AB 665, as introduced, Frazier. Hunting or fishing: local regulation.
(1) The California Constitution provides for the delegation to the Fish and Game 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, amphibia, and reptiles in accordance with prescribed laws. Under existing law, the Department of Fish and Wildlife exercises various functions with regard to the taking of fish and game. Under existing law, a city or county has no authority to regulate fish and game except that a city or county may adopt an ordinance that incidentally affects fishing and hunting for the protection of public health and safety.
This bill would provide that the state fully occupies the field of the taking and possession of fish and game. The bill would prohibit a city or county from adopting an ordinance or regulation relating to the taking or possession of fish and game. The bill would also provide that unless otherwise authorized by the Fish and Game Code or other state or federal law, the commission and the department are the only entities that may adopt or promulgate regulations regarding the taking or possession of fish and game on any lands or waters within the state.
(2) Existing law requires the commission, when adopting certain regulations relating to the take of resident game birds, game mammals, and fur-bearing mammals, to consider populations, habitat, food supplies, the welfare of individual animals, and other pertinent facts and testimony.
This bill would require the commission to consider these factors when adopting certain regulations relating to the take of fish, amphibians, and reptiles. The bill would also require the commission to consider public health and safety when adopting these regulations.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 200.5 is added to the Fish and Game
2Code, to read:
(a) The Legislature finds and declares all of the
4following:
5(1) The California Supreme Court in In re Makings (1927) 200
6Cal. 474, determined that Section 25 1⁄2 of Article IV of the
7California Constitution, as currently set forth in Section 20 of
8Article IV, prohibits local governmental entities from regulating,
9or interfering with, fish and game matters in any manner and places
10this responsibility with the Legislature in order to conserve
11California’s fish and wildlife and permit the greatest use of fish
12and game resources compatible with the reasonable protection
13thereof.
14(2) The
commission was established in 1870 to assist in the
15scientific, evidence-based management of California’s fish and
16wildlife resources. The California Constitution permits the
17Legislature to delegate to the commission certain powers relating
18to the management of fish and game, and the Legislature has
19delegated to the commission regulatory powers over the taking
20and possession of fish and game, as set forth in this code.
21(3) Hunting and fishing are statistically among the safest outdoor
22recreational activities, and are already well regulated by the state
23through mandatory safety and education requirements, firearms
24laws, and regulations adopted by the commission. Additional local
25regulation would impede the proper administration of state fish
26and game laws and would create significant enforcement issues.
27Hunting and fishing activities are also compatible with other
P3 1recreational uses on many public lands and waters throughout the
2state.
3(b) In enacting this section and Section 200.6, it is the intent of
4the Legislature to affirm, subject to applicable federal law, the
5exclusive legal authority granted to the commission and the
6department with regard to the taking and possession of fish and
7game and thereby ensure necessary statewide control by the
8commission and the department over fish and game matters for
9wildlife conservation purposes and the protection of, and access
10to, hunting and fishing opportunities for the public.
Section 200.6 is added to the Fish and Game Code, to
12read:
(a) (1) The state fully occupies the field of the taking
14and possession of fish and game pursuant to this code, regulations
15adopted by the commission pursuant to this code, and Section 20
16of Article IV of the California Constitution, and all local ordinances
17and regulations are subject to this section.
18(2) A city or county shall not adopt an ordinance or regulation
19within its jurisdiction relating to the taking or possession of fish
20and game.
21(b) The commission, the department, or any other governmental
22entity legally authorized to affect hunting and fishing on navigable
23waters held in public trust shall ensure that the fishing and hunting
24rights of the public
guaranteed under Section 25 of Article I and
25Section 4 of Article X of the California Constitution are protected
26in a manner consistent with those provisions.
27(c) (1) Unless expressly authorized by this code or federal law,
28the commission and the department are the only entities in the state
29that may adopt or promulgate regulations regarding the taking or
30possession of fish and game on any lands or waters within the
31state.
32(2) Nothing in this section or Section 200.5 prohibits a public
33or private landowner, or the landowner’s designee, from controlling
34public access or public use, including hunting or fishing, on
35property that the landowner owns in fee, leases, holds an easement
36upon, or is otherwise expressly authorized to control for those
37purposes in a manner consistent with state law.
Section 203.1 of the Fish and Game Code is amended
39to read:
When adopting regulations pursuant to Sectionbegin delete 203,end delete
2begin insert 203 or 205,end insert the commission shall consider populations, habitat,
3food supplies, the welfare of individual animals,begin insert public health and
4safety,end insert and other pertinent facts and testimony.
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