BILL NUMBER: AB 815	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 11, 2008
	PASSED THE ASSEMBLY  AUGUST 13, 2008
	AMENDED IN SENATE  AUGUST 4, 2008
	AMENDED IN SENATE  JULY 2, 2008
	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 Sections 221 and 222 to the Fish and Game Code,
relating to fish and game.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 815, 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 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 and the department are the only
entities that may adopt or promulgate regulations regarding the
taking of fish and game on any lands or waters within the state. The
bill would provide that local ordinances and regulations that
regulate trapping are not subject to these provisions.

   AB 815, 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 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 and the department are the only
entities that may adopt or promulgate regulations regarding the
taking of fish and game on any lands or waters within the state. The
bill would provide that local ordinances and regulations that
regulate trapping are not subject to these provisions.


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 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.
  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 section.
   (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.
   (d) Local ordinances and regulations that regulate trapping are
not subject to this section.

  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 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.
  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 section.
   (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.
   (d) Local ordinances and regulations that regulate trapping are
not subject to this section.