BILL NUMBER: AB 789	CHAPTERED
	BILL TEXT

	CHAPTER  155
	FILED WITH SECRETARY OF STATE  AUGUST 26, 2013
	APPROVED BY GOVERNOR  AUGUST 26, 2013
	PASSED THE SENATE  JULY 8, 2013
	PASSED THE ASSEMBLY  AUGUST 8, 2013
	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 the Fish and Game Code, relating
to trapping.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 789, 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.


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 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) 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 pursuant to
subdivision (g) of Section 465.5 of Title 14 of the California Code
of Regulations.
   (f) When any conibear trap is set on publicly owned land or land
expressly open to public use, 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 Out." Signs shall be maintained and checked daily.
   (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 for beaver or muskrat or the use of
lawfully set colony traps set in water for muskrat.
  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.