their monies are used on the ground.
The Governor’s veto message stated that “The creation of more dedicated accounts and reserving more funds for those accounts will only increase the complexity of the Department’s fiscal management…as well as reduce the Department’s flexibility to appropriately administer hunting programs.”
However, rather than creating more accounts and increasing budget complexity, SB 589 would have in reality simplified DFG’s budgeting by consolidating several existing big game species fiscal accounts into one single account. And, contrary to the Governor’s statement, the bill would have actually given DFG greater flexibility to benefit all big game species by allowing big game tag funds to be used interchangeably.
COHA will continue to maintain as a top priority the passing of legislation which prohibits inappropriate redirection of hunter generated game revenues to non-related uses.
“The Governor missed an opportunity to gain back the confidence of the outdoor community by providing much needed transparency and accountability over the state expenditure of hunter generated dollars,” said Bill Gaines, COHA President. “As a result, the hunting community is likely to overwhelmingly oppose any future effort to address budget shortfalls via the raising of existing hunting related fees or the creation of new hunter related revenue streams.” |
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SB 589 Veto Message |
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2010/2011 State Budget
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Governor Arnold Schwarzenegger has released his proposed FY 2010/2011 State Budget proposal, which seeks to close a massive $21 billion dollar deficit. To help bridge the budget shortfall, Governor Schwarzenegger is proposing to raid hunting and fishing program funding by $5 million dollars.
On February 3, 2010, COHA staff provided testimony to the Senate Budget Committee in opposition to the Governor's proposal to raid $5 million dollars from hunting and fishing programs within the Department of Fish and Game. Following public comment the Committee Chair, State Senator Ducheny (D-San Diego), instructed the Department of Fish and Game and the Department of Finance to work with COHA and others, to identify possible cuts that do not impact programs supported by hunting license and tag fees. COHA is pleased to provide the Committee with other solutions to the budget shortfall.
The Governor’s budget package also again seeks to eliminate nearly all state funding for the Williamson Act, a program that currently protects 16.4 million acres of farm ground - including wildlife-friendly agricultural lands such as flooded rice and corn fields leased for hunting - from conversion to non-agricultural uses. The 42-year-old program gives farmers a tax break in return for them agreeing to not develop their property, typically for a 10 year period. The state funding consists of subventions to local counties to reimburse them for lost tax revenue. Without the state subventions, most counties would simply not participate in what has proven one of California's most successful land conservation programs. Again this year, COHA is working with a broad coalition of other groups to restore funding for the Act.
The Governor's budget proposal must now go to the State Legislature for consideration, with the intention being for the Governor and the Legislature to reach agreement on the final budget prior to the beginning of the new state fiscal year on July 1st, 2010. California Outdoor Heritage Alliance (COHA) staff will be actively engaged throughout the Legislature's review of the budget package to minimize cuts to these important programs.
On a related note, the Assembly Water, Parks and Wildlife Committee has also invited COHA to speak at a hearing the week of February 8th regarding the future of the Department. COHA’s testimony will focus on 1) ensuring that DFG uses hunting-related monies, particularly stamp and tag monies, for their intended game species and hunting purposes; 2) the critical role of partnerships with nonprofits and landowners to DFG’s wildlife conservation mission; 3) the increasing need to secure cheap and reliable supplies of water for waterfowl and other wildlife; and 4) the need for greater enforcement of our fish and game laws. |
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Water Bond Measure to Include Significant Waterfowl Habitat Funding
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After more than 3 years of lobbying efforts, the California Outdoor Heritage Alliance (COHA) has succeeded in including $110 million for waterfowl and wetland habitat conservation efforts in a statewide bond measure that will appear on the November 2, 2010 ballot. COHA was pleased to work with its founding member, California Waterfowl, as well as its conservation partners, Ducks Unlimited and the Grasslands Water District, to include this important funding as part of an overall $11.14 billion water bond package.
The measure, entitled the “Safe, Clean, and Reliable Drinking Water Supply Act of 2010”, includes language COHA helped draft which calls for “at least $100 million” to be allocated to the Wildlife Conservation Board for the purchase of water rights and water conveyance infrastructure for wildlife refuges and habitat areas under the federal Central Valley Project Improvement Act (CVPIA). These waterfowl habitat areas include Central Valley National Wildlife Refuges, state Wildlife Areas and private duck clubs within the Grasslands Resource Conservation District in Merced County – areas which provide significant hunting opportunity for waterfowl, pheasant and other game birds.
