BILL NUMBER: AB 979
VETOED DATE: 09/28/2010
To the Members of the California State Assembly:
I am returning Assembly Bill 979 without my signature.
This bill asserts the exclusive authority of the Fish and Game
Commission (Commission) and the Department of Fish and Game
(Department) to regulate hunting and fishing in the state. As such,
it also bars local entities from regulating hunting or fishing,
except where local regulations would protect public health and
safety.
This bill is unnecessary. The Department already has the authority
to regulate the taking of fish and game throughout the state.
Additionally, this bill's provisions fail to recognize the Department'
s authority to regulate trapping and the take of non-game mammals,
thereby creating opportunities for legal challenges and state costs
to defend these lawsuits.
Also, this bill's requirement that the Department and the Commission
take steps to authorize public access to navigable waters may include
flood waters that flow onto private property. Hunting on these
flood waters is a trespass violation under current law, and the
safety of the property owner must first be considered when
determining whether to allow hunters to enter flooded property.
For these reasons I am unable to sign this bill.
Sincerely,
Arnold Schwarzenegger