BILL ANALYSIS Ó SB 1221 Page 1 SENATE THIRD READING SB 1221 (Lieu) As Amended August 20, 2012 Majority vote SENATE VOTE :22 - 15 WATER, PARKS, & WILDLIFE 8 - 4 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Huffman, Blumenfield, |Ayes:|Gatto, Blumenfield, | | |Campos, Fong, Gatto, | |Bradford, | | |Hueso, Lara, Yamada | |Charles Calderon, Campos, | | | | |Davis, Fuentes, Hall, | | | | |Hill, Cedillo, Mitchell, | | | | |Solorio | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Halderman, Bill |Nays:|Harkey, Donnelly, | | |Berryhill, | |Nielsen, Norby, Wagner | | |Beth Gaines, Jones | | | | | | | | ----------------------------------------------------------------- SUMMARY : This bill prohibits the use of dogs to pursue bears and bobcats except as permitted by a depredation permit or scientific research permit issued by the Department of Fish and Game (DFG) or where the pursuit occurs by a dog that is guarding crops or livestock. For remaining hounding activities, the bill would allow, but not require, the California Fish and Game Commission (FGC) to establish a hound tag program. EXISTING LAW: 1)Allows a hunter with a bear tag to use an unlimited number of dogs to pursue a bear during open bear season, once deer season closes. During deer season dogs are limited to 1 per hunter. 2)Allows a hunter with a bobcat tag to use dogs to pursue bobcat, which is considered a nongame species. 3)Prohibits a person from allowing any dog to pursue any big game mammal during closed season on that mammal, any fully protected, rare or endangered mammal at any time, any mammal SB 1221 Page 2 in a game refuge or ecological reserve if hunting within that reserve is unlawful and authorizes employees of DFG to capture or dispatch (meaning kill) any uncontrolled dog that is inflicting injury or immediately threatening to inflict injury in violation of these prohibitions. FISCAL EFFECT : According to Assembly Appropriations Committee, this bill could result in potential lost revenues of an unknown amount, likely in the range of $150,000 annually from decreased bear tag sales (special fund) and one-time costs of approximately $25,000 to DFG and the FGC to revise hunting regulations in keeping with this bill (special fund). The staff analysis also advises there could be potential costs of an unknown amount, likely in the tens of thousands of dollars, to FGC to develop and implement a hound tag program (special funds) and potential costs of an unknown amount, likely in the tens of thousands of dollars, to DFG issue depredation or research permits that allow the use of dogs to pursue bears or bobcats (special funds). However, both of these costs should be fully covered by revenues. COMMENTS : The current practice of using dogs to hunt bear and bobcat consists of setting packs of hounds loose that are specially bred and trained to chase after a fleeing animal while baying and barking to provide its location. Typically, the dogs are fitted with radio collars so that when they are no longer within the field of vision or hearing of the hunters they can be located remotely. An animal that is being chased may run for a short distance or cover many miles as it attempts to escape. In 2 separate studies, scientists noted an average chase length of 3.2 hours with some chases lasting as long as 12 hours and covering 18 miles. If the dogs tree the animal during the chase, the hunter or hunters are then able to catch up and shoot it out of the tree or they can abandon it. The use of dogs to hunt bear and bobcat is a recreational pursuit and not a DFG population management tool for either bears or bobcats. Of the 32 states that allow bear hunting, 18 permit the use of dogs and 14 (including Colorado, Oregon, Montana, Washington, and Wyoming) expressly prohibit it. Supporters argue that the use of hounds during the hunting of bears and bobcats is unnecessary and cruel because the hounds can attack the bear or bobcat or it may turn upon the hounds, SB 1221 Page 3 resulting in potential injury to both. Supporters also state that the failure of hound hunters to have physical control over their dogs, which are sometimes many miles away, puts nontarget species, including threatened and endangered species, at collateral risk for injury and disease from exposure to dogs, their urine and feces. Supporters state that the practice of hunting bears and bobcats with hounds is unsporting, inhumane, and inconsistent with protecting animal welfare, wildlife and natural resources. Opponents of this bill argue that using their dogs to pursue bears and bobcats is a valued tradition and a way of life for them and that their dogs are prized athletes that are well trained and treated. They also assert that hounding helps with bear and bobcat population management, public safety, and protection of property, livestock, and apiaries. Opponents argue that the use of dogs is more humane that other types of hunting as it allows for catch and release of animals. Opponents add that the hounding restrictions in this bill will result in lost revenues to DFG and local economies. This legislation does not ban bear or bobcat hunting, only the use of dogs when hunting bear and bobcat. In addition, the use of dogs to hunt other fur-bearing mammals including raccoons, possum, boars and squirrels would remain unaffected as would the use of dogs for bird hunting. Consistent with four of the five amendments that were discussed and approved in the Assembly Water, Parks and Wildlife Committee (AWPWC), this bill was amended in the Assembly Appropriations Committee (AAC) to allow the use of hounds to carry out specified depredation permits for bear or bobcat; to allow the use of hounds in support of scientific research on the sustainability and survival of bear or bobcat populations and healthy ecosystems; to exempt dogs that are guarding or protecting their owner's livestock or crops; and to allow, but not require, the FGC to establish a hound tag program. Notably, the AAC excluded the fifth AWPWC-approved provision that would allow the FGC, on a 4/5 vote, and subject to specific requirements, to revisit the ban. See the AWPWC analysis for more detailed information. Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916) 319-2096 SB 1221 Page 4 FN: 0005156