BILL ANALYSIS Ó AB 665 Page 1 Date of Hearing: April 22, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 665 (Frazier) - As Amended April 15, 2015 ----------------------------------------------------------------- |Policy |Water, Parks and Wildlife |Vote:|15 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: SUMMARY: This bill declares the state of California fully occupies the field of the taking and possession of fish and game. Specifically, this bill: AB 665 Page 2 1)Specifies that the state fully occupies the field of the taking and possession of fish and game pursuant to the Fish and Game Code, regulations adopted by the Fish and Game Commission (FGC) pursuant to the Fish and Game Code, and Section 20 of Article IV of the California Constitution, and that all local ordinances and regulations are subject to this section of the Fish and Game Code. 2)Requires the FGC, the Department of Fish and Wildlife (DFW), or any other governmental entity legally authorized to affect hunting and fishing on navigable waters held in public trust to ensure that the fishing and hunting rights of the public guaranteed under the Constitution are protected. 3)Provides that unless expressly authorized by the Fish and Game Code, other state law or federal law, the FGC and the DFW 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. 4)Provides that nothing in this bill prohibits a public or private landowner or their designee from controlling public access or public use, including hunting and 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. 5)Requires the FGC, when adopting regulations regarding hunting and fishing, to consider public health and safety. FISCAL EFFECT: AB 665 Page 3 Negligible costs to the FGC and the DFW to review local ordinances and regulations that may violate these provisions. (Fish and Game Preservation Fund) COMMENTS: 1)Purpose. According to the author, the purpose of this bill is to reaffirm the state's sole regulatory authority over the taking and possession of fish and game by prohibiting cities and counties from adopting local ordinances relating to the taking or possession of fish and game. 2)Background. The California Constitution (Section 20, Article I) creates the FGC and allows the Legislature to vest the commission with the responsibility to regulate fishing and hunting activities in the state, an authority the Legislature has exercised since early in the 20th Century. The California Constitution (Section 25, Article I) guarantees the right to fish on the public lands and waters of the state and prohibits laws to impede access to these lands and waters for the purpose of fishing. The California Supreme Court in In re Makings (1927) determined that local governments are prohibited from regulating, or interfering with, the taking of fish and game and places this responsibility with the Legislature. In a 1986 opinion, the Attorney General analyzed both of these constitutional provisions and opined that a county may by ordinance adopt laws regulating certain methods of hunting within its jurisdiction, where such action is necessary to protect public health and safety, and where the local ordinance only incidentally affects the field of hunting. The particular ordinance in question banned steel-jawed leg hold traps. Attorney General opinions are persuasive authority but not binding on courts. AB 665 Page 4 The 1986 Attorney General opinion relied in part on the reasoning of the Court of Appeal in People v. Mueller (1970) 8 Cal.App.3d 949. The court in that case found a local ordinance regulating fishing to be valid, and held that if the primary purpose of the ordinance is the protection of public health and safety, and the ordinance affects hunting and fishing incidentally, the ordinance is a valid exercise of the local police power. 3)Prior Legislation. AB 2146 (Canciamilla) of 2006 was substantially similar to this bill, but applied only to local ordinances adopted after the effective date of the bill. AB 2146 was held in the Senate. AB 815 (Berryhill) of 2008 and AB 979 (Berryhill) of 2010 were substantially similar to this bill. Both bills were vetoed by Governor Schwarzenegger. AB 815 was vetoed because the Budget was delayed. AB 979 was viewed as unnecessary. Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081 AB 665 Page 5