Amended in Senate June 4, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 789

Introduced by Assembly Member Williams

(Coauthor: Assembly Member Maienschein)

( begin delete Coauthor: Senator end delete begin insert Coauthors: Senators end insert Hill begin insert and Leno end insert )

February 21, 2013

An act to amend Section 4004 of begin insert , and to add Section 54.2 to, end insert 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 bill would revise a prohibition on using a specific type of trap, and 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 54.2 is added to the end insert begin insert Fish and Game Code end insert begin insert ,
to read: end insert

begin insert

begin insert 54.2. end insert   

“Managed wetland area” means an artificially irrigated
and managed wetland habitat administered primarily for the benefit
of waterfowl or other wetland-dependent species.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 begin insert steel-jawed leghold trap, or use any end insert trap with
saw-toothed or spiked jaws.

(b) Use begin delete or sell leghold steel-jawed traps with a spread of 5 end delete begin delete 1⁄2 end delete
begin delete inches or larger without offset jaws. end delete begin insert a body-gripping trap, as
defined in subdivision (a) of Section 3003.1, for the purpose of
recreation or commerce in fur. end insert

begin delete

(c) Use steel-jawed traps larger than size 11⁄2 or with a spread
larger than 47⁄8 inches for taking muskrat.

(d)

end delete

begin insert (c) end insert  Set or maintain traps begin delete which end delete begin insert that end insert 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.

begin delete

(e)

end delete

begin insert (d) end insert  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.

begin delete

(f)

end delete

begin insert (e) end insert  (1) Use a begin delete steel leghold trap with a spread exceeding 7 end delete begin delete 1⁄2 end delete
begin delete inches or end delete conibear 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 conibear
trap that is 10 inches by 10 inches or less may be set in a managed
wetland area.

(2) When any conibear trap is set on publicly owned land or
land expressly open to public use, begin delete there shall be a sign posted
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. end delete begin insert signs shall
be posted at every entrance and exit to the property indicating the
presence of conibear traps and at least four additional signs posted
within a radius of 50 feet of the trap, one in each cardinal
direction, with lettering that is a minimum of three inches high
stating: “Danger! Traps Set For Wildlife. Keep Dogs Out.” Signs
shall be maintained and checked daily. end insert

begin delete

(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.

end delete begin delete

(h) Set or maintain steel leghold traps with a spread of 51⁄2
inches or larger without a tension device.

end delete begin delete

(i)

end delete

begin insert (f) end insert  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
begin delete habitat end delete area for beaver or muskrat or the use of lawfully set colony
traps set in water for muskrat.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.