The measure also includes COHA written language which would provide an additional $10 million for private lands wetland conservation programs administered by the Department of Fish and Game – including the California Waterfowl Habitat Program (i.e. Presley Program) – that offer financial incentives to duck clubs and other private landowners to protect and enhance the wildlife values of their property.
COHA wishes to thank Senator Dave Cogdill (R-Fresno), the author of the bond measure, as well as Senator Darrell Steinberg (D-Sacramento) and Assembly Members Anna Caballero (D-Salinas) and Tom Berryhill (R-Modesto), for their considerable efforts to include our funding provisions. To take effect, the measure must be approved by the California electorate in November 2010. |
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Waterfowl/Wetland Bond Funding Provisions |
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California State Legislature Outdoor Sporting Caucus
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The California Legislature Outdoor Sporting Caucus was established to protect and promote California's wildlife, their habitats, and the ability of the public to participate in wildlife-related recreational activities. It will emphasize wildlife-related activities that bring us in closer contact with and promote a greater appreciation of California's natural resources.
As a bi-partisan, bi-cameral group the caucus' goal is to protect and enhance California's wildlife habitats and to further the understanding and acceptance of outdoor activities throughout the state. The caucus will also be an important tool to support the interests of California's many outdoor enthusiasts, as well as provide a bi-partisan voice for outdoor sporting issues within the State Legislature.
In early August, COHA – in partnership with the California Waterfowl Association, the National Wild Turkey Federation, Comcast, the Sportsmen’s Channel and several other COHA members and partners – hosted the Sixth Annual California Legislature Outdoor Sporting Caucus Trap and Skeet Shoot at the Cordova Shooting Center in Rancho Cordova, California. The intent of this event was to demonstrate to those in attendance that, when properly used by experienced people or by beginners with proper hands-on instruction, target shooting can be extremely safe and enjoyable. The overarching goal of the evening being to gather greater support and understanding of firearms and our shooting sports in the halls of our State Capitol. Each year, this highly anticipated event becomes increasingly popular with Legislators, key staff, top agency personnel, other important decision makers, and leaders in the wildlife, hunting and shooting community. This year, the event boasted a massive “standing room only" crowd of 150 – including numerous members of the State Legislature, their staff, Secretary of the California Resources Agency, Mike Chrisman, and other dignitaries.
With the 2008 Session now behind us, COHA staff has already begun coordinating with Senator Dennis Hollingsworth (R-Murrieta), Senate co-chair of the California Legislature Outdoor Sporting Caucus, on Caucus-related events and legislative actions for the 2009 Session. In addition to sponsoring pro-hunting and wildlife legislation, COHA’s goal is to identify ways to better disseminate information on hunting and fishing related bills to Legislators and staff, and to better engage Caucus members on key issues prior to voting.
Assembly Caucus co-chair, Assembly Member Nicole Parra (D-Hanford), has termed out after serving in the Assembly since 2002, and as Assembly Caucus co-chair for the past two years. On behalf of COHA and all of our members, COHA staff appreciates her commitment to the Caucus and thanks her for all of her efforts on behalf of wildlife conservation and the future of our hunting heritage.
Later this fall, COHA staff will again attend the annual National Association of Sportsmen’s Caucuses (NASC) conference. Each year, COHA attends this national summit of State Legislative Caucus members and related organizations in an effort to educate Caucuses in other states about California’s hunting and fishing issues, and to share legislative experience and policy ideas. With the assistance of California Waterfowl Association and the Cortopassi Family Foundation, COHA is pleased to be a major sponsor of the upcoming 2008 Annual NASC conference. |
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New “Animal Protection Caucus"
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In an apparent attempt to emulate the success of the California Outdoor Sporting Caucus (which COHA and CWA helped to create and continue to strongly support), animal rights groups have convinced members of the State Legislature to create their own Caucus formed solely to push an animal rights agenda. According to a press release issued by the Humane Society of the United States (HSUS), the new "Animal Protection Caucus" - co-chaired by Senator Dean Florez (D-Shafter), Senator Tony Strickland (R-Thousand Oaks), Assembly Member Cameron Smyth (R-Santa Clarita), and Assembly Member Pedro Nava (D-Santa Barbara) - will serve to highlight important issues affecting animals and to educate legislators and their staff on the need for "sensible" animal protection legislation.
