SB 234: Fishing: local regulation: report.

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, 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 game. Under existing law, a city or county has no authority to regulate fish and game except that a city or county may adopt an ordinance that incidentally affects fishing and hunting for the protection of public health and safety.

This bill would prohibit a local agency from adopting or enforcing an ordinance to regulate fishing and would provide that this provision is declaratory of existing law. The bill would authorize any person to bring an action against a local agency for a violation of this prohibition. The bill would require the court to award attorneys fees to a party who prevails in an action and would authorize a court to award damages, including punitive damages for a knowing violation, to an aggrieved party. require the Fish and Game Commission to undertake a survey and evaluation of local ordinances that regulate fishing and to submit the survey and evaluation to the Legislature in a report by December 31, 2018.