BILL ANALYSIS
AB 979
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 979 (Tom Berryhill)
As Amended August 18, 2010
Majority vote
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|ASSEMBLY: |56-12|(June 2, 2009) |SENATE: |29-5 |(August 23, |
| | | | | |2010) |
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Original Committee Reference: W., P. & W.
SUMMARY : Declares that the state fully occupies the fields of
hunting and fishing, and that all local regulations are subject
to that provision.
The Senate amendments :
1)State that a city or county shall not adopt an ordinance or
regulation within its jurisdiction that affects hunting or
fishing unless the ordinance or regulation is both necessary
to protect public health and safety and has only an incidental
impact on the field of hunting and fishing preempted by state
law.
2)Modify language acknowledging a public or private landowners
right to regulate public access and uses on their lands to
provide that nothing in this bill prohibits a public or
private landowner, or the landowner's designee, from
regulating public access or public use on property the
landowner owns in fee, leases, manages, holds an easement
upon, or is otherwise lawfully authorized to control for those
purposes, in a manner consistent with state law.
3)Make Section 2 of this bill applicable only to activities for
which a hunting or fishing license is required by the Fish and
Game Code or regulations adopted by the Fish and Game
Commission (FGC).
4)Delete a reference in the legislative findings to unnecessary
local ordinances, and express legislative intent to protect
access to hunting and fishing for private landowners in
addition to the public.
EXISTING LAW :
AB 979
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1)Authorizes the Legislature, in Article IV, Section 20 of the
California Constitution, to delegate to the Fish and Game
Commission (FGC) powers relating to the protection and
propagation of fish and game. The Legislature, by statute,
has delegated to the FGC the power to regulate the taking or
possession of fish and game, in accordance with state fish and
game laws.
2)Guarantees, in Article 1, Section 25 of the California
Constitution, the right of the people to fish upon and from
public lands and waters of the state, but reserves to the
Legislature the authority to provide for seasons and
conditions under which different species of fish may be taken.
3)Guarantees, in Article 10, Section 4 of the California
Constitution, public access to the navigable waters of the
state.
4)Gives local governments authority, under Article XI, Section 7
of the California Constitution, to make and enforce within
their limits all local, police, sanitary and other ordinances
and regulations not in conflict with general law.
AS PASSED BY THE ASSEMBLY , this bill stated:
1)Legislative intent that exclusive legal authority be granted
to the FGC and the Department of Fish and Game (DFG) regarding
the taking and possession of fish and game to ensure statewide
control, and declared that the state has fully occupied the
field of hunting and fishing, and that all local ordinances
are subject to this provision. A local government could adopt
a regulation that indirectly impacts the taking of fish and
game if the ordinance is both necessary for public health and
safety and only indirectly impacts the field of hunting and
fishing preempted by state law. An ordinance would be
prohibited from indiscriminately extending to areas where the
taking of fish and game may occur without endangering public
health or safety or to lands or waters owned or managed by the
state or federal government.
2)That unless otherwise expressly authorized by state or federal
law, the FGC and DFG are the only entities that shall adopt
regulations regarding taking of fish and game, however,
nothing in this bill prohibits a landowner from restricting
AB 979
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the taking of fish and game on property in which the landowner
has an ownership interest.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : The purpose of this bill is to ensure comprehensive,
biologically-based control over the management of fish and game
by keeping local governments from adopting regulations that
affect hunting and fishing unless required for public health and
safety reasons. Amendments adopted in the Assembly clarified
that nothing in this bill precludes a city or county from
adopting an ordinance that is both necessary for public health
and safety and only indirectly impacts the field of hunting and
fishing. The Assembly-approved version also preserved the right
of public and private landowners, including park and open space
districts, to restrict the taking of fish and game on their own
properties. The Senate amendments revise that provision to
acknowledge the right of public and private landowners to
regulate public access or public use on property they own or
manage in a manner consistent with state law. The Senate
amendments also make Section 2 of this bill applicable only to
activities for which a hunting or fishing license is required.
The League of Cities and California State Association of
Counties believe this amendment has the effect of recognizing
the authority of cities and counties, as it relates to trapping,
to protect the public based on local needs.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0006321