This bold move by certain members of the California Legislature and the animal rights community clearly demonstrates their focus on California and their increased priority of passing legislation in our state that directly challenges hunting and science-based wildlife conservation.
Immediately after the media releases regarding the new Caucus hit the street, the office of Assembly co-chair, Cameron Smyth, contacted COHA requesting that COHA meet with him to discuss the Caucus. COHA is scheduled to meet with Smyth in mid February. |
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With 111th Congress and the new Obama Administration now fully underway on Capitol Hill, COHA is focusing on the following issues at the federal level: |
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H.R. 3749/S. 1770 – Recreational Fishing and Hunting Heritage and Opportunities Act
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In October 2009, positive “sister” legislation was introduced in the House of Representatives and U.S. Senate intended to recognize the tradition and benefits of recreational fishing, hunting, and shooting on federal public lands and ensure continued opportunities for these activities. In brief, these bills, H.R. 3749 and S. 1770, note that these activities are not only important activities to millions of Americans, but that these uses are environmentally beneficial and without adverse effects on other uses. The bills also note that hunters, anglers and “sporting” organizations provide valuable assistance to local, state and federal governments by investing volunteer time and effort to fish and wildlife conservation. In addition, the measures note that recreational anglers and hunters and the associated industries have generated billions of dollars in funding critical to fish and wildlife conservation, research and management via the purchase of licenses, permits, stamps and tags, and excise taxes of hunting, fishing and shooting equipment. Finally, the bills point out that because opportunities to recreationally fish and hunt are declining and placing these substantial benefits to the resource at risk, steps must be taken to promote these traditional activities.
In an effort to promote these traditional uses, the measures would require that federal public land management officials provide use of and access to federal public lands and waters for fishing, sport hunting, and recreational shooting except where closure is mandated by other federal statue or necessitated by public safety, national security, resource conservation and/or supported by the best scientific evidence and advanced through a transparent public process. In addition, among other things, the bills include language which requires that lands under the jurisdiction of the Bureau of Land Management and the U.S. Forest Service shall be open to these uses unless the managing agency acts to specifically close the lands to the activities. Finally, the measures establish a Sport Fishing and Boating Partnership Council and a Sporting Conservation Council to bring hunters, anglers and recreational shooters to the table and authorize funding for their support.
Both bills have quickly gathered support from both sides of the aisle. H.R. 3749 was referred to the House Natural Resources Committee and the House Agriculture Committee. S. 1770 was referred to the Senate Committee on Energy and Natural Resources. No action has been taken yet on either bill. |
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H.R. 1916 - “Migratory Bird Habitat Investment and Enhancement Act
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In April 2009, U.S. Representative John Dingell (D-MI) introduced H.R. 1916, the “Migratory Bird Habitat Investment and Enhancement Act”, legislation which authorizes an increase in the price of the federal duck stamp to accelerate the restoration, enhancement and protection of waterfowl habitats. To generate additional funding, the measure proposes to increase the price of the federal duck stamp to $25 beginning in 2010 through 2016, and increase the price of a stamp to $35 after 2016. Currently, well over 90% of federal duck stamp revenues go towards land acquisition and/or leasing of important waterfowl habitats.
Similar legislation was introduced during both the 109th and 110th Congress. In 2007, U.S. Representatives Mike Thompson (D-1st/CA) and Don Young (R-AK) introduced H.R. 2757. Recognizing that hunters were once again being solely called upon to address our nation’s wetland conservation needs, COHA sought language in the bill to ensure that the community that was paying the lion’s share of the costs would also benefit. At COHA’s request, H.R. 2757 included language which stated that the Secretary of the Interior, acting through the Director of the USFWS should help to ensure that National Wildlife Refuge System lands which are acquired with these supplemental funds allow hunting and other priority general public uses, consistent with the National Wildlife Refuge System Administration Act of 1966. COHA continues to work with our national partners and members of Congress to obtain similar language in H.R. 1916.
