Bill Text: CA AB979 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Hunting or fishing: local regulation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2010-09-28 - Vetoed by Governor. [AB979 Detail]

Download: California-2009-AB979-Amended.html

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BILL NUMBER: AB 979	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2009
	AMENDED IN ASSEMBLY  APRIL 15, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Member Tom Berryhill

                        FEBRUARY 27, 2009

   An act to add Sections 1020 and 1021 to the Fish and Game Code,
relating to fish and game.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 979, as amended, Tom Berryhill. Hunting or fishing: local
regulation.
   The California Constitution provides for the delegation to the
Fish and Game Commission of powers relating to the protection and
propagation of fish and game. Existing statutory law delegates to the
commission the power to regulate the taking or possession of birds,
mammals, fish, amphibia, and reptiles in accordance with prescribed
laws. Under existing law, the Department of Fish and Game exercises
various functions with regard to the taking of fish and game. Under
existing law, a city or county exercises certain limited authority
with regard to the regulation of fish and game for the protection of
public health and safety.
   This bill would provide that the state fully occupies the field of
hunting and fishing  , but permits a city or county to adopt an
ordinance regulating hunting and fishing within its jurisdiction, if
the ordinance is   both necessary for public health and
safety and only incidentally effects the state preemption of the
field of hunting and fishing  . The bill would also provide that
unless otherwise authorized by the Fish and Game Code or other state
or federal law, the commission and the department are the only
entities that may adopt or promulgate regulations regarding the
taking of fish and game on any lands or waters within the state,
except as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1020 is added to the Fish and Game Code, to
read:
   1020.  (a) The Legislature finds and declares all of the
following:
   (1) The California Supreme Court in In re Makings (1927) 200 Cal.
474, determined that Section 251/2 of Article IV of the California
Constitution, as currently set forth in Section 20 of Article IV,
prohibits local governmental entities from regulating, or interfering
with, fish and game matters and places this responsibility with the
Legislature in order to conserve California's fish and wildlife
populations and permit the largest use of fish and game compatible
with the reasonable protection thereof.
   (2) The Fish and Game Commission was established in 1870 to assist
in the science-based management of California's fish and wildlife
resources. The California Constitution permits the Legislature to
delegate to the commission certain powers relating to the management
of fish and game, and the Legislature has delegated to the commission
regulatory powers over the taking and possession of fish and game,
as set forth in this code.
   (3) Hunting and fishing are statistically among the safest outdoor
recreational activities, particularly as they relate to impacts on
the general public, and are already well regulated by the state
through mandatory safety requirements, weapons laws, and regulations
adopted by the commission. Additional local regulation is both
unnecessary and significantly impedes the uniform, science-based
administration of fish and game laws. Hunting and fishing activities
are also compatible with other recreational uses on many public lands
and waters throughout the state.
   (b) In enacting this section and Section 1021, it is the intent of
the Legislature to affirm, subject to applicable state and federal
law, the exclusive legal authority granted to the commission and the
department with regard to the taking and possession of fish and game
and thereby ensure necessary comprehensive statewide control by the
commission and the department over all fish and game matters for
wildlife conservation purposes and the protection of, and access to,
hunting and fishing opportunities for the public.  It is
further the intent of the Legislature to protect public health and
safety in those rare and limited instances where state laws and
regulations have not already provided a reasonable level of public
health and safety by allowing a local ordinance to affect the taking
of fish and game within the territorial jurisdiction of the local
agency, if the ordinance is both necessary to protect public health
and safety and only incidentally affects the state preempted field of
hunting and fishing. The ordinance shall not indiscriminately extend
or apply to any area in which the taking of fish and game may occur
in a manner that does not endanger public health and safety or to any
lands or waters owned or managed by the state or federal government.

  SEC. 2.  Section 1021 is added to the Fish and Game Code, to read:
   1021.  (a)  (1)    The state fully occupies the
field of hunting and fishing pursuant to this code, regulations
adopted by the commission pursuant to this code, and Section 20 of
Article IV of the California Constitution, and all local regulations
are subject to this section. 
   (2) Nothing in this section or Section 1020 precludes a city or
county from adopting an ordinance, in the exercise of its police
powers, within its jurisdictions if the ordinance is both necessary
for public health and safety and only incidentally effects the state
preemption of the field of hunting and fishing. The ordinance shall
not indiscriminately extend or apply to any areas where the taking of
fish and game may occur without endangering public health and safety
nor to any lands or waters owned or managed by the state or federal
government. 
   (b) The commission, the department, or any other governmental
entity legally authorized to affect the taking of fish and game on
navigable waters held in public trust shall, to the extent possible,
ensure that the fishing and hunting rights of the public guaranteed
under Section 25 of Article I of, and Section 4 of Article X of, the
California Constitution, are protected in a manner consistent with
those provisions. 
   (c) 
    (1)  Unless otherwise authorized by this code or other
state or federal law, the commission and the department are the only
entities in this state that shall adopt or promulgate regulations
regarding the taking of fish and game on any lands or waters within
the state.  Nothing 
    (2)     Nothing  in this section or
Section 1020 prohibits a landowner , including a regional park or
open-space district formed pursuant to Article 3 (commencing with
Section 5500) of Chapter 3 of Division 5 of the Public Resources
Code, on land the district owns in fee, leases, manages, or holds an
easement,  or the landowner's designee from restricting the
taking of fish and game  in a manner consistent with state law
 on property in which the landowner has an ownership interest.