California Assembly Bill AB665 Amended / Bill

 BILL NUMBER: AB 665AMENDED BILL TEXT AMENDED IN SENATE JUNE 2, 2015 AMENDED IN ASSEMBLY APRIL 15, 2015 INTRODUCED BY Assembly Member Frazier  (   Coauthor:   Senator   Berryhill   )  FEBRUARY 24, 2015 An act to amend  Section   Sections 200 and  203.1 of, and to add Sections 200.5 and 200.6 to, the Fish and Game Code, relating to fish and wildlife. LEGISLATIVE COUNSEL'S DIGEST AB 665, as amended, Frazier. Hunting or fishing: local regulation. (1) 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 Wildlife exercises various functions with regard to the taking of fish and game. Under existing law, a city or county has no authority to regulate fish and game except that a city or county may adopt an ordinance that incidentally affects fishing and hunting for the protection of public health and safety. This bill would provide that the state fully occupies the field of the taking and possession of fish and game. The bill would provide that unless otherwise authorized by the Fish and Game Code, other state law, or federal law, the commission and the department are the only entities that may adopt or promulgate regulations regarding the taking or possession of fish and game on any lands or waters within the state. (2) Existing law requires the commission, when adopting certain regulations relating to the  take   taking or possession  of resident game birds, game mammals, and fur-bearing mammals, to consider populations, habitat, food supplies, the welfare of individual animals, and other pertinent facts and testimony. This bill would require the commission to consider these factors when adopting certain regulations relating to the  take   taking or possession  of fish, amphibians, and reptiles. The bill would also require the commission to consider public health and safety when adopting these regulations. 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 200 of the   Fish and Game Code   is amended to read:  200.  (a)    There is hereby delegated to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibia, and reptiles  for purposes that include, but are not limited to, public health and safety,  to the extent and in the manner prescribed in this article.  No   (b)     No  power is delegated to the commission by this article to regulate the taking, possessing, processing, or use of fish, amphibia, kelp, or other aquatic plants for commercial purposes, and no provision of this code relating or applying thereto, nor any regulation of the commission made pursuant to  such provision,   these provisions,  shall be affected by this article or any regulation made under this article.  SECTION 1.   SEC. 2.  Section 200.5 is added to the Fish and Game Code, to read: 200.5. (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 25 1/2 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 in any manner and places this responsibility with the Legislature in order to conserve California's fish and wildlife and permit the greatest use of fish and game resources compatible with the reasonable protection thereof. (2) The commission was established in 1870 to assist in the scientific, evidence-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, and are already well regulated by the state through  means that include, but are not limited to,  mandatory safety and education requirements,  firearms   weapons discharge  laws, and regulations adopted by the commission. Additional local regulation  would be unnecessary,  would impede the proper administration of state fish and game  laws   laws,  and would create significant enforcement issues. 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 200.6, it is the intent of the Legislature to affirm, subject to applicable 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 statewide control by the commission and the department over fish and game matters for wildlife conservation  purposes and   purposes,  the protection of, and access to, hunting and fishing opportunities for the  public.   public, and for public health and safety purposes.   SEC. 2.   SEC. 3.  Section 200.6 is added to the Fish and Game Code, to read: 200.6. (a) The state fully occupies the field of the taking and possession of fish and game 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.   section and Section 200.5.  (b) The commission, the department, or any other governmental entity legally authorized to affect hunting and fishing on navigable waters held in public trust shall ensure that the fishing and hunting rights of the public guaranteed under Section 25 of Article I and Section 4 of Article X of the California Constitution are protected in a manner consistent with those provisions. (c) (1) Unless expressly authorized by this code, other state law, or federal law, the commission and the department are the only entities in the state that may adopt or promulgate regulations regarding the taking or possession of fish and game on any lands or waters within the state. (2) Nothing in this section or Section 200.5 prohibits a public or private landowner, or the landowner's designee, from controlling public access or public use, including hunting or fishing, on property that the landowner owns in fee, leases, holds an easement upon, or is otherwise expressly authorized to control for those purposes in a manner consistent with state law. (3) This section applies only to activities for which a hunting or fishing license or a depredation permit is required by this code or regulations adopted by the  commission.   commission, and to activities carried out by an employee or agent of the department as part of his or her official duties. Nothing in this section shall be construed to diminish or affect existing legal protections for fish and game-related management, recreation, or other activities not specifically mentioned in this section.   SEC. 3.   SEC. 4.  Section 203.1 of the Fish and Game Code is amended to read: 203.1. When adopting regulations pursuant to Section 203 or 205, the commission shall consider populations, habitat, food supplies, the welfare of individual animals, public health and safety, and other pertinent facts and testimony.