2007 California Fish and Game Code Article 3. Shared Habitat Alliance For Recreational Enhancement Program

CA Codes (fgc: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 effect
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.



1572.  (a) 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 plan and
develop a program to facilitate public access to private lands for
wildlife-dependent recreational activities.
   (b) (1) Once the terms of the program have been established and
approved by the partnership, the commission shall verify that
sufficient demonstration of private landowner and program participant
interest has been shown to support the program.
   (2) The department may impose user fees or apply for grants,
federal funds, or other contributions from nonstate sources to fund
the program.
   (3) The Department of Finance shall verify that sufficient funds
exist in the SHARE Account to start the program. Upon that
verification, in order to facilitate the implementation of the
program, the commission shall adopt regulations and fees, in addition
to those established in Section 3031, for the management and control
of wildlife-dependent recreational activities on land that is
subject to this article.
   (c) The SHARE Account is hereby established in the Fish and Game
Preservation Fund. Money deposited in the account from the sources
cited in subdivision (d) shall only be used for the purposes set
forth in this article and to repay the General Fund or the Fish and
Game Preservation Fund, as appropriate, for any expenses incurred by
the department, commission, or the Department of Finance in
establishing the program.
   (d) No General Fund moneys shall be used for the program. Funds
may also be used for wildlife conservation purposes on lands subject
to an agreement under the program. No moneys shall be available for
the program unless the Legislature appropriates moneys to the
department therefor.
   (e) The department shall maintain data on the types of
wildlife-dependent recreational activities preferred by users.




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 () per acre, 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 land,
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 activities.
   (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 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, 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) Every agreement executed pursuant to the program shall
prohibit 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.  The department shall also include in the
program private lands on which hunting is not allowed, in order to
take into consideration the participation of the nonhunting 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 law or regulation 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 on property that is subject to an
agreement executed under the program.