BILL NUMBER: AB 789	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 18, 2013
	AMENDED IN SENATE  JUNE 4, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

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

                        FEBRUARY 21, 2013

   An act to amend Section 4004  of, and to add Section 54.2
to,   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 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. 
   SEC. 2.   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 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)  (1)    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  in a managed wetland area.
  pursuant to subdivision (g) of Section 465.5 of Title
14 of the California Code of Regulations.  
   (2) 
    (f)  When any conibear trap is set on publicly owned
land or land expressly open to public use,  signs shall be
posted   fail to post signs  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. 
   (f) 
    (g)  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 area  for beaver or muskrat or the use of lawfully
set colony traps set in water for muskrat.
   SEC. 3.   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.