BILL NUMBER: AB 815	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 27, 2007
	AMENDED IN ASSEMBLY  APRIL 30, 2007
	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  within its jurisdiction
 unless the ordinance meets prescribed requirements. The bill
would also provide that unless otherwise expressly authorized by the
Fish and Game Code or other state 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  in order to best conserve California's fish and
wildlife populations and permit the largest use of fish and game
compatible with the reasonable protection   thereof  .
   (2) The Fish and Game Commission was established in 1870 to assist
in the  science-based  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  activities 
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   necessary comprehensive 
statewide control by the commission and the department over all fish
and game matters  for wildlife conservation purposes and the
protection of, and access   to, hunting and fishing
opportunities for the public  . It is further the intent of the
Legislature to protect public health and safety in those  rare
and  limited instances where state laws and regulations have not
already provided a reasonable level of public health and safety. It
is also the 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   fields of hunting and fishing  .
   (d) A city or a county shall not adopt an ordinance or regulation
 within its jurisdiction that affects the taking of fish and
game,   that affects the taking of fish and game within
its jurisdiction,  unless 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  , but not limited to, Sections 200, 203,
and 205, 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  and therefore does not address a matter
of statewide concern  .
   (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.
   (3) The ordinance or regulation has only an incidental effect upon
the  field of fish and game   fields of hunting
and fishing  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 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 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 apply to any areas where the taking of fish and game may take
place without endangering public health and safety.  
   (e) In determining compliance with subdivision (d), the following
factors may be considered:  
   (1) The nature of the geographic area affected by the proposed
ordinance or regulation.  
   (2) The method, manner, and season in which the taking of fish and
game occurs.  
   (3) The impact on the taking of fish and game.  
   (4) Existing state and federal laws and regulations governing the
taking of fish and game and the use of weapons.  
   (5) The degree of public access to that area.  
   (6) The effective range of weapons used to take fish or game.
 
   (g) 
    (f)  A city or county ordinance or regulation shall not
apply to the taking of fish and game in any of the following areas,
 if   provided  the taking of fish and game
 complies   shall still comply  with all
applicable state and federal laws, including  , but not
limited to,  the safety zone provisions of Section 3004, and
regulations adopted by the commission:
   (1) Any lands or waters owned or managed by the state or federal
government.
   (2) Any private lands outside the geographical limits of a city
where the taking of fish and game may occur  safely 
 in a reasonably safe manner  .
   (3) Any 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 health and
safety, or other purposes.
   (4) Any private lands inside the geographical limits of a city
where limited-range weapons or other equipment, including  , but
not limited to,  shotguns, archery equipment, air rifles, or
fishing equipment, may be used to  safely take fish and game
  take fish and game in a reasonably safe manner  .

   (5) Any areas where the taking of fish and game may occur without
endangering public health and safety.  
   (h) 
    (g)  The commission, the department, or any other
governmental entity legally authorized to affect 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) 
    (h)  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   at the time owns
in fee title  . 
   (j) 
    (i)  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. 
   (k) 
    (j)  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 .