1570-1574
FISH AND GAME CODE
SECTION 1570-1574
1570. In establishing the Shared Habitat Alliance for Recreational
Enhancement ("SHARE") program, it is the intent of the Legislature to
encourage private landowners to voluntarily make their land
available to the public for wildlife-dependent recreational
activities. The Legislature further encourages private landowners to
use any funds received from the SHARE program for wildlife
conservation purposes on their property. The SHARE program shall be a
collaborative effort by all participants to facilitate
wildlife-dependent recreational activities on private land at minimal
expense to the state. The Legislature declares that interested
nongovernmental organizations are the key to developing, planning,
and implementing the SHARE program.
1571. For purposes of this article, the following definitions
apply:
(a) "Agreement" includes, but is not limited to, a contract,
license, easement, memorandum of understanding, or lease.
(b) "Partnership" means a collaborative effort involving financial
or in-kind contributions by nongovernmental organizations, the
department, and other interested parties working in concert to
achieve the goals of the program.
(c) "Private landowner" means an owner of any possessory interest
in real property that is suitable for use for wildlife-dependent
recreational activities.
(d) "Program" means the SHARE program established under this
article.
(e) "Wildlife-dependent recreational activities" means hunting,
fishing, wildlife observation, conservation education, and related
outdoor activities through means that are consistent with applicable
law.
1572. (a) There is hereby established the Shared Habitat Alliance
for Recreational Enhancement (SHARE) program. The department, in
partnership with nonprofit conservation groups and other interested
nongovernmental organizations that seek to increase and enhance
wildlife-dependent recreational opportunities, shall work
cooperatively to implement the program in order to facilitate public
access to private lands in a voluntary and incentive-based manner.
(b) The department shall adopt regulations for the management and
control of wildlife-dependent recreational activities on land that is
subject to the program. The department shall report to the
commission annually on the status of the program and maintain data on
the types of wildlife-dependent recreational activities preferred by
landowners and participants in the program.
(c) (1) The SHARE Account is hereby established in the Fish and
Game Preservation Fund. Money deposited in the account from the
sources cited in this subdivision shall only be used for the purposes
set forth in this article.
(2) Consistent with existing law, the department may establish and
impose user fees, use existing hunting and fishing license stamp or
tag fees from the Fish and Game Preservation Fund, or apply for
grants, federal funds, or other contributions from other sources to
fund the program. General Fund moneys shall not be used for the
program.
(3) All funding generated pursuant to paragraph (2) from grants,
federal funds, or other sources, where the person or entity providing
the funds specifically designates in writing prior to the time of
transmittal of the funds to the department that the funds are
intended solely for the purposes of the program, and any user fees
assessed by the department specifically for the program, shall be
deposited in the SHARE Account in the Fish and Game Preservation
Fund. The moneys in the account, upon appropriation by the
Legislature, shall be available for expenditure by the department
solely for programs and projects to benefit the program and for the
direct costs and administrative overhead incurred solely in carrying
out the department's program activities. Funds may also be used for
wildlife conservation purposes on lands subject to an agreement under
the program. Administrative overhead shall be limited to the
reasonable costs associated with the direct administration of the
program. The department shall maintain internal accountability
necessary to ensure that all restrictions on the expenditure of these
funds are met.
(d) The department may make grants to, or enter into agreements
with, nonprofit organizations, governmental entities, or any other
entities for the use of the funds described in subdivision (c) when
the department finds that the agreements are necessary for carrying
out the purposes of this article.
(e) The program is not subject to Part 2 (commencing with Section
10100) of Division 2 of the Public Contract Code, or Article 6
(commencing with Section 999) of Chapter 6 of Division 4 of the
Military and Veterans Code.
(f) The department may reimburse a nonprofit organization, a
private landowner, or other entity for its costs related to the
implementation of the program.
1573. (a) (1) The department may enter into a voluntary agreement
with a private landowner, including an agreement under which the
private landowner is compensated by the department for public use of
the land, to provide public access for wildlife-dependent
recreational activities. Any financial compensation offered to a
private landowner pursuant to this paragraph shall not exceed thirty
dollars ($30) per acre, or fifty dollars ($50) per public participant
per day, and shall be commensurate with the quality of the
wildlife-dependent recreational opportunities that are to be provided
on the property.
(2) The department also may enter into a voluntary agreement with
a private landowner to facilitate access to adjacent public lands or
waters, upon approval of the governmental entity that holds title to
the land. This article does not authorize a private landowner to
exclude persons not participating in the SHARE program from using
public land for wildlife-dependent recreational activities.
(3) The department may enter into a voluntary agreement with a
governmental entity to provide wildlife-dependent recreational
opportunities to the public on public lands or waters.
(b) Notwithstanding any other provision of law, the department
shall keep confidential and not release to the public any personal
identifying information received from a private landowner
participating in the program, unless the director determines that
release of that information is necessary for the administration of
the program.
(c) Either the department or a private landowner may, in writing,
modify or cancel an agreement executed under the program, at any
time. Upon cancellation or modification of the agreement by either
party, the other party shall be reimbursed for any lost revenues or
expenses incurred pursuant to the terms of the original agreement.
(d) In addition to any other protection or remedy under law, the
protections and remedies afforded to an owner of an estate or any
other interest in real property under Section 846 of the Civil Code
shall apply to a private landowner, nonprofit organization, or other
entity participating in the program.
(e) The department shall require every person who wants to use
land that is subject to an agreement pursuant to subdivision (a),
prior to using that land, to sign a waiver that releases the
department or any private group, nonprofit organization, governmental
entity, or other organization involved in administering the program,
and the private landowner, from liability for any injury or damage
that arises from, or is connected with that person's use of the land.
Upon request, the department shall provide a copy of the waiver to
any of the parties to the waiver.
(f) An agreement executed pursuant to the program shall not
authorize the take of nongame species by public participants in the
program. An agreement may not authorize a private landowner to
transfer a hunting or fishing license, stamp, or tag to another
person, unless otherwise authorized by law.
(g) In determining which lands may be included in the program, the
department shall give priority to those lands with the greatest
wildlife habitat value. To the extent possible, the department shall
also include in the program private lands that permit multiple
wildlife-dependent recreational activities, in order to take into
consideration the participation of the general public in the program.
1574. (a) The department may revoke, for up to three years, the
public access privilege granted pursuant to this article, of any
person who violates any provision of this code or regulation adopted
pursuant to this code while on any property that is subject to an
agreement under the program.
(b) The department shall enforce all applicable regulations
established by the commission or the department on property that is
subject to an agreement executed under the program.