BILL NUMBER: AB 815	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Berryhill

                        FEBRUARY 22, 2007

   An act to add Section 221 to the Fish and Game Code, relating to
fish and game.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 815, as introduced, Berryhill. Hunting or fishing: local
regulation.
   The California Constitution provides for the delegation to the
Fish and Game Commission of powers relating to the protection and
propagation of fish and game. Existing statutory law delegates to the
commission the power to regulate the taking or possession of birds,
mammals, fish, amphibia, and reptiles in accordance with prescribed
laws. Under existing law, the Department of Fish and Game exercises
various functions with regard to the taking of fish and game. Under
existing law, a city or county exercises certain limited authority
with regard to the regulation of fish and game for the protection of
public health and safety.
   This bill would prohibit a city or county from adopting an
ordinance or regulation within its jurisdiction that affects the
taking of fish and game unless the ordinance meets prescribed
requirements. The bill would also provide that unless otherwise
expressly authorized by the Fish and Game Code or federal law, the
commission is the only entity that may adopt regulations regarding
the taking of fish and game on any lands or waters within the state.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 221 is added to the Fish and Game Code, to
read:
   221.  (a) The Legislature finds and declares all of the following:

   (1) The California Supreme Court in In re Makings (1927) 200 Cal.
474, determined that Section 251/2 of Article IV of the California
Constitution, as currently set forth in Section 20 of Article IV,
prohibits local governmental entities from regulating, or interfering
with, fish and game matters and places this responsibility with the
Legislature.
   (2) The Fish and Game Commission was established in 1870 to assist
in the management of California's fish and wildlife resources. The
California Constitution permits the Legislature to delegate to the
commission certain powers relating to the management of fish and
game, and the Legislature has delegated to the commission regulatory
powers over the taking and possession of fish and game, as set forth
in the Fish and Game Code.
   (3) Hunting and fishing are statistically among the safest outdoor
recreational activities, particularly as they relate to impacts on
the general public, and are already well regulated by the state
through mandatory safety requirements, weapons laws, and regulations
adopted by the commission. Hunting and fishing are also compatible
with other recreational uses on many public lands and waters
throughout the state.
   (b) In enacting this section, it is the intent of the Legislature
to affirm, subject to applicable federal law, the exclusive legal
authority granted to the commission and the department with regard to
the taking and possession of fish and game and thereby ensure
continued statewide control by the commission and the department over
all fish and game matters. It is further the intent of the
Legislature to protect public safety in those limited instances where
state laws and regulations have not already provided a reasonable
level of public safety.
   (c) The state has fully occupied the field of fish and game.
   (d) A city or a county shall not adopt an ordinance or regulation
within its jurisdiction that affects the taking of fish and game,
unless both of the following apply:
   (1) The ordinance or regulation is enacted under the police powers
granted under Section 7 of Article XI of the California
Constitution, and therefore does not conflict with general laws,
including Sections 200, 203, and 205, and the ordinance or regulation
is necessary to protect public health and safety, and has the
protection of public health and safety as its principal purpose.
   (2) The ordinance or regulation has only an incidental effect upon
the field of fish and game reserved to the commission or the
department by the California Constitution, including Section 20 of
Article IV of that Constitution, or state law.
   (e) When complying with subdivision (d), a city or county shall
take into consideration existing state and federal laws and
regulations governing the taking of fish and game, the number of fish
and game related safety incidents within the geographic area in
question, the degree of public access to that area and, if
applicable, the effective range of weapons used to take fish or game.

   (f) No ordinance or regulation adopted by a city or county that
would affect the taking of fish and game within its jurisdiction
shall extend to any areas where the taking of fish and game may take
place without endangering human life.
   (g) A city or county ordinance or regulation shall not affect the
taking of fish and game in any of the following areas:
   (1) Any lands or waters owned or managed by the state or federal
government.
   (2) Any unincorporated private lands.
   (3) Any unincorporated lands or waters where the commission or
department determines that the taking of fish and game is necessary
for wildlife management or other purposes.
   (4) Any incorporated private lands outside the "safety zone" area
described in Section 3004 in which limited-range weapons such as
shotguns, archery equipment, or air rifles may be used to take game.
   (h) The commission, the department, or any other governmental
entity legally authorized to impact the taking of fish and game on
navigable waters held in public trust shall consider the fishing and
hunting rights of the public guaranteed under Section 25 of Article I
and Section 4 of Article X of the California Constitution.
   (i) Unless otherwise expressly authorized by this code or other
state or federal law, the commission is the only entity in this state
authorized to adopt regulations regarding the taking of fish and
game on any lands or waters within the state.
   (j) If an ordinance or regulation proposed by a city or county
does not meet the requirements of this section, a city or county may
consult with the department regarding compliance with this section.