SB 1191

Bill Subjects

Abstract

The California Constitution provides for the delegation to the Fish and Game Commission 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. Under existing law, the Department of Fish and Wildlife exercises various functions with regard to the taking of fish and wildlife. Under existing law, a violation of the Fish and Game Code or of any rule, regulation, or order made or adopted under the code is a crime. Existing law, enacted as part of the Marine Life Management Act of 1998, generally establishes a comprehensive plan for the management of marine life resources. Existing law requires the Department of Fish and Wildlife to develop, and submit to the Fish and Game Commission for its approval, a fishery management master plan, and provides for the preparation and approval of fishery management plans, which form the primary basis for managing California's sport and commercial marine fisheries. Existing law authorizes regulations that the commission adopts to implement a fishery management plan or plan amendment for that fishery to make inoperative, in regard to that fishery, any fishery management statute that applies to that fishery. This bill would establish a similar process for the management of wildlife resources on land and the inland waters of the state. The bill would require the department to develop and submit, on or before September 1, 2018, to the Fish and Game Commission for its approval, a wildlife resources master plan, but would provide for the preparation and approval of wildlife management plans by the department, which would form the primary basis for managing these wildlife resources. The bill would authorize regulations that the department adopts to implement a wildlife management plan or amendment to make inoperative, in regard to the resource, any wildlife management statute that applies to the resource. Because a violation of a regulation adopted by the department would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.