|
|
PROTECT HUNTING
Our hunting tradition and wildlife habitat is under serious threat. Care about the future of our heritage?
|
| |
|
|
|
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. |
| |
|
|
|
| |
|
| |
| "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 |
| |
|
|
| |
|
|
| |
 |
| State | Federal |
| State |
|
|
SB 1058 - Protection of Big Game Tag and Upland Game Bird Stamp Revenues - COHA SPONSORED
|
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.
This pro-hunting/pro-wildlife measure passed through both Houses of the Legislature without suffering a single “no” vote. SB 1058 passed off of the Assembly Floor in mid-August and is now on the Governor's desk. |
 |
SB 1058 As Introduced |
| Top |
AB 1254 - Streamlining of Fish and Game Commission Meeting Schedule - COHA SPONSORED
|
AB 1254, COHA-sponsored legislation introduced by Assembly Member Tom Berryhill (R-Modesto) continues to move swiftly through the Legislature. This measure would, among other things: 1) allow the California Fish and Game Commission to adjust its meeting schedule to address funding shortfalls; 2) authorize the Department of Fish and Game (DFG) to offer special hunting opportunities to qualified hunter education instructors for recruitment and retention purposes; 3) allow the DFG to suspend or seek reimbursement of F&G fine revenue improperly expended by county governments.
AB 1254 passed off the Assembly Floor and is now headed to the Governor's desk for his signature. |
| Top |
AB 979 - Ban on Local Government Interference With Hunting/Fishing Activities - COHA SPONSORED
|
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 passed both houses of the State Legislature, and is now headed to the Governor's desk. |
| Top |
AB 1810 (Feuer) - Long Gun Registration Bill Dies on Senate Floor
|
On the last day of the State Legislative Session, the California State Senate rejected AB 1810 (Feuer/D-Los Angeles)-- legislation that would have expanded the current handgun registration law to long guns by requiring the Attorney General to permanently maintain a registry of all firearms purchasers. Under the provisions of AB 1810 (Feuer), those who purchased or transfered a shotgun or rifle would have been required to register that firearm by submitting their name, address, place of birth, phone number and occupation to the California Department of Justice.
AB 1810 raced through the Assembly earlier this summer and moved equally quick on the Senate side. The measure passed out of Senate Appropriations Committee in early August and went to the Senate Floor, where it came up for its final vote on the evening of August 31st.
COHA believed that AB 1810 was an extreme invasion of personal privacy masked as an important crime fighting tool given that, at this point, it is unclear whether or not California’s existing handgun registration law is helping to fight crime in any meaningful way. Therefore, COHA thought it unnecessary to greatly expand the handgun registration law to include all firearms - particularly given that traditional sporting arms make up less than 10% of all firearms related homicides in California each year.
The following important video from Rob Olson, President of Delta Waterfowl and COHA Board Member, explained the far reaching dangerous impacts of AB 1810. Video Link |
| Top |
AB 2223 - Prohibition of Lead Shot on State Wildlife Areas - OPPOSE
|
AB 2223, legislation by Assembly Member Pedro Nava (D-Santa Barbara) which would prohibit the use of lead shot on all state Wildlife Management Areas (WMAs) operated by the Department of Fish and Game (DFG) died in Senate Natural Resources and Water Committee on June 29th by a narrow 3 to 4 vote.
COHA had strongly opposed this measure because it would ensure that politics, rather than science, dictated the state’s hunting regulations and management of wildlife. The bill not only proposed to 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 to 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 was 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 would have wrongly mandated 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 was sponsored by the Audubon Society, Defenders of Wildlife and the Humane Society of the United States. |
|
COHA AB 2223 Opposition Letter |
| Top |
SB 1179 (Hollingsworth) - Free Hunting Days - SUPPORT
|
After appearing headed for defeat, SB 1179 -- legislation which would authorize the Department of Fish and Game to establish two "free hunting days" each year for individuals to go hunting without a hunting license -- passed out of the Assembly Water, Parks and Wildlife Committee on June 29th with numerous amendments. COHA was pleased to support the measure after the bill's author, Senator Dennis Hollingsworth, agreed to accept amendments intended to ensure a positive experience for the participants and reduce the state's liability exposure.
