BILL ANALYSIS
AB 815
Page 1
ASSEMBLY THIRD READING
AB 815 (Berryhill)
As Amended April 30, 2007
Majority vote
WATER, PARKS & WILDLIFE 11-0 APPROPRIATIONS 15-0
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|Ayes:|Wolk, Maze, Anderson, |Ayes:|Leno, Walters, Caballero, |
| |Berryhill, Caballero, | |Davis, DeSaulnier, |
| |Charles Calderon, | |Emmerson, Huffman, |
| |Huffman, La Malfa, Lieu, | |Karnette, Krekorian, La |
| |Parra, Salas | |Malfa, Lieu, Ma, |
| | | |Nakanishi, Sharon Runner, |
| | | |Solorio |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Prohibits a city of county from adopting an ordinance
or regulation that affects the taking of fish or game within its
jurisdiction except under narrow circumstances relating to
public health and safety. Specifically, this bill :
1)States legislative findings and declarations regarding a 1927
California Supreme Court decision holding that local
governments are prohibited from regulating or interfering with
the taking of fish and game, and the Legislature's delegation
of regulatory powers to the Fish and Game Commission (FGC)
over hunting and fishing. States legislative findings that
hunting and fishing are statistically among the safest of
outdoor recreational activities, and are compatible with other
recreational uses on many public lands and waters.
2)States legislative intent to affirm the exclusive legal
authority granted to FGC and the Department of Fish and Game
(DFG) with regard to the taking of fish and game, and to
ensure continued statewide control by FGC and DFG over all
fish and game matters. States legislative intent to protect
public health and safety, and to minimize the need for
litigation by serving as a guide for cities and counties.
3)Declares that the state has fully occupied the field of fish
and game.
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4)Prohibits a city or county from adopting an ordinance or
regulation that affects the taking of fish and game unless the
ordinance or regulation is necessary to protect public health
and safety, protection of public health and safety is its
principal purpose, and the ordinance or regulation only has an
incidental effect upon the field of fish and game.
5)Authorizes a city or county to take into consideration
specified factors when adopting ordinances that comply with
the above requirements.
6)Provides that no ordinance or regulation adopted by a city or
county that would affect taking of fish and game shall apply
to any areas where the taking of fish and game may take place
without endangering public health and safety.
7)Prohibits any city or county ordinance or regulation from
applying to the taking of fish and game in any of the
following areas, as long as the taking complies with all
applicable state and federal laws, including state law
restricting the use of weapons in "safety zone" areas, defined
under current law as within 150 yards of an occupied dwelling:
a) On any lands or waters owned and managed by state or
federal government;
b) On any private lands outside of a city's geographical
limits where the taking of fish and game may occur safely;
c) On any lands or waters outside a city's geographical
limits where FGC or DFG determines that the taking of fish
and game is necessary for wildlife management, public
health and safety, or other purposes;
d) On any private lands inside a city's geographical limits
where certain limited-range weapons may be used safely to
take fish or game.
8)Requires FGC, DFG, or any other governmental entity authorized
to impact taking of fish and game on navigable waters held in
public trust to consider the fishing and hunting rights of the
public guaranteed under the California Constitution.
9)Provides that unless otherwise expressly authorized by law,
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FGC is the only entity authorized to adopt or promulgate
regulations regarding the taking of fish and game on any lands
or waters within the state. Provides that this subsection
does not prohibit a private landowner or their designee from
restricting the taking of fish and game on property they own
in fee.
10)States that this section does not necessarily invalidate an
ordinance or regulation in its entirety, and only those
specific geographical areas not meeting the requirements of
this section shall be affected.
EXISTING LAW :
1)Authorizes the Legislature, under the California Constitution,
to delegate to FGC powers relating to the protection and
propagation of fish and game. The Legislature, by statute,
has delegated to FGC the power to regulate the taking or
possession of fish and game, in accordance with state fish and
game laws. The California Constitution also guarantees the
right to fish on the public lands and waters of the state and
prohibits laws to impede access to these lands for the purpose
of fishing.
2)Gives local governments authority, under the California
Constitution, to make and enforce within their limits all
local, police, sanitary and other ordinances and regulations
not in conflict with general law.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible costs to FGC and DFG to review local
ordinances and regulations.
COMMENTS : The author has introduced this bill to ensure
comprehensive, biologically-based state control over the
management of fish and game by keeping local governments from
regulating fish and game matters unless legitimate public safety
reasons require otherwise. This bill also seeks to prevent
duplicative or contradictory fish and game regulations, provide
guidance to local governments, encourage greater communication
between local governments and DFG, and maintain hunting and
fishing as incentives for private landowners to enter into
conservation easements or other habitat protection agreements.
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Opponents of this bill assert that cities and counties should
retain the right to determine activities within their
jurisdiction according to their best judgment and local
preferences. Arguments raised in opposition include that this
bill would shift the balance of power between local governments
and the state, would prohibit a local government from adopting
an ordinance to prohibit the setting of traps which might injure
or kill pets or pose a hazard for young children, and would have
a chilling effect on the exercise of police powers by local
governments to protect public safety and property.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0000831