In July 2009, amendments to H.R. 1916 were passed to the House Resources Committee by the Subcommittee on Insular Affairs, Oceans and Wildlife by a 26 – 16 vote. As of late January 2010, the measure has seen no further action. |
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H.R. 1831/S. 812 – Land Conservation Tax Incentives
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In March 2009, U.S. Representatives Mike Thompson (D-CA) and Eric Cantor (R-VA) introduced H.R. 1831, coined the “Conservation Easement Incentive Act of 2009” – legislation which would make the existing tax incentives for qualified land conservation permanent. One month later, in April 2009, U.S. Senators Max Baucus (D-MT) and Chuck Grassley (R-IA) introduced S. 812, the “Rural Heritage Conservation Extension Act of 2009” on the Senate side. Both measures propose to amend the Internal Revenue Code of 1986 to make permanent the special rule for contributions of qualified conservation contributions
The special rule allows qualifying landowners who donate their land for a conservation easement to deduct up to deduct up to 100% of their income for up to 16 years in return for the permanent retirement of development rights. These significant tax incentives were first passed by Congress in 2006 and reauthorized by the 2008 Farm Bill, but are slated to sunset at the end of 2009.
COHA continues to work with a sweeping coalition of California organizations, including the California Farm Bureau Federation, California Association of Winegrape Growers, California Cattlemen’s Association and California Waterfowl Association in supporting these measures. However, as of March 2010, neither bill has been heard in their original committee – H.R. 1831 in the House Committee on Ways and Means, and S. 812 in the Senate Committee on Finance. |
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H.R. 3750/S. 1759 – Water Transfer Facilitation Act of 2009
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COHA is also closely monitoring legislation introduced in the House of Representatives and U.S. Senate intended to help ease the effects of severe drought in the Central Valley by allowing new voluntary water transfers of up to 250,000 to 300,000 acre-feet of water. These companion bills, H.R. 3750 and S. 1759, would facilitate and expedite water transfers by granting new authority to the U.S. Bureau of Reclamation (USBR) to approve water transfers between sellers and buyers in the San Joaquin Valley and streamlining environmental reviews for Central Valley transfers by ensuring that they occur on a programmatic basis, instead of project-by-project basis as is current practice. COHA is working these bills in an effort to ensure that newly facilitated water transfer do not sacrifice water supplies necessary for public and private wetlands throughout California’s entire Central Valley.
Specifically, among other things, these bills would establish new parameters for San Joaquin Valley water transfers that can be authorized by the USBR. Currently, USBR cannot approve a water transfer if it is determined that the seller with surplus water could have used the water, even if the transfer was proven to have no negative impact on the environment. These bills would explicitly grant USBR the authority to approve these types of East-West transfers, as long as they qualify under environmental regulations. According to the USBR, this section alone could generate up to 100,000 or 150,000 acre-feet of water transfers per year. The measures also would direct USBR to analyze existing transfers and prepare recommendations on whether there are other ways to facilitate future Central Valley transfers more efficiently – including transfers from north to south and from east to west, as well as between California state and federal projects.
H.R. 3750 was introduced in the House by Representatives Costa (D-20th/CA) and Cardoza (D-18th/CA) on October 13th and promptly referred to the House Resources Committee, where it has yet to see consideration. On the Senate side, S. 1759 was introduced on October 7, 2009 by U.S. Senator Dianne Feinstein (CA) and quickly referred to the Committee on Energy and Natural Resources. In November 2009, the Committee on Energy and Natural Resources Subcommittee on Water and Power held hearings on S. 1759 Committee on Energy and Natural Resources. In mid December, the Senate bill was ordered to be reported with amendments. |
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H.R. 45 – Blair Holt's Firearm Licensing and Record of Sale Act of 2009
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Sometimes legislation which has the least chance of passing grabs the most public outcry. Such is the case with H.R. 45, legislation by U.S Representative Bobby L. Rush (D-IL) which has lit up the internet for the past several months. Although the daunting language of the measure has some hunters and other firearms enthusiasts on the edge of panic, the fact is that the bill poses a minimal threat to our heritage. The legislation was introduced on January 6, 2009, and immediately referred to the House Committee on the Judiciary. One month later, on February 9th, the measure was referred to the Subcommittee on Crime, Terrorism, and Homeland Security where – as of late September – it still has yet to gather any interest in committee. Perhaps most telling of the bill’s dim eventual fate, as of mid-July, it has not garnered a single co-sponsor in the House. Fully aware, however, that things can quickly change in politics, COHA will continue to closely monitor this measure.