SB 1179, as amended, requires those who take advantage of the free days to, among other things, be accompanied by a licensed hunter over the age of 21. The measure also precludes participants from putting in for any hunts which require a draw.
COHA strongly believes that, over time, SB 1179 will result in more licensed hunters in the field and more hunting related revenues for wildlife conservation programs within the Department of Fish and Game.
SB 1179 is now headed for the Assembly Committee on Appropriations. |
| Top |
AB 2186 (De Leon) - Loaded Firearms Violations/Loss of Firearms for 10 Year Period - OPPOSE
|
Assembly Member Kevin De Leon (D-Los Angeles) introduced AB 2186 to prohibit a person from owning, purchasing or possessing a firearm for 10 years for violating the state’s “loaded firearms” laws. Current law generally prohibits the possession of a loaded firearm not only in a vehicle on a public road, but also on one’s person in many public places—including restricted areas of unincorporated lands.
COHA opposes this legislation because it imposes an overly harsh penalty on hunters who may unwittingly violate loaded firearms laws, including accidentally leaving ammunition in a firearm after hunting or unknowingly entering public roads or other restricted public areas while hunting.
Loaded firearm violations are one of the most common hunting-related violations. According to 2008 data from the Department of Fish and Game, there were 274 loaded firearm violations statewide, representing the 3rd most common type of hunting violation.
AB 2186 was heard in the Assembly Public Safety Committee on April 13th, and passed on a party-line vote. However, due to concerns by COHA and other sporting groups, the author did later amend the bill to remove the loaded firearms penalties and instead focus AB 2186 only on increased penalties for misdemeanor concealed carry violations.
AB 2186 is currently on the Inactive File on the Assembly Floor, and is dead for this year. |
|
COHA AB 2186 Opposition Letter |
| Top |
AB 2465 (Yamada) - Mosquito Abatement Mandates for Public Lands - OPPOSE
|
AB 2465 (Yamada) would require state agencies that acquire lands after January 1, 2011 to adopt and implement specified mosquito control best management practices (BMPs).
COHA opposes this measure because it would likely have a detrimental impact on wetlands and certain wildlife species, such as migratory waterfowl, which depend on that habitat. Several of the BMPs required under AB 2465, such as removing all surface water within 96 hours and controlling plant growth, for instance, are largely incompatible with the conservation of wetlands.
In addition, many of the land holding state agencies that would be affected by the bill have no expertise in wetland management or applying mosquito control BMPs in an ecologically sensitive manner. Under AB 2465's provisions, there would be no required consultation with the Department of Fish and Game (DFG).
The bill would also impose an unfunded mandate on cash-poor state agencies such as DFG because it fails to provide any funding to implement its requirements. This would put more pressure on DFG to use hunter-generated monies for mosquito abatement purposes.
AB 2465 was held in the Assembly Appropriations Committee and is dead for this year. |
| Top |
ACA 11 (Berryhill) - Right to Hunt - SUPPORT
|
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.
In particular, ACA 11 would only allow the State Legislature or Fish and Game Commission to regulate the taking of fish and game, thus prohibiting the use of the statewide ballot initiative to outlaw or otherwise impact hunting. ACA 11 also states that hunting and fishing shall be to preferred methods for managing fish and wildlife.
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).
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 failed on a partisan vote to pass its first hearing in the Assembly Water, Parks and Wildlife Committee. A similar measure, AB 2427 (Berryhill), also failed in the same Committee on April 27th. |
| Top |
SB 1277 (Florez) - Animal Abuse Registry/Dog Food Tax - OPPOSE
|
SB 1277 (Florez), as introduced, would place an unspecified tax on pet food to fund local spay and neuter programs and require the Department of Justice to maintain an “animal abuse” registry via an Internet Website.
COHA opposes this measure because it would wrongly force law-abiding dog owners to pay for the irresponsible or illegal acts of other pet owners. We also question the need to create a registry for those convicted of animal abuse, as penalties for this type of crime are already significant, particularly for felony violations. It is also unclear whether recidivism rates for most types of animal abuse are significantly higher than for other crimes.
