BILL ANALYSIS
AB 1254
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Date of Hearing: January 21, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1254 (Tom Berryhill) - As Amended: January 14, 2010
Policy Committee: Water, Parks and
Wildlife Vote: 11-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill makes several modifications to the Fish and Game Code
regarding hunting and fishing. Specifically, this bill:
1)Authorizes the Fish and Game Commission (FGC) to hold no fewer
than eight regular meetings per year, instead of no fewer than
10 as currently required, provided FGC has adequate travel
funding.
2)Increases from two to three the number of FGC's regular
meetings that can be held in Sacramento each year.
3)Repeals existing statute, which is duplicative of other
statutes, making it unlawful to hunt on private property
posted with "PRIVATE PROPERTY NO HUNTING" signs.
4)Modifies existing law, which currently requires the Fish and
Game Commission (FGC) to encourage multiple recreational uses
of state wildlife management areas, to require the FGC to
particularly encourage hunting and fishing.
FISCAL EFFECT
Possible minor savings of about $50,000 per year resulting from
FGC's authority to hold one more of its regular meetings in
Sacramento each year.
COMMENTS
1) Rationale . The sponsors contend this bill:
AB 1254
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a) Provides flexibility to FGC meeting requirements
that allow the commission to better respond to funding
deficits;
b) Repeals statute regarding hunting restrictions on
private property that is unnecessary because it
duplicates other sections of statute; and
c) Result in more wildlife management areas in the
state that allow hunting and fishing.
1) Background.
a) Fish and Game Commission meeting requirements .
Current law requires FGC to meet no less than 10 times a
year, with no more than two of those meetings occurring
in Sacramento. Recurring funding constraints have
strained FGC's ability to fulfill this meeting
requirement.
b) No means no . This bill repeals Section 2017, which
prohibits hunting on lands posted with "PRIVATE PROPERTY
NO HUNTING" signs. Similarly, Fish and Game Code Section
2016 also prohibits hunting on lands posted with no
trespassing signs. Indeed, the Department of Fish and
Game previously has proposed eliminating Section 2017,
though no such change to the codes has been made. While
it is true that these sections are duplicative, it is not
clear what problems result from this duplication.
c) Many activities encouraged, hunting and fishing
included . Section 1528 of the Fish and Game Code
declares the desirability of "multiple recreation use" of
state wildlife management areas. The statute requires
FGC to encourage such use. The section specifically
references certain activities, including hunting,
fishing, camping, and boating. The section does not,
however, prioritize any possible recreational use or uses
over any other.
2) Supporters , including several hunting and fishing
advocacy groups, contend the bill is needed to help FGC
manage funding constraints, clean up duplicative sections
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of the law, and encourage hunting and fishing on public
wildlife management areas.
3) Opponents , including several animal protection
organizations, expressed concerns in policy committee with
provisions of the bill that were struck by the committee.
Presumably, these organizations still oppose provisions of
the bill that would require FGC to specifically encourage
hunting and fishing on public wildlife management areas.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081