BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 815
                                                                  Page  1

          Date of Hearing:   May 23, 2007 

                                  Mark Leno, Chair

                  AB 815 (Berryhill) - As Amended:  April 30, 2007 

          Policy Committee:                              Water, Parks &  
          Wildlife     Vote:                            11-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               


          This bill prohibits a city or county from adopting an ordinance  
          or regulation that affects fishing and hunting within its  
          jurisdiction unless the action is consistent with the California  
          Constitution and state laws that preempt local actions, is  
          needed to protect public health and safety, and has only an  
          incidental effect on fishing and hunting.

           FISCAL EFFECT  

          Negligible costs to the Fish and Game Commission (FGC) and the  
          Department of Fish and Game (DFG) to review local ordinances and  
          regulations that may violate these provisions.  (Fish and Game  
          Preservation Fund)


           1)Rationale  .  The author believes FGC's authority to regulate  
            fishing and hunting in California is being usurped by some  
            cities and counties that adopt local ordinances restricting  
            fishing and hunting activities in response to related-problems  
            occurring in those local jurisdictions.  

          2)The California Constitution  (Section 20, Article I) creates  
            the FGC and allows the Legislature to vest the commission with  
            the responsibility to regulate fishing and hunting activities  
            in the state, an authority the Legislature has exercised since  
            early in the 20th Century.  The California Constitution  
            (Section 25, Article I) guarantees the right to fish on the  
            public lands and waters of the state and prohibits laws to  
            impede access to these lands and waters for the purpose of  


                                                                  AB 815
                                                                  Page  2

            fishing.  The California Supreme Court in re Makings (1927)  
            determined that local governments are prohibited from  
            regulating, or interfering with, the taking of fish and game  
            and places this responsibility with the Legislature.  

          3)Prior Legislation  .  AB 2146 (Canciamilla) of 2006, similar to  
            this bill, was held in the Senate Natural Resources and Water  
            Committee after proponents and opponents agreed to negotiate a  
            compromise during the fall interim.  AB 815, while broader in  
            terms of prohibiting cities and counties from taking certain  
            actions, includes provisions that would allow a city or county  
            to adopt an ordinance or regulation under certain  

          4)Suggested Amendment  .  On Page 3, line 7, move "within its  
            jurisdiction" from the beginning of line 7 to after "game".  
           Analysis Prepared by  :    Steve Archibald / APPR. / (916)