BILL ANALYSIS Ó
AB 789
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Date of Hearing: April 2, 2013
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Anthony Rendon, Chair
AB 789 (Williams) - As Amended: March 21, 2013
SUBJECT : Trapping
SUMMARY : Limits the size of body crushing traps in order to
prevent the killing of dogs and other non-target wildlife,
requires warning signs, and prohibits specified methods of
euthanizing animals. Specifically, this bill :
1) Reduces from 10 inches by 10 inches to 6 inches by 6 inches
the maximum size of conibear traps (spring-loaded
body-crushing traps without teeth) that may be used to kill
mammals, except where they are submerged, partially
submerged, or set in a managed wetland.
2) On publicly owned land or land that is expressly open to the
public, requires a sign warning that dogs should be kept away
from areas where conibear traps are set.
3) Prohibits killing any trapped mammal by intentional
drowning, injection with any chemical not sold for the
purpose of euthanizing animals or thoracic compression (i.e.
chest crushing), other than by lawfully-set conibear traps.
EXISTING LAW : Limits conibear traps to 10 x 10 inches.
Conibear traps are illegal for fur trappers to use but nuisance
wildlife trappers may use them. Conibear traps come in a variety
of sizes and have a square frame with two rotating jaws. Larger
versions typically have two springs.
FISCAL EFFECT : Unknown
COMMENTS : April 29, 2012, the Sacramento Bee newspaper began a
three-part series on the USDA Wildlife Services (Wildlife
Services) entitled "The Killing Agency." The point of the
Sacramento Bee article was that many of the methods used by
Wildlife Services are indiscriminate, such as setting out traps.
In particular, the article stated that "body grip" traps like
the conibear, that are used mostly to catch beaver, "snap
together with extreme force and are designed to kill quickly by
drowning or crushing. Non-target victims include raccoons,
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skunks, dogs, and dozens of wetland species from river otters to
wood ducks to snapping turtles."
Many states have limited the size of conibear-type traps in
order to prevent the killing of non-target species, including
domestic pets. California is one of the last three states to
allow conibear traps that are 10 by 10 inches, the other two are
Texas and Tennessee. Six states have restricted conibear traps
to 6 by 6 inches and ten have completely prohibited them on
land.
Mammal Euthanasia
The 2013 American Veterinary Medical Association Guidelines for
the Euthanasia of Animals (Guidelines) state that "stakeholders
look to veterinarians to provide leadership on how to care well
for animals, including how to relieve unnecessary pain and
suffering." The Guidelines state that a key consideration when
euthanizing animals for any reason is the "use of humane
techniques to induce the most rapid and painless and
distress-free death possible."
This bill would prohibit drowning, chemical injection other than
with chemicals sold for that purpose, and thoracic compression
as methods of euthanasia. Regarding drowning and chemical
injection the Guidelines state, "Household chemicals,
disinfectants, cleaning agents, and pesticides are not
acceptable for administration as euthanasia agents. Other
unacceptable approaches to euthanasia include hypothermia and
drowning." In addressing thoracic compression specifically, the
Guidelines conclude that it "can result in substantial pain and
distress before animals become unconscious, thus lacking key
humane considerations that can be addressed by other methods."
Prior Legislation
The conibear trap size limitation provisions of this bill are
substantially similar to those that were included in SB 1230
(Corbett/2012), which was passed by the Legislature and vetoed
by the Governor for other reasons. SB 1230 was a much more
extensive piece of legislation that required the California
Department of Fish and Game (now Fish and Wildlife) to create
and administer a licensing process for nuisance wildlife
trappers. It also included provisions for the protection of bat
species. The Governor's veto message stated that licensing
nuisance wildlife trappers was a consumer protection action
beyond the purview of the Department and that, in addition, he
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was not in accord with the provisions related to bat protection.
Supporting arguments : The author states that, like other traps,
conibear traps are non-selective in capturing and often kill any
animal that comes in contact. The author cites a study entitled
Traps and Trap Research where tests results showed conibear
traps capturing up to two non-target animals per target animal
and that other research indicated the most common non-target
victims were domestic dogs and cats. Other supporters state
that this bill will stop some of the worst killing methods used
by wildlife trappers. Those supporters maintain that licensed
Nuisance Wildlife Control Operators use cruel killing methods
that cause needless suffering and deaths of thousands of animals
each year and that, with many alternatives available, these
methods are unnecessary and should be prohibited.
REGISTERED SUPPORT / OPPOSITION :
Support
Born Free USA (sponsor)
The Humane Society of the United States (sponsor)
American Society for the Prevention of Cruelty to Animals
Animal Place
Animal Welfare Institute
Project Coyote
Protecting Earth & Animals with Compassion & Education
Public Interest Coalition
Red Rover
Sacramento Society for the Prevention of Cruelty to Animals
Society for the Prevention of Cruelty to Animals Los Angeles
The Marin Humane Society
The Yolo County Society for the Prevention of Cruelty to Animals
WildEarth Guardians
Opposition
None on file.
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096
AB 789
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