AB 1213, as introduced, Bloom. The Bobcat Protection Act of 2013.
Existing law enumerates the fur-bearing mammals that may be taken only with a trap, a firearm, a bow and arrow, or poison under a proper permit, or with the use of dogs.
This bill would add the bobcat to this list of fur-bearing mammals.
Existing law provides that fur-bearing mammals may be taken only with a trap, a firearm, bow and arrow, poison under a proper permit, or with the use of dogs. Existing law requires that every person, other than a fur dealer, who traps fur-bearing mammals or nongame mammals designated by the Fish and Game Commission, or who sells raw furs of those mammals, procure a trapping license. Existing law provides for the issuance of fur dealer licenses.
This bill would, notwithstanding those provisions, make it unlawful to trap, import, export, or sell any bobcat or any part or product thereof, or attempt to do so, or to receive, transport, or possess any bobcat or any part or product thereof taken in violation of these provisions or regulations adopted by the commission, except as specified. By creating a new crime, the 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:
This act shall be known, and may be cited, as the
2Bobcat Protection Act of 2013.
The Legislature finds and declares all of the following:
4(a) It is the intent of the Legislature in adopting this act to ensure
5that the bobcat (Lynx rufus) remains a fully functional component
6of the ecosystems it inhabits throughout its range in California.
7(b) The Legislature recognizes that bobcats are an irreplaceable
8part of California’s natural habitat, and that, as predators of small
9mammals, play an important role in regulating the population of
10rodents in California’s deserts, forests, and grasslands.
11(c) The Legislature further recognizes that millions of people
12visit California’s national and state
parks and other public and
13private conservation areas for the purposes of, among other things,
14viewing wildlife, including bobcats, and that this visitation
15contributes millions of dollars to California’s economy.
16(d) The Legislature further recognizes that bobcats and other
17native wildlife often cross the boundaries of national parks and
18other protected areas into adjacent areas where the taking of
19bobcats is currently allowed pursuant to the Fish and Game Code
20and the regulations adopted pursuant to that code.
21(e) While bobcats are hunted and trapped primarily for their
22fur, rather than being classified as “fur-bearing mammals” under
23the Fish and Game Code, bobcats are considered “nongame
24mammals” under the laws of this state and consequently current
25California laws and regulations provide no limits on the sex, age,
26location, or number of bobcats that may be taken by licensed
27
trappers or licensed hunters on private and public lands in
28California where the taking of wildlife is not otherwise prohibited.
29(f) Current regulations provide for the commercial sale and
30export of bobcat pelts taken by hunters or trappers in California.
31(g) The Legislature further finds that a rise in the demand for
32bobcat pelts in China and other foreign markets has resulted in a
33substantial increase in the number of trappers taking bobcats as
P3 1well as in the number of bobcats taken for commercial purposes
2in California.
3(h) Reliable population estimates do not exist for bobcats
4statewide in California and neither the Department of Fish and
5Wildlife or the Fish and Game Commission possesses adequate
6data to determine a sustainable harvest limit for bobcats.
Section 4000 of the Fish and Game Code is amended
8to read:
The following are fur-bearing mammals: pine marten,
10fisher, mink, river otter, gray fox, red fox, kit fox, raccoon, beaver,
11badger,begin insert bobcat,end insert and muskrat.
Section 4013 is added to the Fish and Game Code, to
13read:
(a) Notwithstanding Sections 4002, 4003, 4005, and
154006, and Article 2 (commencing with Section 4030), it is unlawful
16to trap, import, export, or sell any bobcat or any part or product
17thereof, or attempt to do so, or to receive, transport, or possess any
18bobcat or any part or product thereof taken in violation of this code
19or regulations adopted pursuant to this code.
20(b) This section does not apply to the taking of any bobcat by
21employees of the department acting in an official capacity or to a
22taking in accordance with the conditions of a scientific or
23propagation permit by the holder of that permit.
24(c) This section does not apply to any bobcat or any part or
25product thereof
lawfully possessed prior to January 1, 2014, or to
26the lawful taking of bobcats found to be injuring crops or property
27that are taken under depredation permits issued pursuant to Section
284180, this code, or the regulations adopted pursuant to this code.
No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district will be incurred because this act creates a new crime or
33infraction, eliminates a crime or infraction, or changes the penalty
34for a crime or infraction, within the meaning of Section 17556 of
35the Government Code, or changes the definition of a crime within
36the meaning of Section 6 of Article XIII B of the California
37Constitution.
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