BILL ANALYSIS Ó SB 1221 Page 1 Date of Hearing: August 8, 2012 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair SB 1221 (Lieu) - As Amended: March 26, 2012 Policy Committee: Water, Parks and Wildlife Vote: 8-4 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill prohibits the use of dogs in hunting bear and bobcats. The prohibition does not apply to the use of dogs to pursue bears or bobcats by federal, state, or local law enforcement officers, or their agents or employees, when carrying out official duties. FISCAL EFFECT 1)Potential revenue loss of an unknown amount, likely in the range of $150,000 annually (special fund). The Department of Fish and Game (DFG) estimates that hound hunters purchase 5,700 bear tags annually. If none of these hunters purchased bear tags, currently priced at $42 for state residents and $270 for nonresidents, following the ban on hound hunting of bear proposed by this bill, then DFG would experience a revenue loss of approximately $228,000 annually. However, it is reasonable to assume that some portion of those who currently hunt bear with dogs will continue to hunt bear, and buy bear tags, following a ban. Indeed, some states report an increase of bear tag sales following banning the use of dogs for bear hunting. DFG reports not having reliable data on the take of bobcats through the use of hounds, but that annual bobcat take sales total approximately 3,500 ($15 per tag) and bring in revenue of about $54,000. Like bear tag sales, bobcat tag sales may drop somewhat following a ban on the use of dogs. However, because bobcat fur is a valuable commodity, there will remain an external economic incentive to hunt bobcat, so the negative SB 1221 Page 2 effect on DFG revenue should be less pronounced that the effect from decreased bear tag sales.) 2)One-time costs of approximately $25,000 to DFG and the Fish and Game Commission (FGC) to revise hunting regulations in keeping with this bill (special fund). COMMENTS 1)Rationale . Supporters argue that using dogs to hunt bear and bobcats is inhumane, in that it places inordinate stress upon prey animals and dogs; and unsporting, in that the brunt of the challenge of the hunt falls upon the pack of dogs pursuing the bear or bobcat, not the human hunter. Supporters further note that hunting bear and bobcat with dogs often violates several other provisions of law, including the requirement that a hunter maintain physical control over his or her dog, the prohibition against a person knowingly placing a dog in a situation to fight another animal, specifically including bears, and the prohibition against the harassment and harm of female bears and cubs. 2)Background. Hunting with dogs is an ancient practice that has been allowed in California since the inception of statehood. Current, state law allows hunters to use dogs to hunt raccoon, beaver, badger, muskrat, bears, deer, wild pigs, rabbits, tree squirrels, and nongame mammals defined as all mammals occurring naturally in California that are not game mammals, fully protected mammals, or fur-bearing mammals. Today, thirty-two states allow bear hunting; 18 states allow hunting bears with dogs and 14 states prohibit the use of dogs for bear hunting. In California, bear hunting is regulated by the Fish and Game Commission and administered by DFG. To legally hunt bear in California, a person must obtain a tag from DFG, which currently costs $42 for state residents and $270 for nonresidents. Fish and Game Commission regulation limits bear hunting to one adult bear per season and prohibits the harm or harassment of bear cubs and females accompanied by cubs may not be taken. Hunters may use one dog to hunt bear during open deer season and an unlimited amount of dogs during open bear season, except during bear archery season or regular open deer seasons. Upon killing a bear, a hunter must surrender his or her bear tag to DFG. Bear season opens the day the deer SB 1221 Page 3 season opens and continues through December or until 1,700 bears have been taken, whichever occurs first. DFG reports that roughly 50% of bears are killed through hunting with the use of dogs. California bear populations are generally considered healthy and growing, though population counts are disputed. For 2010, DFG estimates the state's black bear population at 26,500. However, acknowledges its estimate may be off by as much as 27%, putting the range of the black bear population between 8,500 and 33,000. DFG notes that recreational bear hunting is not part of the state's bear population management program. Similarly, a person seeking to hunt bobcat is required to obtain a tag from DFG, which currently costs $15 each. Dogs may be used to hunt bobcat, which is considered a nongame species sought primarily for its pelt. In the 2010 - 2011 season, DFG issued 4,500 bobcat tags, 1,195 animals were taken, 18% of them with the use of dogs. 3)Support. This bill is supported by the Humane Society (sponsor) and a long list of animal welfare organizations. Supporters contend the use of dogs to hunt bears and bobcats is inhumane and unsporting and conflicts with state laws that require hunters, and others, to maintain control of their dogs at all times. 4)Opposition. This bill is opposed by numerous hunting and outdoorsmen's groups who contend hunting bear and bobcat with dog is a traditional practice with deep roots; that those who engage in such hunting have a profound emotional attachment to the practice, their dogs, and the environment; hound hunting of bear keeps bear populations in check, as well as many other arguments. Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081