Coined the “Blair Holt's Firearm Licensing and Record of Sale Act of 2009”, H.R. 45 would amend the Brady Handgun Violence Prevention Act to prohibit a person from possessing any handgun or any semiautomatic firearm that can accept a detachable ammunition clip unless that person has been issued a firearm license under the Act or a state system certified under the Act. To make matters worse, H.R 45 prescribes relatively painful license application procedure which includes full personal detail on the applicant, a thumb print, and successful completion of a written firearms examination.
H.R. 45 would also prohibit: 1) transferring a firearm to any person other than a licensee, unless the transfer is processed through a licensed dealer in accordance with national instant criminal background check system requirements, with exceptions; 2) a licensed manufacturer or dealer from failing to comply with reporting and record keeping requirements of the Act; 3) failing to report the loss or theft of the firearm to the Attorney General within 72 hours; (4) failing to report to the Attorney General an address change within 60 days; or (5) keeping a loaded firearm, or an unloaded firearm and ammunition for the firearm, knowingly or recklessly disregarding the risk that a child is capable of gaining access, if a child uses the firearm and causes death or serious bodily injury.
Blair Holt, a junior at Julian High School in Chicago, was killed on the afternoon of May 10, 2007 while riding home from school on a public bus when he used his body to shield a girl who was in the line of fire after a young man boarded the bus and started shooting. |
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S.B. 2099 – IRS Tax Requirements on Firearms
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Over the past several months, COHA has received dozens of panicked emails and phone calls regarding a federal bill that doesn’t exist – “SB 2099”. Since May, the internet has been abuzz about this measure which allegedly would require all guns be placed on the owner’s IRS Form 1040 and subject to an annual tax of $50 per gun. Further, the bill supposedly would require all gun owners to submit fingerprints. Internet chatter on the measure states that the bill is an amendment to the Internal Revenue Act of 1986 that was introduced on February 24, 2009, and would become “public knowledge 30 days after being voted into law, meaning that the Finance Committee can pass this without the Senate voting on it at all”.
The distracting rumor mill has its roots in somewhat similar federal legislation, S. 2099, that was introduced in Congress in 2000 by U.S. Senate by Senator Jack Reed of Rhode Island. Senator Reed’s bill had nothing to do with the IRS Form 1040, but would have included handguns under the National Firearms Act’s tax and registration scheme. Lacking support, S. 2099 died a quick death in the Senate and was never reintroduced. |
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Obama Appoints Salazar DOI Secretary
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In the Executive Branch of the federal government, the impact of the change in administrations upon hunters and conservationists will be driven largely by who President Obama appoints to critical positions in his cabinet. In mid-December, Obama appointed U.S. Senator Ken Salazar (D-CO) as Secretary of the Interior – the post which oversees all federal resource related agencies, including the U.S. Bureau of Reclamation, U.S. Bureau of Land Management, National Park Service and the U.S. Fish and Wildlife Service.
COHA is pleased to note that Senator Salazar is a hunter and angler, as well as a member of the Congressional Sportsmen's Caucus. His family has farmed and ranched the same Colorado land for five generations. He also previously served as the director of Colorado Department of Natural Resources.
Late last year, COHA worked closely with the Congressional Sportsmen's Foundation and many of our other state and national partners in an attempt to secure the appointment of close ally and friend, Congressman Mike Thompson (D-1st/CA) to this critical post which will exert major influence on U.S. Fish and Wildlife policy and the management of federal lands. While COHA is disappointed that Thompson was passed over for this appointment, we are confident that Senator Salazar will fully take into consideration the views of hunters and conservationists in his new position. We look forward to working closely with him and his staff in the coming months.
