BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 606|
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THIRD READING
Bill No: AB 606
Author: Gatto (D), et al.
Amended: 6/20/11 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 9-0, 6/14/11
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 60-0, 4/14/11 (Consent) - See last page
for vote
SUBJECT : Hunting and fishing
SOURCE : Author
DIGEST : This bill directs the Department of Fish and
Game to allow compatible hunting, fishing, and other
recreational activities on lands prospectively subject to
either a wildlife easement or a contract for fish and
wildlife habitat preservation, restoration and enhancement,
makes an exception for lands for which the easement,
contact or memorandum of understanding specifically
prohibits certain wildlife-dependent activities, and states
that a landowner's lawful authority to restrict public
access will not be affected.
ANALYSIS :
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Existing Law :
1. Requires the Wildlife Conservation Board (WCB) to
investigate, study, and determine what areas are most
essential and suitable for wildlife production and
preservation, and will provide suitable recreation, and
what lands are suitable for game propagation, game
refuges, bird refuges, waterfowl refuges, game farms,
fish hatcheries, and game management areas, and what
streams and lakes are suitable for or can be made
suitable for fishing and hunting. Requires WCB in
determining what areas are suitable for fishing and
hunting, to, in consultation with the Department of Fish
and Game (DFG), take into consideration areas of the
state where public access and opportunity for fishing
and hunting are most needed.
2. Requires the WCB to determine what lands are suitable
for providing cover for the propagation and rearing of
wild waterfowl, shore birds and upland birds and to
acquire easements on such lands to provide cover.
Requires WCB to determine what lands or waters should be
acquired by the state for maximum restoration of
wildlife and maximum recreational advantages to the
people of the state.
3. Authorizes DFG to enter into contracts for fish and
wildlife habitat preservation, restoration, and
enhancement with public and private entities to assist
in meeting DFG's duty to preserve, protect and restore
fish and wildlife.
This bill :
1. This bill directs the Department of Fish and Game to
allow compatible hunting, fishing, and other
recreational activities on lands prospectively subject
to either a wildlife easement or a contract for fish and
wildlife habitat preservation, restoration and
enhancement, makes an exception for lands for which the
easement, contact or memorandum of understanding
specifically prohibits certain wildlife-dependent
activities, and states that a landowner's lawful
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authority to restrict public access will not be
affected.
2. States that a landowner retains the right to restrict
public access.
Background
DFG is authorized to contract with public and private
landowners for the purpose of fish and wildlife habitat
preservation and restoration. Within the DFG, WCB is
authorized to acquire real estate, including easements, for
the benefit of wildlife.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/19/11)
California Outdoor Heritage Alliance (source)
California Association of Firearms Retailers
California Farm Bureau Federation
California Waterfowl
Outdoor Sportsman's Coalition of California
Safari Club International
The California Sportsman's Lobby
OPPOSITION : (Verified 7/19/11)
Department of Fish and Game
ARGUMENTS IN SUPPORT : This bill is supported by several
groups that advocate for the interests of hunters and
anglers and the wildlife and habitat upon which they
depend. This bill's sponsor, the California Outdoor
Heritage Alliance, a coalition of sportsmen's organizations
and related businesses, believes that the bill clarifies
that private landowners who voluntarily agree to
participate in a DFG-managed wildlife program through
easements or contracts.
ARGUMENTS IN OPPOSITION : The DFG opposes this bill and
writes the following:
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"While there is no existing code provision that
specifically guarantees a landowner's hunting, fishing,
or recreational rights, such landowner rights are
generally recognized under the common law, often referred
to as a 'Bundle of Rights'. The Bundle of Rights are
rights inherent to the ownership of property, and include
the ability to use, sell, mortgage, lease, give away, or
the right to refuse to exercise any of these rights.
Furthermore, Civil Code Section 815.4 states that all
interests not transferred by an instrument creating a
conversation easement shall remain with the landowner,
including the right to engage in all uses of the land not
affected by the easement, nor prohibited by the easement
or by law.
"AB 606 requires DFG to allow recreational activities on
any lands under contract unless specifically prohibited.
This implies that the authority to allow recreational
activities does not reside with landowners, but rather
with DFG. Because there is an appearance that the
authority to allow recreational use is transferred from
private landowners to may lead to confusion among
landowners and the general public regarding access to
private land. Furthermore, since it does not add any
additional protections to those already possessed by
landowners, this risk comes with no additional benefits
to landowners or DFG.
"For these reasons, we believe that AB 606 is unnecessary
and potentionally confusing."
ASSEMBLY FLOOR :
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Campos, Carter, Cedillo, Chesbro,
Cook, Davis, Dickinson, Donnelly, Eng, Fletcher, Fong,
Fuentes, Furutani, Gatto, Gordon, Hagman, Halderman,
Hall, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jeffries, Lara, Bonnie Lowenthal, Ma, Miller,
Mitchell, Monning, Nestande, Nielsen, Norby, Pan, Perea,
V. Manuel P�rez, Portantino, Silva, Skinner, Smyth,
Solorio, Swanson, Torres, Valadao, Wieckowski, Yamada,
John A. P�rez
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NO VOTE RECORDED: Alejo, Butler, Charles Calderon, Conway,
Feuer, Galgiani, Garrick, Gorell, Grove, Harkey, Jones,
Knight, Logue, Mansoor, Mendoza, Morrell, Olsen, Wagner,
Williams, Vacancy
CTW:do 9/20/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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