BILL ANALYSIS
AB 2132
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Date of Hearing: April 1, 2008
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Lois Wolk, Chair
AB 2132 (Houston) - As Amended: March 11, 2008
SUBJECT : Wildlife: Hunting
SUMMARY : Makes it unlawful to remove the collar of a dog with
the intent of preventing or hindering the owner from locating
the dog, modifies requirements for posting of "no trespassing"
signs, and requires the Fish and Game Commission to consider
adopting regulations permitting the use of a dog in recovering
deer during archery season. Specifically, this bill :
1)Makes it unlawful for any person to remove any collar,
including an electronic or radio transmitting collar, from a
dog without the dog owner's permission and with the intent of
preventing or hindering the owner from locating the dog.
2)Requires a court to order any person convicted of violating
this section to pay the owner of any dog lost or killed as a
result of the collar removal the value of the dog as
restitution. Further authorizes the court to also order
payment in restitution of any lost breeding revenues.
3)Revises the signage requirements for purposes of current law
making it unlawful to enter lands posted with signs forbidding
trespass for the purpose of hunting, to require that the signs
be displayed at intervals not less than one per one-third mile
and that the signs be at least 8 by 11 inches in size.
4)Directs the Fish and Game Commission to consider adopting
regulations that permit, during archery season, the use of one
dog per hunter to aid in the recovery of deer.
EXISTING LAW :
1)Makes it unlawful to enter lands posted with signs forbidding
trespassing for the purpose of hunting, without written
permission from the owner, if signs of any size forbidding
trespassing are displayed at intervals not less than three to
the mile along all exterior boundaries and all roads and trail
entrances.
2)Provides for an archery season for the taking of deer with bow
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and arrow as prescribed by the Fish and Game Commission.
Provides that no person taking or attempting to take deer
during archery season shall carry or have under his immediate
control any firearm of any kind.
3)Under Fish and Game regulations, prohibits use of more than
one dog per hunter in an area where the general deer season is
open.
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, the purpose of
this bill is to better protect hunting dogs, reduce the number
of inadvertent trespass violations, and assist hunters with
the recovery of deer.
Hunting Dogs : Information provided by the author indicates that
there have been several cases in other states where members of
the public have removed electronic collars of hunting dogs
while they are in the field in an effort to prevent the owners
of the dogs from locating them. In response, some states have
adopted laws making such action a crime and imposing
penalties, including West Virginia, Virginia, and North
Carolina. This bill would make it unlawful to remove a collar
with the intent of preventing an owner from locating the dog,
and require payment of restitution if the dog is lost.
In addition, current Fish and Game Commission regulations allow
deer hunters during rifle season to use one hunting dog to
assist in hunting. However, this practice is prohibited
during archery season, which results in greater numbers of
un-retrieved deer. This bill would encourage the Fish and
Game Commission, through regulation, to consider allowing the
use of one dog per hunter to aid in the recovery of deer
during the archery season.
No Trespassing Signs : The current law requires hunters to
obtain written permission from landowners to enter private
lands for the purpose of hunting, if the lands are under
cultivation, fenced or posted with signs forbidding trespass,
provided that the signs are displayed at intervals of at least
three to the mile. According to the author, it can be
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difficult for hunters to identify property that is posted,
particularly in the early morning hours, where private lands
are adjacent to public lands, and where the signs are posted
too far apart. This bill seeks to remedy that problem by
requiring that the signs be posted at least one every third
mile, and that the signs be at least 8 by 11 inches in size.
2)Support : The California Outdoor Heritage Alliance asserts
that there have been several recent cases in California as
well as in other states of people removing the collars of
hunting dogs while they are in the field without the owner's
permission, threatening the safety and wellbeing of the dogs.
This bill would adopt language similar to language recently
passed in Virginia making such action a crime. This bill also
seeks to prevent inadvertent trespass by requiring
uncultivated or unfenced lands to be posted with one sign at
least 8 by 11 inches in size every one-third mile along
exterior boundaries so hunters can better identify restricted
lands. The Alliance also believes that archery hunters should
be allowed the use of one dog to assist in recovering deer as
other deer hunters are allowed.
REGISTERED SUPPORT / OPPOSITION :
AB 2132
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Support :
California Outdoor Heritage Alliance (sponsor)
California Deer Association
Delta Waterfowl Foundation
Lower Sherman Island Duck Hunters Association
Mule Deer Foundation
PetPAC
AB 2132
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Opposition: None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096