4900-4904

FISH AND GAME CODE
SECTION 4900-4904




4900.  The Legislature declares that bighorn sheep are an important
wildlife resource of the state to be managed and maintained at sound
biological levels. Therefore, it is hereby declared to be the policy
of the state to encourage the preservation, restoration, utilization,
and management of California's bighorn sheep population. The
management shall be in accordance with the policy set forth in
Section 1801.



4901.  The department shall determine the status and the trend of
bighorn sheep populations by management units. A plan shall be
developed for each of the management units. The plan for each
management unit shall include all of the following:
   (a) Data on the numbers, age, sex ratios, and distribution of
bighorn sheep within the management unit.
   (b) A survey of range conditions and a report on the competition
that may exist as a result of human, livestock, wild burro, or any
other mammal encroachment.
   (c) An assessment of the need to relocate or reestablish bighorn
populations.
   (d) A statement on the prevalence of disease or parasites within
the population.
   (e) Recommendations for achieving the policy objective of Section
4900.



4902.  (a) The commission may adopt all regulations necessary to
provide for biologically sound management of Nelson bighorn sheep
(subspecies Ovis canadensis nelsoni).
   (b) (1) After the plans developed by the department pursuant to
Section 4901 for the management units have been submitted, the
commission may authorize sport hunting of mature Nelson bighorn rams.
Before authorizing the sport hunting, the commission shall take into
account the Nelson bighorn sheep population statewide, including the
population in the management units designated for hunting.
   (2) Notwithstanding Section 219, the commission shall not,
however, adopt regulations authorizing the sport hunting in a single
year of more than 15 percent of the mature Nelson bighorn rams in a
single management unit, based on the department's annual estimate of
the population in each management unit.
   (c) The fee for a tag to take a Nelson bighorn ram may be
determined by the commission, but shall not exceed five hundred
dollars ($500). Fee revenues shall be deposited in the Big Game
Management Account established in Section 3953 and, upon
appropriation by the Legislature, shall be expended as set forth in
that section.
   (d) The commission shall annually direct the department to
authorize not more than three of the tags available for issuance that
year to take Nelson bighorn rams for the purpose of raising funds
for programs and projects to benefit Nelson bighorn sheep. These tags
may be sold to residents or nonresidents of the State of California
at auction or by another method and shall not be subject to the fee
limitation prescribed in subdivision (c). Commencing with tags sold
for the 1993 hunting season, if more than one tag is authorized, the
department shall designate a nonprofit organization organized
pursuant to the laws of this state, or the California chapter of a
nonprofit organization organized pursuant to the laws of another
state, as the seller of not less than one of these tags. The number
of tags authorized for the purpose of raising funds pursuant to this
subdivision, if more than one, shall not exceed 15 percent of the
total number of tags authorized pursuant to subdivision (b). All
revenue from the sale of tags pursuant to this subdivision shall be
deposited in the Big Game Management Account established in Section
3953 and, upon appropriation by the Legislature, shall be expended as
set forth in that section.
   (e) No tag issued pursuant to this section shall be valid unless
and until the licensee has successfully completed a prehunt hunter
familiarization and orientation and has demonstrated to the
department that he or she is familiar with the requisite equipment
for participating in the hunting of Nelson bighorn rams, as
determined by the commission. The orientation shall be conducted by
the department at convenient locations and times preceding each
season, as determined by the commission.



4903.  Revenue from the fees authorized by this chapter shall be
deposited in the Big Game Management Account established in Section
3953 and, upon appropriation by the Legislature, shall be expended as
set forth in that section. Administrative overhead shall be limited
to the reasonable costs associated with the direct administration of
the program. These funds shall be used to augment, and not to
replace, moneys appropriated from existing funds available to the
department for the preservation, restoration, utilization, and
management of bighorn sheep. The department shall maintain internal
accountability necessary to ensure that all restrictions on the
expenditure of these funds are met.



4904.  (a) The department shall biennially report the following to
the Legislature:
   (1) The management units for which plans have been developed
pursuant to Section 4901.
   (2) A summary of the data from the annual count conducted by the
department for the purposes of subdivision (b) of Section 4902.
   (3) The number of tags issued in the preceding season, and the
number of mature Nelson bighorn rams taken under valid tags in the
preceding season.
   (4) Any instance known to the department of the unlawful or
unlicensed taking of a Nelson bighorn sheep in this state and the
disposition of any prosecution therefor.
   (5) The number of Nelson bighorn sheep relocated during the
previous year, the area where reintroduced, a statement on the
success of the reintroduction, and a brief description of any
reintroduction planned for the following year.
   (b) The report shall consist of a compilation of the results of
the ongoing study conducted pursuant to this section each year since
the enactment of this chapter and an assessment of the environmental
impact of the hunting of Nelson bighorn sheep on the herds.