Due to opposition from COHA and many other groups, SB 1277 was recently amended to remove its tax provision. The bill ultimately was held in the Senate Appropriations Committee and is dead for this year. |
| Top |
SB 1303 (Wolk) - Landowner Exemption for Accidental Take of T&E Species - SUPPORT
|
SB 1303 (Wolk) would extend the sunset date for an exemption for the accidental take of candidate, threatened or endangered species from acts that occur due to routine and ongoing agricultural activities.
This measure would extend, until January 1, 2014, a longstanding provision of law (Section 2087 of the Fish and Game Code) which allows landowners to accidentally take listed species in the course of normal agricultural activities. The provision provides an incentive for landowners to incorporate wildlife-friendly practices into their agricultural activities without fear of legal liability should a listed species be unknowingly taken during the course of those activities.
For example, many rice farmers voluntarily flood their post-harvest fields in part due to the protections afforded by Section 2087, which not only significantly benefits waterfowl and many other wetland-dependent species but provides important recreational opportunities, such as hunting.
The current sunset date for Section 2087 is January 1, 2011, so that action must be taken by the Legislature this year in order for the provision to remain in effect.
SB 1303 passed both houses of the Legislature and is currently headed to the Governor's desk for his consideration. |
| Top |
COHA Endorses Ballot Initiative To Fund DFG Wildlife Areas
|
The California Outdoor Heritage Alliance (COHA) has formally endorsed the "State Parks and Wildlife Conservation Trust Fund Act of 2010", a voter initiative that will appear on the November 2010 statewide ballot to create long-term funding for parks and conservation purposes.
While much of the funding that would be provided through the initiative is targeted for State Park operation and maintenance activities, the measure would also provide approximately $35 million annually to fund management activities on Department of Fish and Game (DFG) Wildlife Areas and Ecological Reserves. Funding would be generated through the imposition of an $18 vehicle license fee.
Currently, federal taxes on hunting and fishing equipment as well as user fees imposed on visiting sportsmen fund much of the management activities for Wildlife Areas, which provide important public hunting opportunities and key habitats for numerous game species. To a lesser extent, state tobacco taxes also provide funding for Wildlife Areas, but this source of revenue is declining.
COHA believes a significant, stable source of funding is needed for DFG lands due to escalting management costs that are overtaking limited budgets. These costs include water delivery, mosquito abatement, fuel for earth moving equipment and noxious weed control.
Recognizing that Wildlife Areas additionally benefit nongame species and other recreational users, COHA also believes that the general public--rather than just hunters and fishermen--must provide a significant source of funding for those lands. The $35 million provided annually by the initiative would not only help to improve habitat conditions on public hunting lands, but reduce the need for DFG to redirect hunting and fishing-related monies for non-game purposes.
In addition to COHA, the "State Parks and Wildlife Conservation Trust Fund Act of 2010" is also supported by the CA Fish and Game Commission and the CA Game Wardens Association. For the initiative to pass, it must be approved by a majority vote. |
| Top |
SB 250 (Florez) - Spay/Neuter Mandates for Dogs - Dies on Assembly Floor
|
Late in the evening of the last day of the State Legislative Session – the California State Assembly voted down SB 250 (Florez), a burdensome spay/neuter measure that would have significantly increased fees and penalties on both sporting dog owners and breeders. The bill, which would have also encouraged local governments to impose even more rigid restrictions/bans on dog breeding, was revived in mid August after initially failing to pass in 2009. Specifically, SB 250 (Florez) would have: (1) prohibited anyone from owning an unaltered or unspayed dog without first purchasing a costly unaltered dog license; (2) required the owner of an unaltered dog for sale to meet certain requirements; and (3) required the spaying/neutering of a dog if it is impounded or if its owner is cited for various other violations.
While SB 250 would have exempted owners of hunting dogs with a valid hunting license from the bill’s requirements, COHA still urged State Legislators to oppose it due to a provision which allowed local governments to adopt more stringent spay/neuter regulations that what was authorized in SB 250. Because of this provision in the bill, local governments could have still required a hunting dog to be spayed/neutered or its owner to purchase an unaltered license.
