Amended in Senate June 18, 2013

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)

(Coauthors: Senators Hill and Leno)

February 21, 2013

An act to amend Section 4004 begin delete of, and to add Section 54.2 to, end delete begin insert of 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 delete

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.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. 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 steel-jawed leghold trap, or use any trap with
saw-toothed or spiked jaws.

(b) Use a body-gripping trap, as defined in subdivision (a) of
Section 3003.1, for the purpose of recreation or commerce in fur.

(c) Set or maintain traps 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.

(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.

(e)  begin delete (1) end delete begin delete   end delete Use a 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 begin delete in
a managed wetland area. end delete begin insert pursuant to subdivision (g) of Section
465.5 of Title 14 of the California Code of Regulations. end insert

begin delete

(2)

end delete

begin insert (f) end insert  When any conibear trap is set on publicly owned land or land
expressly open to public use, begin delete signs shall be posted end delete begin insert fail to post signs end insert
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 begin delete Dogs end delete Out.” Signs shall be maintained
and checked daily.

begin delete

(f)

end delete

begin insert (g) 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 begin delete or set in a managed wetland
area end delete for beaver or muskrat or the use of lawfully set colony traps
set in water for muskrat.

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