BILL NUMBER: AB 815	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2007

INTRODUCED BY   Assembly Member Berryhill
    (   Coauthors:   Assembly Members 
 Maze   and Parra   ) 
    (   Coauthors:   Senators   Harman
  and Hollingsworth   ) 

                        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 amended, 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  or promulgate 
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.  It is the further intent of the
Legislature that this section minimize or eliminate the need for
litigation by serving as a legal guide for cities and counties on
fish and game matters, while improving local government communication
with the department. 
   (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   all  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  
or, in the case of a charter city, the ordinance or regulation is a
  municipal affair under Section 5 of Article XI of the
California Constitution. 
    (2)     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) 
    (3)  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   may  take into consideration  the
nature of the geographic area affected by the proposed ordinance or
regulation, the impact on the taking of fish and game,  existing
state and federal laws and regulations governing the taking of fish
and game  and use of weapons  , 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   apply  to any areas where
the taking of fish and game may take place without endangering
 human life   public health and safety  .
   (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.  
   (2) Any private lands outside the geographical limits of a city
that are not included in the "safety zone" area described in Section
3004. 
   (3) Any  unincorporated lands or waters  
lands or waters outside the geographical limits of a city  where
the commission or department determines that the taking of fish and
game is necessary for wildlife management  , public safety, 
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.
 
   (4) Any private lands inside the geographical limits of a city
that are not included in the "safety zone" described in Section 3004,
where limited-range weapons or other equipment, including shotguns,
archery equipment, air rifles, or fishing equipment, may be used to
safely take fish and 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  or promulgate  regulations regarding
the taking of fish and game on any lands or waters within the state.
 This subdivision does not prohibit a private landowner or his or
her designee from restricting the taking of fish and game on
property that he or she owns in fee. 
   (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  . 
   (k) This section does not necessarily invalidate the entirety of
any ordinance or regulation, and in determining the validity of the
provisions of any ordinance or regulation pursuant to this section
those provisions may be severable, and only those specific
geographical areas not meeting the requirements of this section shall
be affected.