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.