BILL NUMBER: AB 789	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 4, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Williams
   (Coauthor: Assembly Member Maienschein)
   (  Coauthor:   Senator  
Hill   Coauthors:   Senators   Hill
  and Leno  )

                        FEBRUARY 21, 2013

   An act to amend Section 4004 of  , and to add Section 54.2 to,
 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:

   SECTION 1.    Section 54.2 is added to the  
Fish and Game Code  , to read:  
   54.2.  "Managed wetland area" means an artificially irrigated and
managed wetland habitat administered primarily for the benefit of
waterfowl or other wetland-dependent species. 
   SECTION 1.   SEC. 2.   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  steel-jawed leghold trap, or use any  trap
with saw-toothed or spiked jaws.
   (b) Use  or sell leghold steel-jawed traps with a spread
of 5   1/2   inches or larger
without offset jaws.   a body-gripping trap, as defined
in subdivision (a) of Section 3003.1, for the purpose of recreation
or commerce in fur.  
   (c) Use steel-jawed traps larger than size 11/2 or with a spread
larger than 47/8 inches for taking muskrat.  
   (d) 
    (c)  Set or maintain traps  which  
that  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) 
    (d)  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) 
    (e)  (1) Use a  steel leghold trap with a spread
exceeding 7   1/2   inches or
 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,  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.   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.  
   (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) 
    (f)  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.   SEC. 3.   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.