Today's Law As Amended


PDF |Add To My Favorites | print page

AB-665 Hunting or fishing: local regulation. (2015-2016)



As Amends the Law Today


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. 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. 
(b) No power is delegated to the commission by this section article  to regulate either of the following: 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 these provisions, shall be affected by this article or any regulation made under this article. 
(1) The taking, possessing, processing, or use of fish, amphibians, kelp, or other aquatic plants for commercial purposes.
(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).

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 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, discharge laws for firearms used to take wildlife, and regulations adopted by the commission. Additional local regulation would be unnecessary, would impede the proper administration of state fish and game 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, the protection of, and access to, hunting and fishing opportunities for the public, and for public health and safety purposes.
(c) It is the intent of the Legislature to expressly preempt local ordinances regarding the taking or possession of fish and game, as provided in Section 200.6.
(d) It is the intent of the Legislature that local governments pursue requests for regulation of hunting, fishing, and depredation permits pursuant to Section 207.

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 regarding the taking and possession of fish and game are subject to this section.
(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 recreation 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 prohibits a public or private landowner, or the landowner’s designee, from controlling access or 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. However, nothing in this section abridges the public’s rights of navigation, fishing, hunting, or other recreation on waters of the state (see Bohn v. Albertson (1951) 107 Cal.App.2d 738; People ex rel. Baker v. Mack (1971) 19 Cal.App.3d 1040; and 68 Ops.Cal.Atty.Gen. 268 (1985)).
(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, 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. 4.

 Section 203.1 of the Fish and Game Code is amended to read:

203.1.
 When adopting regulations pursuant to Section 203,  203 or 205,  the commission shall consider populations, habitat, food supplies, the welfare of individual animals, and  public health and safety, and  other pertinent facts and testimony.

SEC. 5.

 Section 3004 of the Fish and Game Code is amended to read:

3004.
 (a) It is unlawful for a person, other than the owner, person in possession of the premises, or a person having the express permission of the owner or person in possession of the premises, while within 150 yards of an occupied dwelling house, residence, or other building, or within 150 yards of a barn or other outbuilding used in connection with an occupied dwelling house, residence, or other building, to either hunt or discharge a firearm or other deadly weapon while hunting. The 150-yard area is a “safety zone.”
(b) It is unlawful for a person to intentionally discharge a firearm or release an arrow or crossbow bolt over or across a public road or other established way open to the public in an unsafe and reckless  manner.
SEC. 6.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.