BILL NUMBER: AB 2427	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 19, 2010

   An act to amend Sections 200 and 703 of the Fish and Game Code,
relating to game hunting.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2427, as introduced, Bill Berryhill. Hunting or taking game.
    The California Constitution establishes the Fish and Game
Commission and provides for the delegation to the 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,
amphibians, and reptiles in accordance with prescribed laws. Existing
law excepts from that statutory delegation the power to regulate the
taking, possessing, processing, or use of fish, amphibia, kelp, or
other aquatic plants for commercial purposes.
   This bill would also except from that statutory delegation the
power to impose an absolute prohibition on hunting or taking game.
The bill would not prohibit the commission, in accordance with the
California Constitution, from imposing conditions necessary for the
protection and propagation of game.
   Existing law establishes the Department of Fish and Game in the
Natural Resources Agency, and generally charges the department with
the administration and enforcement of the Fish and Game Code.
Existing law requires the commission to formulate general policies
for the conduct of the department. Existing law requires the Director
of Fish and Game to be guided by those policies and requires the
director to be responsible to the commission for the administration
of the department in accordance with those policies.
   This bill would prohibit the policies of the department from
including an absolute prohibition on hunting or taking game.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 200 of the Fish and Game Code is amended to
read:
   200.   (a)    There is hereby delegated to the
commission the power to regulate the taking or possession of birds,
mammals, fish,  amphibia   amphibians  ,
and reptiles to the extent and in the manner prescribed in this
article. 
    No
    (b)     No  power is delegated to the
commission by this article to regulate the taking, possessing,
processing, or use of fish,  amphibia  
amphibians , kelp, or other aquatic plants for commercial
purposes, and no provision of this code relating or applying thereto,
nor any regulation of the commission made pursuant to  such
  that  provision, shall be affected by this
article or any regulation made under this article. 
   (c) No power is delegated to the commission by this article to
impose an absolute prohibition on hunting or taking game. This
subdivision does not prohibit the commission, in accordance with
Section 20 of Article IV of the California Constitution, from
imposing conditions necessary for the protection and propagation of
game. 
  SEC. 2.  Section 703 of the Fish and Game Code is amended to read:
   703.  (a)  General   The commission shall
formulate general  policies for the conduct of the department
 shall be formulated by the commission  . The
director shall be guided by those policies and shall be responsible
to the commission for the administration of the department in
accordance with those policies. 
   (b) The policies of the department shall not include an absolute
prohibition on hunting or taking game.  
   (b) 
   (c)  The department shall respond to requests from the
Department of Forestry and Fire Protection, acting as the lead agency
for the review of timber harvesting plans, within the time period
required under Section 4582.6 of the Public Resources Code, unless
additional time is granted by the Department of Forestry and Fire
Protection. The department shall include specific comments or
recommendations, or both, on any significant environmental issues
raised by the proposed timber harvesting plan in its area of
jurisdiction, including any proposed mitigation measures. The
department shall also identify its statutory authority for any
requests or recommendations for mitigation that it may determine to
be necessary. If the department has no comment to make on the
proposed timber harvesting plan, it is not required to submit a
response.