Shared Habitat Alliances

Fish and Game Code Division 2, Chapter 5, Article 3 deals with shared habitat alliances for recreational enhancement programs under the management of the California Department of Fish and Wildlife.

Section 1570 provides that, 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.

Section 1571 defines the following terms: “agreement,” “partnership,” “private landowner,” “program,” and “wildlife-dependent recreational activities.”

Section 1572 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, works cooperatively to implement the program in order to facilitate public access to private lands in a voluntary and incentive-based manner.

Section 1573 authorizes the department to 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 cannot exceed $30 per acre, or $50 per public participant per day, and be commensurate with the quality of the wildlife-dependent recreational opportunities that are to be provided on the property.

The department is required to 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.

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 is to be reimbursed for any lost revenues or expenses incurred pursuant to the terms of the original agreement.

Section 1574 authorizes the department to 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.