BILL ANALYSIS AB 815 Page 1 Date of Hearing: May 23, 2007 ASSEMBLY COMMITTEE ON APPROPRIATIONS 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: SUMMARY 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) COMMENTS 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 circumstances. 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) 319-2081