COHA was pleased to work with our member organizations – California Waterfowl, California Houndsmen for Conservation, National Open Field Coursing Association, and the U.S. Sportsmen’s Alliance – and our partners, including Save Our Dogs, National Rifle Association, and the CA Rifle and Pistol Association, to finally defeat this ill-advised measure. |
| Top |
2010/2011 State Budget -- $5M Cut to Hunting and Fishing Programs
|
On May 14th, Governor Arnold Schwarzenegger released his “May Revise” of the proposed FY 2010/2011 state budget, which seeks to close a massive $21 billion dollar deficit. To help bridge the budget shortfall, Governor Schwarzenegger is proposing to reduce the Department of Fish and Game’s budget by an additional $5 million, bringing the total proposed reduction to $10 million. Unfortunately, the “May Revise” does not alter the Governor’s original raid of $5 million from hunting and fishing programs.
On February 3rd, 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, 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. Unfortunately, at this point, the Department of Fish and Game is recommending draconian cuts to hunting programs that could result in significant loss of public hunting opportunity. COHA will continue to work with the Department of Fish and Game to find other ways to reduce the budget shortfall.
On a related note, the Assembly Water, Parks and Wildlife Committee invited COHA to speak at a special informational hearing on February 8th regarding the future of the Department of Fish and Game (DFG). COHA’s testimony focused 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.
The Governor is also once again seeking 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. COHA is working with a broad coalition of other groups to restore state funding for the Act, and is also supporting legislation (AB 2530 (Nielsen) which would create a temporary program that counties can use when the state's Williamson Act subventions are less than a specified level.
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.
COHA staff will be actively engaged throughout the Legislature's review of the budget package to minimize cuts to these important programs.
Top |
COHA, Conservation Partners Urge Reinstatement of Williamson Act Subvention Monies
|
COHA and a broad coalition of agricultural, conservation and local government interests are asking the Legislature and the Governor to restore some $38 million in funding for Williamson Act subvention payments to local governments.
The Williamson Act provides lower property tax rates to farmers and other landowners who agree to keep their property in agricultural use for at least 10 years. Almost one-third of all private land in CA is enrolled under the Act. Many such properties not only provide valuable wildlife habitat and open space, but considerable hunting opportunity for waterfow, pheasant, deer, wild turkey and other game species.
Without the restoration of the subventions program, most Counties would simply not participate in the Williamson Act, making many agricultural lands highly suceptible to urban development or other incompatible uses in the next few years.
For a copy of the coalition's letter, please click below. |
|
Williamson Act Coaliton Letter |
| Top |
Water Bond Measure to Include Significant Waterfowl Habitat Funding
|
After more than 3 years of lobbying efforts, the California Outdoor Heritage Alliance (COHA) succeeded in including $110 million for waterfowl and wetland habitat conservation efforts in a statewide bond measure that will be considered by the California electorate. 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”, 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.
Of additional benefit for waterfowl interests, the bond contains substantial ecosystem restoration funding for the Sacramento-San Joaquin Delta and Salton Sea/New River—key wintering areas for waterfowl and other migratory birds. The bond further provides funding for the construction of Sites Reservoir in Colusa County, thereby providing additional, higher quality (warmer) water supplies for west side Sacramento Valley rice farmers—similar to the benefits already provided to east side rice farmers via the Oroville Afterbay. Moreover, it is estimated that Sites Reservoir could provide up to 80,000 acre feet of new water to meet Level 4 CVPIA water deliveries.
Regardless of the significant benefits for managed wetlands and waterfowl, some environmental critics of the water bond measure have argued that it facilitates funding of a “peripheral canal” around the Sacramento-San Joaquin Delta in order to send more water from Northern California southward to farms and cities (and thus threaten Northern California water rights, as well as the health of the Delta’s fragile ecosystem). However, it should be noted that Section 79712 of the bond initiative explicitly prohibits such action:
“Funds provided by this division shall not be expended to pay the costs of the design, construction, operation, or maintenance of Delta conveyance facilities.”
