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 18, 2009
	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  . The bill would provide that
nothing in the bill would preclude  a city or county to adopt
 from adopting  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   or
regulation within its territorial jurisdiction that indirectly
impacts the taking of fish and game, if the ordinance or regulation
is both necessary for public health and safety and only indirectly
impacts the field of hunting and fishing preempted by state law 
. 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.
  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  ordinances and  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 
 or regulation within its territorial jurisdiction that
indirectly impacts the taking of fish and game, if the ordinance or
regulation is both necessary for public health and safety and only
indirectly impacts the field of hunting and fishing preempted by
state law  . 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. 
   (1) 
    (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.
   (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  in
 , 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.