Bill Text: CA AB859 | 2023-2024 | Regular Session | Enrolled

California Assembly Bill 859

Bill Title: Hunting: navigable waters.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Vetoed) 2024-01-29 - Consideration of Governor's veto stricken from file. [AB859 Detail]

Download: California-2023-AB859-Enrolled.html

Enrolled September 18, 2023

Passed IN Senate September 13, 2023

Passed IN Assembly September 13, 2023

Amended IN Senate September 07, 2023

Amended IN Senate July 10, 2023

Amended IN Senate June 26, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 859

Introduced by Assembly Member Gallagher
(Principal coauthor: Senator Cortese)
(Coauthors: Assembly Members Megan Dahle and Mathis)

February 14, 2023

An act to amend Section 2016 of the Fish and Game Code, relating to fish and game.

LEGISLATIVE COUNSEL'S DIGEST

AB 859, Gallagher. Hunting: navigable waters.

Existing law makes it unlawful to enter land for the purpose of discharging a firearm or taking or destroying any mammal or bird, including waterfowl, on that land, without having first obtained written permission from the owner, the owner’s agent, or the person in lawful possession of that land, if either of the following applies: (1) the land belongs to, or is occupied by, another person and is either under cultivation or enclosed by a fence, or (2) there are signs forbidding trespass or hunting or both displayed at intervals not less than 3 to the mile along all exterior boundaries and at all roads and trails entering those lands, including land temporarily inundated by water flowing outside the established banks of a waterway, as specified.

This bill would exempt from those provisions lands inundated by navigable waters temporarily flowing outside the established banks of a river, stream, slough, or other waterway that float a boat, canoe, kayak, or any other watercraft. The bill would also state that these provisions do not restrict the public’s right under the California Constitution to use navigable waters for hunting, fishing, or other public purposes. The bill would specify that for the purposes of these provisions navigable waters can include ordinary, seasonal flooding. The bill would also specify that nothing in the above-mentioned provisions permits entry over legally restricted land on waters that are not, in fact, navigable.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 2016 of the Fish and Game Code is amended to read:

2016.

(a) It is unlawful to enter land for the purpose of discharging a firearm or taking or destroying a mammal or bird, including waterfowl, on that land, without having first obtained written permission from the owner, the owner’s agent, or the person in lawful possession of that land, if either of the following is true:

(1) The land belongs to, or is occupied by, another person and is either under cultivation or enclosed by a fence.

(2) There are signs of any size and wording forbidding trespass or hunting or both displayed along all exterior boundaries of the land, at intervals not less than three to the mile, and at all roads and trails entering the land, that fairly advise a person about to enter the land that the use of the land is so restricted.

(b) The restriction in subdivision (a) does not apply to lands inundated by navigable waters temporarily flowing outside the established banks of a river, stream, slough, or other waterway that float a boat, canoe, kayak, or any other watercraft.

(c) Nothing in this section restricts the right of the public to use navigable waters for hunting, fishing, or other public purpose as guaranteed under Section IV of Article X of the California Constitution.

(d) For purposes of this section, navigable waters can include ordinary, seasonal flooding.

(e) Nothing in this section permits entry over legally restricted land, pursuant to subdivision (a), on waters that are not, in fact, navigable.