BILL NUMBER: AB 665	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Frazier

                        FEBRUARY 24, 2015

   An act to amend Section 203.1 of, and to add Sections 200.5 and
200.6 to, the Fish and Game Code, relating to fish and wildlife.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 200.5 is added to the Fish and Game Code, to
read:
   200.5.  (a) The Legislature finds and declares all of the
following:
   (1) The California Supreme Court in In re Makings (1927) 200 Cal.
474, determined that Section 25 1/2 of Article IV of the California
Constitution, as currently set forth in Section 20 of Article IV,
prohibits local governmental entities from regulating, or interfering
with, fish and game matters in any manner and places this
responsibility with the Legislature in order to conserve California's
fish and wildlife and permit the greatest use of fish and game
resources compatible with the reasonable protection thereof.
   (2) The commission was established in 1870 to assist in the
scientific, evidence-based management of California's fish and
wildlife resources. The California Constitution permits the
Legislature to delegate to the commission certain powers relating to
the management of fish and game, and the Legislature has delegated to
the commission regulatory powers over the taking and possession of
fish and game, as set forth in this code.
   (3) Hunting and fishing are statistically among the safest outdoor
recreational activities, and are already well regulated by the state
through mandatory safety and education requirements, firearms laws,
and regulations adopted by the commission. Additional local
regulation would impede the proper administration of state fish and
game laws and would create significant enforcement issues. Hunting
and fishing activities are also compatible with other recreational
uses on many public lands and waters throughout the state.
   (b) In enacting this section and Section 200.6, it is the intent
of the Legislature to affirm, subject to applicable federal law, the
exclusive legal authority granted to the commission and the
department with regard to the taking and possession of fish and game
and thereby ensure necessary statewide control by the commission and
the department over fish and game matters for wildlife conservation
purposes and the protection of, and access to, hunting and fishing
opportunities for the public.
  SEC. 2.  Section 200.6 is added to the Fish and Game Code, to read:

   200.6.  (a) (1) The state fully occupies the field of the taking
and possession of fish and game pursuant to this code, regulations
adopted by the commission pursuant to this code, and Section 20 of
Article IV of the California Constitution, and all local ordinances
and regulations are subject to this section.
   (2) A city or county shall not adopt an ordinance or regulation
within its jurisdiction relating to the taking or possession of fish
and game.
   (b) The commission, the department, or any other governmental
entity legally authorized to affect hunting and fishing on navigable
waters held in public trust shall ensure that the fishing and hunting
rights of the public guaranteed under Section 25 of Article I and
Section 4 of Article X of the California Constitution are protected
in a manner consistent with those provisions.
   (c) (1) Unless expressly authorized by this code or federal law,
the commission and the department are the only entities in the state
that may adopt or promulgate regulations regarding the taking or
possession of fish and game on any lands or waters within the state.
   (2) Nothing in this section or Section 200.5 prohibits a public or
private landowner, or the landowner's designee, from controlling
public access or public use, including hunting or fishing, on
property that the landowner owns in fee, leases, holds an easement
upon, or is otherwise expressly authorized to control for those
purposes in a manner consistent with state law.
  SEC. 3.  Section 203.1 of the Fish and Game Code is amended to
read:
   203.1.  When adopting regulations pursuant to Section 
203,   203 or 205,  the commission shall consider
populations, habitat, food supplies, the welfare of individual
animals,  public health and safety,  and other pertinent
facts and testimony.