BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 789|
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THIRD READING
Bill No: AB 789
Author: Williams (D), et al.
Amended: 6/18/13 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 6/11/13
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 4/25/13 (Consent) - See last page for
vote
SUBJECT : Trapping
SOURCE : Born Free USA
Humane Society of the United States
DIGEST : This bill revises a prohibition on using a specific
type of trap, and makes it unlawful to kill any trapped mammal
by listed methods.
ANALYSIS : Exiting law and regulations govern the trapping of
mammals in California.
This bill:
1.Reduces from 10 inches by 10 inches to 6 inches by 6 inches
the maximum size of conibear traps that may be used to trap
CONTINUED
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mammals except where they are submerged or partially submerged
or set.
2.Requires signage of specified size and location on public
lands or lands open to public use that warn of traps in use in
order to prevent injury to pets and others.
3.Requires that mammals not be killed by certain methods -
intentional drowning, injection with any chemical not sold for
the purpose of euthanizing animals, or chest crushing - with
the exception that certain traps set partially or wholly
submerged in water for beaver or muskrat are lawful.
Background
California, Tennessee and Texas are the only three states to
allow conibear traps to be used for trapping that are as large
as 10 inches by 10 inches. Conibear traps are illegal for fur
trappers, but nuisance wildlife trappers may use them. Conibear
traps are designed to kill animals instantly by snapping the
spinal column at the base of the neck. Anecdotal evidence from
contemporaneous accounts indicates that some dogs have
suffocated in the traps. Conibear traps are spring-loaded
body-crushing traps without teeth, and have a square frame with
two rotating jaws. Conibear traps are not selective and kill
any animal that comes in contact with them. Twelve states
already either limit the size of conibear traps used on land to
six inches or less, or prohibit the use of conibear traps on
land entirely.
The 2013 American Veterinary Medical Association Guidelines for
the euthanasia of animals 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." The guidelines continue that
"household chemicals, disinfectants, cleaning agents, and
pesticides are not acceptable for administration as euthanasia
agents. Other unacceptable approaches to euthanasia include
hypothermia and drowning." Thoracic compression is also not
considered humane.
In early 2011, Born Free USA a bill co-sponsor, in collaboration
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with Respect for Animals conducted a study of fur trapping. The
study found "archaic killing methods such as suffocation,
drowning and chest crushing are widely used today." Born Free
USA also reports that 134 non-target trapping incidents across
the country occurred since 1988 and that the most common victims
are family dogs and cats.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/25/13)
Born Free USA (co-source)
Humane Society of the United States (co-source)
Action for Animals
American Society for the Prevention of Cruelty to Animals
Animal Place
California Animal Control Directors Association
Humane Society Veterinary Medical Association
Los Angeles County District Attorney's Office
Marin Humane Society
PawPAC
PEACE
Project Coyote
Public Interest Coalition
RedRover
Sierra Club California
Society for the Prevention of Cruelty to Animals - Los Angeles
Society for the Prevention of Cruelty to Animals - Sacramento
State Humane Association of California
WildEarth Guardians
Yolo County Society for the Prevention of Cruelty to Animals
OPPOSITION : (Verified 6/25/13)
The California Department of Fish and Wildlife
ARGUMENTS IN SUPPORT : According to the author:
"AB 789 prohibits the most inhumane methods of killing an
animal. Notably, these methods have been deemed
unacceptable by the American Veterinary Medical
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Association's guidelines on euthanasia and, under
California law, are considered cruelty to animals and could
be tried as felonies if inflicted intentionally upon
domestic cats or dogs. Trappers use these methods despite
the availability of more humane alternatives such as gun
shot, CO2 carbon dioxide gas chambers, or euthanasia by
licensed technicians."
"AB 789 will better align our treatment of wildlife with
current medical science and societal values for the humane
treatment of animals and is a strong step toward protecting
domestic dogs and their families from dangerous, hidden,
kill-traps; a step a number of other states have already
taken."
ARGUMENTS IN OPPOSITION : In a May 6, 2013 letter to the
author, the Department of Fish and Wildlife (Department)
expressed concerns about an earlier version of the bill and took
an "oppose unless amended" position. The Department stated that
the use of the undefined "managed wetland area" term might
present enforcement difficulties.
Additionally, the Department recommended changes in the signage
requirements in the vicinity of set traps to increase the
likelihood that the signs would be observed. The June 4, 2013
author's amendments to the bill are highly similar to the
Department's proposal to address the issues raised in its
letter.
ASSEMBLY FLOOR : 76-0, 4/25/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel P�rez,
Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Cooley, Lowenthal, Nazarian, Vacancy
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RM:ej 6/25/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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