Amended  IN  Senate  March 07, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 945

Introduced by Senator Laird

February 08, 2022

An act to amend Section 255 395 of the Fish and Game Code, relating to fish and wildlife. falconry.


LEGISLATIVE COUNSEL'S DIGEST


SB 945, as amended, Laird. Fish and Game Commission: regulations: procedures. Falconry: American peregrine falcons.
Existing law authorizes the Fish and Game Commission to adopt regulations for the possession or training, and the capture, importation, exportation, or intrastate transfer, of birds in the orders Falconiformes and Strigiformes (birds-of-prey) used in the practice of falconry. Existing law authorizes the commission to authorize the issuance and provide for the revocation of licenses and permits to persons for the practice of falconry. Existing law also prohibits the taking or possession at any time of fully protected birds, as specified. Existing law designates the American peregrine falcon as a fully protected bird.
This bill would exempt the capture, possession, or training of an American peregrine falcon in the practice of falconry from the prohibitions in the fully protected bird statute.

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, except as provided, and establishes procedures that are specific to regulations adopted by the commission pursuant to this authority. Existing law requires, within 45 days after the commission makes a final decision to adopt, amend, or repeal a regulation, the Department of Fish and Wildlife to publish and distribute the regulation to each county clerk, district attorney, and judge of the superior court in the state.

This bill would extend the deadline for the department to publish and distribute a regulation from 45 days to 60 days after the commission makes a final decision to adopt, amend, or repeal the regulation.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 395 of the Fish and Game Code is amended to read:

395.
 (a) The commission may adopt regulations for the possession or training, and the capture, importation, exportation, or intrastate transfer, of any bird in the orders Falconiformes and Strigiformes(birds-of-prey) Falconiformes and Strigiformes (birds-of-prey) used in the practice of falconry and may authorize the issuance and provide for the revocation of licenses and permits to persons for the practice of falconry.
(b) It is unlawful to capture, possess, or train any bird in the orders Falconiformes Falconiformes and Strigiformes Strigiformes (birds-of-prey) in the practice of falconry without procuring a falconry license.
(c) The capture, possession, and training of an American peregrine falcon in the practice of falconry pursuant to this chapter shall be exempt from the prohibitions in Section 3511.

SECTION 1.Section 255 of the Fish and Game Code is amended to read:
255.

(a)When adopting, amending, or repealing a regulation governed by this article, the commission shall conduct the following steps at separate public meetings:

(1)Approve the submission of a notice of proposed action to the Office of Administrative Law.

(2)Consider public comment on the proposed action. The department shall participate in this process by reviewing and responding to all public comment.

(3)Make a final decision on the proposed action.

(b)The meetings required by this section may be regular or special meetings.

(c)The meetings required by this section shall be duly noticed to the public in accordance with subdivision (c) of Section 110 and the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(d)Within 60 days after the commission makes a final decision to adopt, amend, or repeal a regulation governed by this article, the department shall publish and distribute the regulation to each county clerk, district attorney, and judge of the superior court in the state.