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