BILL NUMBER: AB 815	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 18, 2008
	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   Sections 221 and
222  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 that affects   the taking
of fish and game within its jurisdiction unless the ordinance meets
prescribed requirements   provide that the state fully
occupies the field of hunting and fishing  . 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
  and the Department of Fish and Game are  the only
 entity   entities  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
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 fields of hunting and
fishing.  
   (d) A city or a county shall not adopt an ordinance or regulation
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 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) 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.
 
   (f) A city or county ordinance or regulation shall not apply to
the taking of fish and game in any of the following areas, provided
the taking of fish and game shall still comply with all applicable
state and federal laws, including 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 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 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.  
   (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. 

   (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 at the time owns in fee title.  
   (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.  
   (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. 
   SEC. 2.    Section 222 is added to the  
Fish and Game Code   , to read:  
   222.  (a) The state fully occupies the fields of hunting and
fishing pursuant to this code, regulations adopted by the commission
pursuant to this code, and Section 20 of Article IV of the California
Constitution, and all local ordinances and regulations are subject
to this provision.
   (b) 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
of, and Section 4 of Article X of, the California Constitution.
   (c) Unless otherwise expressly authorized by this code or other
state or federal law, the commission and the department are the only
entities 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 title, during the period of
ownership.