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



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AB1046:v98#DOCUMENT

Amended  IN  Assembly  April 13, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1046

Introduced  by  Assembly Member Bill Berryhill
HaldermanJones (Coauthor(s): Assembly Member Jones, Olsen)

February 18, 2011

An act to amend Sections 200 and 703 of the Fish and Game Code, relating to game hunting.


LEGISLATIVE COUNSEL'S DIGEST


AB 1046, as amended, Bill Berryhill. Hunting or taking game.
The California Constitution establishes the Fish and Game Commission and provides for the delegation to the 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, amphibians, and reptiles in accordance with prescribed laws. Existing law excepts from that statutory delegation the power to regulate the taking, possessing, processing, or use of fish, amphibia, kelp, or other aquatic plants for commercial purposes.
This bill would also except from that statutory delegation the power to impose an absolute, statewide, and permanent prohibition on hunting or taking game. The bill would not prohibit the commission, in accordance with the California Constitution, from imposing conditions necessary for the protection and propagation of game.
Existing law establishes the Department of Fish and Game in the Natural Resources Agency, and generally charges the department with the administration and enforcement of the Fish and Game Code. Existing law requires the commission to formulate general policies for the conduct of the department. Existing law requires the Director of Fish and Game to be guided by those policies and requires the director to be responsible to the commission for the administration of the department in accordance with those policies.
This bill would prohibit the policies of the department from including an absolute, statewide, and permanent prohibition on hunting or taking game.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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, amphibians, and reptiles to the extent and in the manner prescribed in this article.
(b) 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, 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.
(c) 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) The commission shall formulate general policies for the conduct of the 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.
(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.