In addition, Section 79713 of the bond provides other protection for northern California water interests:
“This division does not diminish, impair, or otherwise affect in any manner whatsoever any area of origin, watershed of origin, county of origin, or any other water rights protections, including, but not limited to, rights to water appropriated prior to December 19, 1914, provided under the law.”
The bond has been endorsed by over 125 different organizations, including the CA Farm Bureau, The Nature Conservancy and the Northern California Water Association.
****Water Bond Update****: Despite a very close vote in the Assembly, both Houses of the State Legislature recently passed legislation (AB 1265) to effectively delay the water bond vote, including the proposed $110 million for wetland/waterfowl purposes, to the November 2012 statewide ballot. The legislation also prohibits a joint powers authority that receives public funding under the Water Bond for a surface water storage project from including for-profit entities among its members. The bill was signed by the Governor. |
|
Waterfowl/Wetland Bond Funding Provisions |
| Top |
California State Legislature Outdoor Sporting Caucus
|
In an effort to build the political strength of the outdoor community in the halls of our State Capitol, the California Outdoor Heritage Alliance (COHA) continues to play the lead private sector role in organizing and promoting the California Legislature Outdoor Sporting Caucus – a collection of Legislators who have an interest and passion for preserving and enhancing our outdoor traditions.
With the help of Caucus Co-Chairs Senator Dennis Hollingsworth (R-Murrieta) and Cathleen Galgiani (D-Tracy), and with the critical support of COHA’s member organizations and industry, COHA has been able to build the Caucus in less than a decade to the largest Caucus at California’s State Capitol. To further build membership and interest, COHA organizes, administers and obtains funding for several informative and fun Caucus events each year. Working closely with our membership, COHA annually coordinates a formal Caucus dinner event, a Trap Shoot, habitat tours and other events to build Caucus membership and educate Caucus members and their staff on wildlife and hunting related issues of importance.
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 share legislative experience and policy ideas and to educate Caucuses in other states about California’s hunting and fishing issues.
For more information on California Legislature Outdoor Sporting Caucus Events, visit our “Events” page. |
| Top |
New “Animal Protection Caucus
|
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. |
| Top |
| |
| Federal |
|
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: |
| Top |
H.R. 3749/S. 1770 – Recreational Fishing and Hunting Heritage and Opportunities Act
|
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. |
| Top |
H.R. 1916 - “Migratory Bird Habitat Investment and Enhancement Act
|
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. |
| Top |
H.R. 1831/S. 812 – Land Conservation Tax Incentives
|
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. |
| Top |
H.R. 3750/S. 1759 – Water Transfer Facilitation Act of 2009
|
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. |
| Top |
H.R. 45 – Blair Holt's Firearm Licensing and Record of Sale Act of 2009
|
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. |
| Top |
S.B. 2099 – IRS Tax Requirements on Firearms
|
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. |
| Top |
America’s Great Outdoors Initiative
|
Earlier this year, President Obama launched his America’s Great Outdoors Initiative to promote and support community-level efforts to conserve outdoor spaces and reconnect Americans to the outdoors. To seek public input on this effort, the Administration has held several “listening sessions” around the country, including in California. During the last two weeks, COHA staff has attended two of these sessions – one in Northern California and one in Southern California. Of extreme priority to COHA is the need to secure maximum long-term public access to public lands for hunting, fishing, off-road and other traditional recreational uses, and the need to promote habitats for fish and game species. These sessions provided an excellent opportunity for COHA and our partners to provide the federal government with input on the need to promote these important objectives.
Among those present at the listening sessions have included Nancy Sutley – Chair of the White House Center on Environmental Quality; Will Shafroth – Principal Deputy Assistant Secretary of the Department of Interior; and Ed Burton – State Conservationist, Natural Resources Conservation Service, USDA.
COHA will also provide the Obama Administration with detailed comments which emphasize the importance of hunting to wildlife conservation and the role hunters play in introducing individuals to the great outdoors. |
| Top |
Sunstein Confirmed as Head of the Office of Information and Regulatory Affairs (OIRA)
|
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. |
| Top |
2008 Farm Bill Implementation
|
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. |
| Top |
| |
| |
|
