Today's Law As Amended

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AB-1046 Hunting or taking game.(2011-2012)



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, amphibians, and reptiles. reptiles to the extent and in the manner prescribed in this article. 
(b) No power is delegated to the commission by this section to regulate either of the following:
(1)  (b)  The  No power is delegated to the commission by this article to regulate the  taking, possessing, processing, or use of fish, amphibians, kelp, or other aquatic plants for commercial purposes. purposes, and no provision of this code relating or applying thereto, nor any regulation of the commission made pursuant to that provision, shall be affected by this article or any regulation made under this article. 
(2) The taking or possession of a spike buck or spotted fawn. “Spotted fawn” means a deer one year of age or less that has spotted pelage. “Spike buck” means a male deer with unbranched antlers on both sides that are more than three inches in length.
(c) This section and any regulations adopted pursuant to this section have no effect on any provision of this code or any regulation adopted pursuant to this code that relates to a matter described in paragraph (1) of subdivision (b). No power is delegated to the commission by this article to impose an absolute, statewide, and permanent prohibition on hunting or taking game. This subdivision does not prohibit the commission, in accordance with Section 20 of Article IV of the California Constitution, from imposing conditions necessary for the protection and propagation of game. 

SEC. 2.

 Section 703 of the Fish and Game Code is amended to read:

703.
 (a) General  The commission shall formulate general  policies for the conduct of the department shall be formulated by the commission.  department.  The director shall be guided by those policies and shall be responsible to the commission for the administration of the department in accordance with those policies.
(b) The policies of the department shall not include an absolute, statewide, and permanent prohibition on hunting or taking game.
(b)  (c)  The department shall respond to requests from the Department of Forestry and Fire Protection, acting as the lead agency for the review of timber harvesting plans, within the time period required under Section 4582.6 of the Public Resources Code, unless additional time is granted by the Department of Forestry and Fire Protection. The department shall include specific comments or recommendations, or both, on any significant environmental issues raised by the proposed timber harvesting plan in its area of jurisdiction, including any proposed mitigation measures. The department shall also identify its statutory authority for any requests or recommendations for mitigation that it may determine to be necessary. If the department has no comment to make on the proposed timber harvesting plan, it is not required to submit a response.