| Issue: |
BAN LOCAL HUNTING INTERFERENCE (Berryhill) |
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| Description: |
AB 979, 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 fields
of hunting and fishing. The bill would prohibit a city or county from
adopting an ordinance or regulation that affects hunting or fishing,
unless the ordinance or regulation is both necessary to protect
public health and safety and has only an incidental impact on the
fields 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 shall adopt or promulgate regulations
regarding hunting and fishing on any lands or waters within the
state, except as specified. The bill would apply only to activities
for which a hunting or fishing license is required by the Fish and
Game Code or regulations adopted by the commission.
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| Latest Info: |
09/16/2009 - On 9/4/2009, AB 979 Protection of Hunting was placed on the Senate inactive file,
The bill failed to pass in 2009 but may return in 2010.
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| Action needed: |
Join your local NRA Members' Council |
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