Amended in Assembly May 24, 2013

Amended in Assembly May 6, 2013

Amended in Assembly April 24, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1213

Introduced by Assembly Member Bloom

February 22, 2013

An act to begin delete amend Section 4000 of, and to end delete add Section begin delete 4013 to, end delete begin insert 4155 to end insert the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL’S DIGEST

AB 1213, as amended, Bloom. begin delete The end delete 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, and requires 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, to procure a trapping license. A violation of any of the provision of the Fish and Game Code, or any rule, regulation, or order made or adopted under those provisions, is a misdemeanor, unless otherwise specified.

begin delete

This bill would enact the Bobcat Protection Act of 2013 that would, among other things, add the bobcat to the list of fur-bearing mammals subject to the licensing and other requirements for fur-bearing mammals specified above.

end delete

This bill would begin delete authorize the Department of Fish and Game to prepare a management plan for the taking of bobcats pursuant to trapping licenses that is based on various factors, including, among others, statewide and regional population estimates for bobcats, and an estimate of the costs to the department for implementing the management plan. The bill would require the management plan to include, among other things, a prohibition on trapping bobcats on private land without the consent of the owner. The bill would authorize the Fish and Game Commission to promulgate regulations consistent with the management plan, and would specify that if regulations are not promulgated by July 1, 2015, specified provisions would take effect, including, among others, provisions that would make it unlawful to trap or attempt to trap, or sell or export a bobcat, as specified. This bill end delete begin insert enact the Bobcat Protection Act of 2013, which end insert would, beginning January 1, 2014, begin delete apply these provisions to end delete begin insert make it unlawful to trap any bobcat, or attempt to do so, or to sell or export any bobcat or part of any bobcat taken in end insert the area surrounding Joshua Tree National Park, as specified. begin delete Because a violation of the provisions of the management plan and regulations adopted by the commission would be a misdemeanor end delete begin insert The bill would require the commission to amend its regulations to prohibit the trapping of bobcats within, and adjacent to, the boundaries of a national or state park, monument or preserve, national wildlife refuge, and other public or private conservation area identified by the commission for protection, as specified. The bill would prohibit the trapping of any bobcat, or attempt to do so, on any private land not belonging to the trapper without the express written consent of the owner of that property, as specified. The bill would require the commission to set trapping license fees for the 2014-2015 season, and any subsequent seasons in which bobcat trapping is allowed, at the level necessary to fully recover all reasonable administrative and implementation costs of the Department of Fish and Wildlife and the commission associated with the trapping of bobcats in the state. The bill would provide that these provisions do not limit the ability of the department or the commission to impose additional requirements, restrictions, or prohibitions related to the taking of bobcats. By changing the definition of a crime end insert , 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:

SECTION 1.  

This act shall be known, and may be cited, as the
Bobcat Protection Act of 2013.

SEC. 2.  

The Legislature finds and declares all of the following:

(a) It is the intent of the Legislature in adopting this act to ensure
that the bobcat (Lynx rufus) remains a fully functional component
of the ecosystems it inhabits throughout its range in California.

(b) The Legislature recognizes that bobcats are an irreplaceable
part of California’s natural habitat, and that, as predators of small
mammals, bobcats play an important role in regulating the
population of rodents in California’s deserts, forests, and
grasslands.

(c) The Legislature further recognizes that millions of people
visit California’s national and state parks and other public and
private conservation areas for the purposes of, among other things,
viewing wildlife, including bobcats, and that this visitation
contributes millions of dollars to California’s economy.

(d) The Legislature further recognizes that bobcats and other
native wildlife often cross the boundaries of national parks and
other protected areas into adjacent areas where the taking of
bobcats is currently allowed pursuant to the Fish and Game Code
and the regulations adopted pursuant to that code.

(e)  begin delete While bobcats are hunted and trapped primarily for their
fur, rather than being classified as “fur-bearing mammals” under
the Fish and Game Code, bobcats are considered “nongame
mammals” under the laws of this state and consequently current end delete
begin insert Current end insert California laws and regulations provide no limits on the
sex, age, location, or number of bobcats that may be taken by
licensed trappers on private and public lands in California where
the taking of wildlife is not otherwise prohibited.

(f) Current regulations provide for the commercial sale and
export of bobcat pelts taken by hunters or trappers in California.

(g) The Legislature further finds that a rise in the demand for
bobcat pelts in China and other foreign markets has resulted in a
substantial increase in the number of trappers taking bobcats as
well as in the number of bobcats taken for commercial purposes
in California.

(h) Reliable population estimates do not exist for bobcats
statewide in California and neither the Department of Fish and
Wildlife begin delete or end delete begin insert nor end insert the Fish and Game Commission possesses adequate
data to determine a sustainable harvest limit for bobcats.

begin delete

SEC. 3.  

Section 4000 of the Fish and Game Code is amended
to read:

4000.  

The following are fur-bearing mammals: pine marten,
fisher, mink, river otter, gray fox, red fox, kit fox, raccoon, beaver,
badger, bobcat, and muskrat.

SEC. 4.  

Section 4013 is added to the Fish and Game Code, to
read:

4013.  

