BILL NUMBER: SB 1645 CHAPTERED 09/15/02 CHAPTER 571 FILED WITH SECRETARY OF STATE SEPTEMBER 15, 2002 APPROVED BY GOVERNOR SEPTEMBER 14, 2002 PASSED THE SENATE AUGUST 26, 2002 PASSED THE ASSEMBLY AUGUST 21, 2002 AMENDED IN ASSEMBLY AUGUST 19, 2002 AMENDED IN ASSEMBLY JUNE 10, 2002 AMENDED IN SENATE MAY 20, 2002 AMENDED IN SENATE APRIL 16, 2002 AMENDED IN SENATE APRIL 2, 2002 INTRODUCED BY Senator Sher FEBRUARY 21, 2002 An act to amend Sections 4005, 4152, and 4180 of the Fish and Game Code, relating to trapping, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 1645, Sher. Trapping animals. (1) Under existing law, a person who takes fur-bearing mammals or nongame mammals by means of a trap, or who sells furs of those mammals, is required to obtain a trapping license from the Department of Fish and Game, except persons taking mammals injurious to growing crops or other property. Existing law authorizes the taking, in accordance with the Fish and Game Code, of nongame mammals and black-tailed jackrabbits, muskrats, and red fox squirrels that are found to be injuring growing crops or other property. Existing law also authorizes the taking, in accordance with the Fish and Game Code, of fur-bearing mammals that are injuring property. This bill would prohibit the sale of raw furs taken under those provisions and also would prohibit raw furs taken by persons providing trapping services for profit from being sold. The bill also would specify that persons taking the mammals described in the preceding paragraph are not required to procure a trapping license, except when providing trapping services for profit. Because a violation of the trapping license requirement is a crime and a violation of the provisions against the sale of raw furs would be a crime under existing law, the bill would impose a state-mandated local program by expanding the definition of a crime and creating a crime. (2) The bill would require additional persons to obtain trapping licenses, for which a fee is required. Because the fees are required by other provisions of law to be deposited in the Fish and Game Preservation Fund, a continuously appropriated fund, the bill would make an appropriation. (3) 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. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4005 of the Fish and Game Code is amended to read: 4005. (a) Except as otherwise provided in this section, every person, other than a fur dealer, who traps fur-bearing mammals or nongame mammals, designated by the commission or who sells raw furs of those mammals, shall procure a trapping license. "Raw fur" means any fur, pelt, or skin that has not been tanned or cured, except that salt-cured or sun-cured pelts are raw furs. (b) The department shall develop standards that are necessary to ensure the competence and proficiency of applicants for a trapping license. No person shall be issued a license until he or she has passed a test of his or her knowledge and skill in this field. (c) Persons trapping mammals in accordance with Section 4152 or 4180 are not required to procure a trapping license except when providing trapping services for profit. (d) No raw furs taken by persons providing trapping services for profit may be sold. (e) Officers or employees of federal, county, or city agencies or the department, when acting in their official capacities, or officers or employees of the Department of Food and Agriculture when acting pursuant to the Food and Agricultural Code pertaining to pests or pursuant to Article 6 (commencing with Section 6021) of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code, are exempt from the license requirement of this section. SEC. 2. Section 4152 of the Fish and Game Code is amended to read: 4152. Except as provided in Section 4005, nongame mammals and black-tailed jackrabbits, muskrats, and red fox squirrels that are found to be injuring growing crops or other property may be taken at any time or in any manner in accordance with this code by the owner or tenant of the premises or employees thereof, except that if leghold steel-jawed traps are used to take those mammals, the traps and the use thereof shall be in accordance with subdivisions (a), (b), and (d) of Section 4004. They may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city, officers or employees when acting in their official capacities pursuant to the provisions of the Food and Agricultural Code pertaining to pests, or pursuant to Article 6 (commencing with Section 6021) of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code. Persons taking mammals in accordance with this section are exempt from the requirements of Section 3007. Raw furs, as defined in Section 4005, that are taken under this section, may not be sold. Traps used pursuant to this section shall be inspected and all animals in the trap shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set or an agent of either. SEC. 3. Section 4180 of the Fish and Game Code is amended to read: 4180. Except as provided for in Section 4005, fur-bearing mammals that are injuring property may be taken at any time and in any manner in accordance with this code, except that if leghold steel-jawed traps are used to take those mammals, the traps and the use thereof shall be in accordance with subdivisions (a), (b), and (d) of Section 4004. Raw furs, as defined in Section 4005, that are taken under this section, may not be sold. Traps used pursuant to this section shall be inspected and all animals in the trap shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set or an agent of either. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.