BILL NUMBER: AB 665 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2015
AMENDED IN SENATE JUNE 16, 2015
AMENDED IN SENATE JUNE 2, 2015
AMENDED IN ASSEMBLY APRIL 15, 2015
INTRODUCED BY Assembly Member Frazier
(Coauthor: Senator Berryhill)
FEBRUARY 24, 2015
An act to amend Sections 200 and 203.1
200, 203.1, and 12000 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 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.
(3) Existing law generally makes any violation of the Fish and
Game Code or any rule, regulation, or order made or adopted under the
code a misdemeanor, and specifies that a violation of designated
statutes or regulations is either an infraction or a misdemeanor.
This bill would make a violation of a specified statute relating
to the intentional discharge of a firearm or release of an arrow or
crossbow bolt over or across a public road or other established way
open to the public in an unsafe and reckless manner an infraction or
a misdemeanor.
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 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,
and reptiles for purposes that include, but are not limited to,
public health and safety, to the extent and in the manner prescribed
in this article.
(b) No 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 these provisions, shall
be affected by this article or any regulation made under this
article.
SEC. 2. 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 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 means that include, but are not limited to, mandatory safety
and education requirements, weapons discharge laws,
discharge laws for firearms used to take wildlife,
and regulations adopted by the commission. Additional local
regulation would be unnecessary, 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, the protection of, and access to, hunting and fishing
opportunities for the public, and for public health and safety
purposes.
(c) It is the intent of the Legislature to expressly preempt local
ordinances regarding the taking or possession of fish and game, as
provided in Section 200.6.
(d) It is the intent of the Legislature that local governments
pursue requests for regulation of hunting, fishing, and depredation
permits pursuant to Section 207.
SEC. 3. 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 regarding the taking and possession of fish and
game are subject to this section and Section 200.5.
section.
(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 recreation 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 access or 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. However, nothing in
this section abridges the public's rights of navigation, fishing,
hunting, or other recreation on waters of the state (see Bohn v.
Albertson (1951) 107 Cal.App.2d 738; People ex rel. Baker v. Mack
(1971) 19 Cal.App.3d 1040; and 68 Ops.Cal.Atty.Gen. 268 (1985)).
(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 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.
SEC. 4. 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.
SEC. 5. Section 12000 of the Fish and
Game Code is amended to read:
12000. (a) Except as expressly provided otherwise in this code,
any violation of this code, or of any rule, regulation, or order made
or adopted under this code, is a misdemeanor.
(b) Notwithstanding subdivision (a), a person who violates any of
the following statutes or regulations is guilty of an infraction
punishable by a fine of not less than one hundred dollars ($100) and
not to exceed one thousand dollars ($1,000), or of a misdemeanor:
(1) Section 2009.
(2) Subdivision (b) of Section 3004.
(2)
(3) Subdivision (a) of Section 6596.
(3)
(4) Section 7149.8.
(4)
(5) Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title
14 of the California Code of Regulations.
(5)
(6) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00,
inclusive, of Title 14 of the California Code of Regulations.
(6)
(7) Sections 27.56 to 30.10, inclusive, of Title 14 of
the California Code of Regulations.
(7)
(8) Sections 40 to 43, inclusive, of Title 14 of the
California Code of Regulations.
(8)
(9) Section 251.7 of Title 14 of the California Code of
Regulations.
(9)
(10) Sections 307, 308, and 311 to 313, inclusive, of
Title 14 of the California Code of Regulations.
(10)
(11) Sections 505, 507 to 510, inclusive, and 550 to
553, inclusive, of Title 14 of the California Code of Regulations.
(11)
(12) Section 630 of Title 14 of the California Code of
Regulations.