Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 789


Introduced by Assembly Member Williams

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(Coauthor: Assembly Member Maienschein)

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(Coauthor: Senator Hill)

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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 amended, 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 billbegin delete alsoend deletebegin insert would revise a prohibition on using a specific type of trap, andend insert 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.

begin deleteend deleteThe 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 512 inches or larger without offset jaws.

(c) Use steel-jawed traps larger than size 112 or with a spread larger than 478 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 712 inches or conibearbegin delete killer-typeend delete trap that is larger than 6 inches by 6 inches, unless partially or wholly submerged in water. Unless prohibited by the department as a permit condition, a lawfully set conibearbegin delete killer-typeend delete trap that is 10 inches by 10 inches or less may be set in a managed wetland area.

(2) begin deleteAny killer-type end deletebegin insertWhen any conibear end inserttrapbegin insert isend insert set on publicly owned land or land expressly open to public usebegin insert, thereend insert shall bebegin insert a signend insert postedbegin delete with a signend delete 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 512 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.

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SEC. 2.  

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.



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