Salazar was confirmed by the U.S. Senate as Secretary of the Interior on January 20, 2009. |
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Sunstein Confirmed as Head of the Office of Information and Regulatory Affairs (OIRA)
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In April, President Obama nominated his close friend, Cass Sunstein, to head the Office of Information and Regulatory Affairs (OIRA), a position also known as "Regulatory Czar" to the White House. A Harvard Law Professor, Cass Sunstein sports a track record of some extreme animal rights views – including advocating that the rights of animals be granted protected status in the nation’s courts, and past statements which include “we might ban hunting altogether, at least if it’s sole purpose is human recreation.” The OIRA, as a part of the Office of Management and Budget, has the authority over rules and regulations coming from the executive branch – including those which impact hunting, conservation and firearms administered by the Departments of Interior and Agriculture and the Bureau of Alcohol, Tobacco and Firearms. Considering the power of the office, and with Mr. Sunstein’s past views in mind, it comes as no surprise that his appointment raised the hackles of sportsmen's groups nationwide.
Well aware of his history, several conservative U.S. Senators stepped forward to block Senate confirmation of Sunstein’s appointment. However, following receipt of his written commitment to not use the position to promote an animal rights agenda, Senate opposition waned. Cass Sunstein was confirmed by the U.S. Senate as Administrator of OIRA on September 10th by a 57 – 40 vote. |
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2008 Farm Bill Implementation
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In May 2008, after roughly two years of debate and several extensions, the House and Senate reached an agreement on the main elements of the 2008 Farm Bill (H.R. 2419, the Food, Conservation, and Energy Act of 2008). Although controversy within the measure’s provisions had the bill ticketed for a likely presidential veto, both Houses dashed the threat by passing the measure by a “veto-proof" margin – officially enacting the 2008 Farm Bill into law. Once the debate over the 2008 Farm Bill was complete, COHA turned its attention to implementation of those provisions within the bill which are of greatest importance to California’s wildlife conservationists and hunters. Below are a couple of the measure’s provisions that COHA continues to work nearly a full year after its passage:
Wetlands Reserve Program (WRP)
Although the 2008 Farm Bill did reauthorize many critical conservation programs, the bill also included some changes to the previous law which create concerns for the waterfowl and wildlife community. Of greatest concern to COHA and many of its members is the change in the WRP provision which now requires landowners to have owned the land for seven years before they can enter into the popular conservation program. WRP language in the 2002 Farm Bill only required landowners to have held the property for 12 months for the land to be eligible. To address this serious concern, COHA met with Arlen Lancaster, Chief of the USDA Natural Resources Conservation Service (NRCS) last fall. Mr. Lancaster noted that his California staff must, of course, implement WRP fully consistent with the new law, but that he understood our concerns and would encourage them to use any and all flexibility they could to avoid problems with the new WRP 7-year provision.
In March, COHA provided written comment on the USDA interim final rule for the WRP implementation. COHA‘s comments noted that the increase in the land ownership requirement from 12 months to seven years will have a substantial impact on the acreage of land eligible for the program in California. To address this concern, COHA recommended that State Conservationists be encouraged to take maximum advantage of the waiver provided for this provision and that waivers be appropriately granted whenever it can be determined that the land was not acquired specifically for enrollment in WRP.
Among other things, COHA’s comments also noted our concerns regarding the provision in the 2008 Farm Bill which limits restoration payments to $50,000/year on 10-year restoration cost-share agreements. COHA pointed out that, in California, the average 10-year restoration agreement costs $160,000. As such, a $50,000/year payment cap would result in fewer acres of wetlands restored and an increase in both time and expense for restoration on larger acreages. To address this concern, COHA recommended that the State Conservationist be given the authority to grant a waiver to projects with high biological value in areas where restoration is expensive and exceeds the average national restoration costs, or to those that can demonstrate cost efficiency through the implementation of a large scale project.
"Open Fields"
The 2008 Farm Bill also included long-pursued funding to assist states with implementing “public access to private lands" hunting programs nationwide. Coined “Open Fields", the provision sets aside $50 million in federal funds over the four year life of the bill – funding which will also be available to the California Department of Fish and Game (DFG) to implement the COHA/California Waterfowl Association created “SHARE Program" over the next several years. COHA is currently coordinating with DFG to ensure California receives a maximum allocation of 2008 Farm Bill dollars for SHARE implementation. COHA is also currently sponsoring State Legislation, AB 1423 (T. Berryhill), which includes language intended to facilitate DFG implementation of the SHARE Program with the assistance of “Open Fields" funding. COHA is pleased to note that the SHARE Program was used as the “poster child" for the need for an “Open Fields" funding provision in the bill. |
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