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 taking or possession 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 taking or possession 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 of the Fish and Game Code is
2amended to read:
(a) There is hereby delegated to the commission the power
4to regulate the taking or possession of birds, mammals, fish,
5amphibia, and reptiles for purposes that include, but are not limited
6to, public health and safety, to the extent and in the manner
7prescribed in this article.
8(b) No power is delegated to the commission by this article to
9regulate the taking, possessing, processing, or use of fish, amphibia,
10kelp, or other aquatic plants for commercial purposes, and no
11provision of this code relating or applying thereto, nor any
12regulation of the commission made pursuant to these provisions,
13shall be affected by this article or any regulation made
under this
14article.
Section 200.5 is added to the Fish and Game Code, to
16read:
(a) The Legislature finds and declares all of the
18following:
19(1) The California Supreme Court in In re Makings (1927) 200
20Cal. 474, determined that Section 25 1⁄2 of Article IV of the
21California Constitution, as currently set forth in Section 20 of
22Article IV, prohibits local governmental entities from regulating,
23or interfering with, fish and game matters in any manner and places
24this responsibility with the Legislature in order to conserve
P3 1California’s fish and wildlife and permit the greatest use of fish
2and game resources compatible with the reasonable protection
3thereof.
4(2) The commission was established in 1870 to assist in the
5scientific, evidence-based management of California’s fish and
6wildlife resources. The California Constitution permits the
7Legislature to delegate to the commission certain powers relating
8to the management of fish and game, and the Legislature has
9delegated to the commission regulatory powers over the taking
10and possession of fish and game, as set forth in this code.
11(3) Hunting and fishing are statistically among the safest outdoor
12recreational activities, and are already well regulated by the state
13through means that include, but are not limited to, mandatory safety
14and education requirements, weapons discharge laws, and
15regulations adopted by the commission. Additional local regulation
16would be unnecessary, would impede
the proper administration
17of state fish and game laws, and would create significant
18enforcement issues. Hunting and fishing activities are also
19compatible with other recreational uses on many public lands and
20waters throughout the state.
21(b) In enacting this section and Section 200.6, it is the intent of
22the Legislature to affirm, subject to applicable federal law, the
23exclusive legal authority granted to the commission and the
24department with regard to the taking and possession of fish and
25game and thereby ensure necessary statewide control by the
26commission and the department over fish and game matters for
27wildlife conservation purposes, the protection of, and access to,
28hunting and fishing opportunities for the public, and for public
29health and safety purposes.
Section 200.6 is added to the Fish and Game Code, to
31read:
(a) The state fully occupies the field of the taking and
33possession of fish and game pursuant to this code, regulations
34adopted by the commission pursuant to this code, and Section 20
35of Article IV of the California Constitution, and all local ordinances
36and regulations are subject to this section and Section 200.5.
37(b) The commission, the department, or any other governmental
38entity legally authorized to affect hunting and fishing on navigable
39waters held in public trust shall ensure that the fishing and hunting
40rights of the public guaranteed under Section 25 of Article I and
P4 1Section 4 of Article X of the California Constitution are protected
2in a manner
consistent with those provisions.
3(c) (1) Unless expressly authorized by this code, other state
4law, or federal law, the commission and the department are the
5only entities in the state that may adopt or promulgate regulations
6regarding the taking or possession of fish and game on any lands
7or waters within the state.
8(2) Nothing in this section or Section 200.5 prohibits a public
9or private landowner, or the landowner’s designee, from controlling
10begin delete publicend delete access orbegin delete publicend delete use, including hunting or fishing, on
11property that the landowner owns in fee, leases, holds an easement
12upon, or is otherwise expressly
authorized to control for those
13purposes in a manner consistent with state law.begin insert However, nothing
14in this section abridges the public’s rights of navigation, fishing,
15hunting, or other recreation on waters of the state (see Bohn v.
16Albertson (1951) 107 Cal.App.2d 738; People ex rel. Baker v.
17Mack (1971) 19 Cal.App.3d 1040; and 68 Ops.Cal.Atty.Gen. 268
18(1985)).end insert
19(3) This section applies only to activities for which a hunting
20or fishing license or a depredation permit is required by this code
21or regulations adopted by the commission, and to activities carried
22out by an employee or agent of the department as part of his or
23her official duties. Nothing in this section shall be construed to
24diminish or affect existing legal protections for fish and
25game-related management,
recreation, or other activities not
26specifically mentioned in this section.
Section 203.1 of the Fish and Game Code is amended
28to read:
When adopting regulations pursuant to Section 203 or
30205, the commission shall consider populations, habitat, food
31supplies, the welfare of individual animals, public health and safety,
32and other pertinent facts and testimony.
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