Amended in Senate June 2, 2015

Amended in Assembly April 15, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 665

Introduced by Assembly Member Frazier

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(Coauthor: Senator Berryhill)

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February 24, 2015

An act to amend begin delete Section end delete begin insert Sections 200 and end insert 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 amended, 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 provide that unless otherwise authorized by the Fish and Game Code, other state law, 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 begin delete take end delete begin insert taking or possession end insert 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 begin delete take end delete begin insert taking or possession end insert 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:

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begin insert SECTION 1. end insert   

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begin insert Section 200 of the end insert begin insert Fish and Game Code end insert begin insert is
amended to read: end insert

200.  

begin insert (a) end insert begin insert   end insert There is hereby delegated to the commission the power
to regulate the taking or possession of birds, mammals, fish,
amphibia, and reptiles begin insert for purposes that include, but are not limited
to, public health and safety, end insert to the extent and in the manner
prescribed in this article.

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No

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begin insert (b) end insert begin insert   end insert begin insert No end insert power is delegated to the commission by this article to
regulate the taking, possessing, processing, or use of fish, amphibia,
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 begin delete such provision, end delete
begin insert these provisions, end insert shall be affected by this article or any regulation
made under this article.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 begin insert means that include, but are not limited to, end insert mandatory
safety and education requirements, begin delete firearms end delete begin insert weapons discharge end insert
laws, and regulations adopted by the commission. Additional local
regulation begin insert would be unnecessary, end insert would impede the proper
administration of state fish and game begin delete laws end delete begin insert laws, end insert 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 begin delete purposes and end delete begin insert purposes, end insert the protection of,
and access to, hunting and fishing opportunities for the begin delete public. end delete
begin insert public, and for public health and safety purposes. end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 200.6 is added to the Fish and Game Code, to
read:

200.6.  

(a) 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 begin delete section. end delete begin insert section and Section
200.5. end insert

(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, other state
law, 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.

(3) This section applies only to activities for which a hunting
or fishing license or a depredation permit is required by this code
or regulations adopted by the begin delete commission. end delete begin insert commission, and to
activities carried out by an employee or agent of the department
as part of his or her official duties. Nothing in this section shall
be construed to diminish or affect existing legal protections for
fish and game-related management, recreation, or other activities
not specifically mentioned in this section. end insert

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 203.1 of the Fish and Game Code is amended
to read:

203.1.  

When adopting regulations pursuant to Section 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.