BILL NUMBER: AB 789	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 21, 2013

   An act to amend Section 4004 of the Fish and Game Code, relating
to trapping.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 789, as introduced, Williams. Trapping.
   Existing law, except as expressly provided, makes any violation of
the Fish and Game Code, or any rule, regulation, or order made or
adopted under that code, a misdemeanor. Existing law makes certain
actions relating to trapping unlawful.
   The bill also would make it unlawful to kill any trapped mammal by
listed methods. By specifying these new Fish and Game Code
violations, thereby defining new crimes, this bill would impose a
state-mandated local program.
    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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4004 of the Fish and Game Code is amended to
read:
   4004.  It is unlawful to do any of the following:
   (a) Use a trap with saw-toothed or spiked jaws.
   (b) Use or sell leghold steel-jawed traps with a spread of 51/2
inches or larger without offset jaws.
   (c) Use steel-jawed traps larger than size 11/2 or with a spread
larger than 47/8 inches for taking muskrat.
   (d) Set or maintain traps which do not bear a number or other
identifying mark registered to the department or, in the case of a
federal, state, county, or city agency, bear the name of that agency,
except that traps set pursuant to Section 4152 or 4180 shall bear an
identifying mark in a manner specified by the department. No
registration fee shall be charged pursuant to this subdivision.
   (e) Fail to visit and remove all animals from traps at least once
daily. If the trapping is done pursuant to Section 4152 or 4180, 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.

   (f)  (1)    Use a steel leghold trap with a
spread exceeding 71/2 inches or  conibear  killer-type trap
 of the conibear type  that is larger than 
10 inches by 10 inches   6 inches by 6 inches, unless
partially or wholly submerged in water. Unless prohibited by the
department as a permit condition, a lawfully set conibear killer-type
  trap that is 10 inches by 10 inches or less may be set in
a managed wetland area  . 
   (2) Any killer-type trap set on publicly owned land or land
expressly open to public use shall be posted with a sign containing
the following language in lettering that is a minimum of three inches
high and visible from a distance of 100 feet: Danger! Keep Dogs Out!
Lethal Traps Set for Wildlife. 
   (g) Set or maintain steel leghold traps within 30 feet of bait
placed in a manner or position so that it may be seen by any soaring
bird. As used in this subdivision, "bait" includes any bait composed
of mammal, bird, or fish flesh, fur, hide, entrails, or feathers.
   (h) Set or maintain steel leghold traps with a spread of 51/2
inches or larger without a tension device. 
   (i) Kill any trapped mammal in accordance with this section by
intentional drowning, injection with any chemical not sold for the
purpose of euthanizing animals, or thoracic compression, commonly
known as chest crushing. This subdivision shall not be construed to
prohibit the use of lawfully set conibear traps set partially or
wholly submerged in water or set in a managed wetland habitat area
for beaver or muskrat or the use of lawfully set colony traps set in
water for muskrat. 
  SEC. 2.  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.