AB 1046

Bill Subjects

Abstract

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.