Fishing and hunting: youth program., the official text

An act to add and repeal Section 318 of the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL'S DIGEST

The California Constitution establishes the Fish and Game Commission and provides for the delegation to the commission of powers relating to the protection and propagation of fish and game. Existing law places the Fish and Game Commission in the Natural Resources Agency.
This bill would require the commission to, on or before January 1, 2028, adopt regulations, as provided, to increase opportunities to fish, and to hunt big game, wild pigs, upland game birds, and migratory game birds, for resident youth with life-threatening illnesses. The bill would require the commission, in adopting those regulations, to ensure reasonable accommodations for participants in accordance with federal and state disability are incorporated into the regulations and to consider authorizing special hunts, as prescribed. The bill would authorize the commission to include in the regulations additional reasonable accommodations consistent with safe, ethical, and science-based wildlife management practices. The bill would require the Department of Fish and Wildlife to, on or before January 1, 2032, prepare and submit a report to the relevant legislative policy and budget committees in both houses of the Legislature and to the commission, as provided. The bill would make the implementation of its provisions contingent upon an appropriation by the Legislature. The bill would repeal these provisions on January 1, 2033.

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

SECTION 1.
The Legislature finds and declares all of the following:
(a) Time in nature and access to outdoor recreation can provide meaningful experiences for youth with life-threatening illnesses.
(b) Hunting and fishing provide a valuable opportunity for youth with life-threatening illnesses to spend time with family, learn and develop skills, and fulfill lifelong dreams.
(c) Youth with life-threatening illnesses may require accommodations and adaptive equipment to equitably access outdoor recreation opportunities, including hunting and fishing.
(d) Existing programs for hunters with disabilities may not provide all necessary accommodations to allow youth with life-threatening illnesses to successfully complete hunting or fishing opportunities.
(e) It is the policy of the state, pursuant to Section 703.3 of the Fish and Game Code, that the Department of Fish and Wildlife and the Fish and Game Commission use ecosystem-based management informed by credible science in all resources management decisions to the extent feasible.
(f) It is the policy of the state, pursuant to Section 1002 of the Public Resources Code, to ensure all Californians have equitable opportunities to safe and affordable access to nature and access to the benefits of nature, with a special emphasis on creating and promoting opportunities for people and communities that face disproportionate barriers.

SEC. 2.
Section 318 is added to the Fish and Game Code, immediately following Section 317, to read:
318.
(a) On or before January 1, 2028, the commission shall adopt regulations, except as provided in subdivision (b), to increase opportunities to fish, and to hunt big game, wild pigs, upland game birds, and migratory game birds, for resident youth with life-threatening illnesses.
(b) Regulations adopted pursuant to subdivision (a) shall not include any of the following:
(1) An exemption from any hunter education requirements established pursuant to Article 2.5 (commencing with Section 3049) of Chapter 1 of Part 1 of Division 4.
(2) An exemption from any requirement to possess a valid hunting or sport fishing license.
(3) An exemption from any other requirements to be otherwise eligible to hunt or fish.
(4) Any additional availability of tags, stamps, permits, or reservations beyond the allocations made available for all hunters or recreational fishers when those tags, stamps, permits, or reservations are available by lottery or auction only, such as by increasing the number of tags or allocating a subset of tags for this purpose.
(c) In adopting regulations pursuant to subdivision (a), the commission shall do both of the following:
(1) Ensure reasonable accommodations for participants in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), and any applicable state disability laws are incorporated into the regulations. These accommodations shall include, but not be limited to, authorization for a qualified assistant to accompany the youth for the purposes of tracking, retrieving, and dispatching game or fish. The commission may include in the regulations additional reasonable accommodations consistent with safe, ethical, and science-based wildlife management practices, including modified equipment or access provisions where appropriate.
(2) Consider authorizing special hunts within the general season for the species as an accommodation for youth with life-threatening illnesses.
(d) Nothing in this section precludes the commission from granting reasonable accommodations for persons with disabilities in accordance with federal and state law.
(e) (1) On or before January 1, 2032, the department shall prepare and submit a report to the relevant legislative policy and budget committees in both houses of the Legislature and to the commission. The report shall include, but is not limited to, the following:
(A) The number and types of opportunities provided to youth with life-threatening illnesses pursuant to the regulations adopted pursuant to subdivision (a) and the number of youth who participated in those opportunities.
(B) Recommendations, if any, for further regulatory or statutory changes to improve access for youth with life-threatening illnesses. The department shall solicit recommendations from stakeholders and the public, including interested nonprofit organizations that have goals and objectives directly related to the management and conservation of fish, big game, wild pigs, upland game birds, and migratory game bird species and primarily represent the interests of persons licensed pursuant to Sections 3031 and 7145, and any other interested parties.
(C) All department and commission costs in developing and implementing the regulations, and revenues, if any, associated with hunting and fishing opportunities for youth with life-threatening illnesses.
(2) For purposes of the report described in paragraph (1), data collection efforts shall avoid duplication and data collected for other purposes shall be used to the extent feasible.
(3) A report submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(f) For purposes of this section, the following definitions apply:
(1) “Big game” has the same meaning as defined in Section 350 of Title 14 of the California Code of Regulations.
(2) “Life-threatening illness” means an illness that can lead to a possibility of a termination of life within five years or less as stated in writing by the patient’s attending physician or surgeon.
(3) “Youth” means an individual younger than 18 years of age.
(g) The implementation of this section is contingent upon an appropriation for its purposes by the Legislature in the annual Budget Act or another act.
(h) This section shall remain in effect only until January 1, 2033, and as of that date is repealed.