BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 665


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          Date of Hearing:  April 22, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          665 (Frazier) - As Amended April 15, 2015


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          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:









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          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:










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          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.








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            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


















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