(a) The department may prepare a plan setting forth a
proposed management regime for the taking of bobcats pursuant
to trapping licenses. The management plan shall be based upon
and include the following:

(1) A current population estimate for bobcats at the statewide
and regional levels. The estimate shall be generated using modern
population census techniques, such as mark and recapture studies,
scat and track surveys, DNA sampling, and camera trapping. The
estimate may not be based solely upon harvest data or habitat
modeling. For each area included in the population estimate, the
department shall rely upon recent area-specific data on bobcat
abundance and population trend. Consistent with the requirements
of Section 703.3 that all resource management decisions be
informed by credible science, the department shall, to the maximum
extent practicable, rely upon recent published, peer-reviewed
studies in generating the population estimate.

(2) An estimate of maximum sustainable harvest limits for
bobcats at the statewide and regional levels. The estimate shall be
based upon California-specific studies on bobcat fecundity,
survivorship, and habitat use, accounting for the differences among
ecosystems within the state. The estimate shall take into account
other sources of human-caused mortality to bobcats such as road
mortality, rodenticide poisoning, and habitat loss. In determining
a sustainable harvest level, the department shall, consistent with
the requirements of Section 1755, consider not just the continued
viability of bobcats, but also the goal of maintaining bobcat
abundance so as to not appreciably diminish either their role in
ecosystem maintenance or the likelihood and opportunity of bobcat
encounters for nonconsumptive uses such as wildlife viewing.

(3) An estimate of the full costs to the department of
implementing the management plan, including the costs of
administering, monitoring, and enforcing a harvest regime.

(4) An estimate of the full economic and ecosystem values of
bobcats in California, including their role in regulating rodent
populations, and the economic contributions of nonconsumptive
uses such as tourism, wildlife viewing, photography, and property
values.

(5) A full consideration of restrictions on harvest, including
no-harvest zones in and around state and national parks and other
protected areas, prohibitions within residential areas and other
areas where conflicts with nonconsumptive uses may be reasonably
anticipated to occur, area-specific limits, bag limits, and restrictions
of age and gender of animals taken.

(6) The management plan shall include, but is not limited to,
the following provisions:

(A) A prohibition on trapping within two miles from the
boundaries of national and state parks and preserves, national
wildlife refuges, and any other public or private conservation area
identified by the department or commission following consultation
with the public.

(B) A prohibition on trapping in any biologically significant
region of the state where the department lacks a reliable population
estimate generated from data gathered within the previous five
years.

(C) A prohibition on trapping on private land without the express
written consent of the owner.

(D) Area and individual harvest limits sufficient to prevent
depletion of bobcat populations at the local scale.

(E) Trapping license and shipping tag fees sufficient to fully
offset on an annual basis the costs estimated by the department
pursuant to paragraph (3) and as otherwise required by subdivision
(c) of Section 4006.

(7) Any proposed management plan shall be prepared in
conformance with the requirements of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of
the Public Resources Code) and other applicable laws, and be
subject to public review and comment. During the preparation of
the management plan, the department shall hold a minimum of six
public hearings, including in Los Angeles, San Francisco, and
other representative areas of the state.

(b) Upon completion of any proposed management plan prepared
pursuant to subdivision (a) by the department, the commission
may promulgate regulations consistent with that plan.

(c) If no final regulations are promulgated by the commission
pursuant to subdivision (b) by July 1, 2015, the following
provisions shall take effect and shall remain in effect unless
repealed by statute.

(1) Notwithstanding Sections 4002, 4003, 4005, and 4006, and
Article 2 (commencing with Section 4030), or any provision of
the regulations adopted pursuant to this code, it is unlawful to trap
any bobcat, or attempt to do so, or to sell or export any bobcat or
part of any bobcat taken in California, or to receive, transport, or
possess any bobcat or any part or product of any bobcat taken in
violation of this code or regulations adopted pursuant to this code.

(2) The prohibition on the trapping of bobcats pursuant to
paragraph (1) does not apply to the taking of any bobcat by
employees of the department acting in an official capacity or to a
taking in accordance with the conditions of a scientific or
propagation permit by the holder of that permit, or to the lawful
taking of bobcats found to be injuring crops or property pursuant
to Section 4180 or other provisions of this code, or the regulations
adopted pursuant to this code.

(3) The prohibition on the sale or export of bobcats or any part
of a bobcat pursuant to paragraph (1) does not apply to any bobcat
or any part or product of any bobcat lawfully possessed before
July 1, 2015.

(d) Beginning January 1, 2014, it is unlawful to trap any bobcat,
or attempt to do so, or to sell or export any bobcat or part of any
bobcat taken in the area surrounding Joshua Tree National Park,
defined as follows: East and South of State Highway 62 from the
intersection of Interstate 10 to the intersection of State Highway
177; West of State Highway 177 from the intersection of State
Highway 62 to the intersection with Interstate 10; North of
Interstate 10 from State Highway 177 to State Highway 62. The
prohibition shall remain in effect irrespective of whether the
management plan and regulations contemplated in subdivisions
(a) and (b) are adopted. This prohibition on the trapping of bobcats
does not apply to the taking of any bobcat by employees of the
department acting in an official capacity or to a taking in
accordance with the conditions of a scientific or propagation permit
by the holder of that permit, or to the lawful taking of bobcats
found to be injuring crops or property pursuant to Section 4180 or
other provisions of this code, or the regulations adopted pursuant
to this code.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 4155 is added to the end insert begin insert Fish and Game Code end insert begin insert , to
read: end insert

begin insert

begin insert 4155. end insert   

(a) Beginning January 1, 2014, it shall be unlawful to
trap any bobcat, or attempt to do so, or to sell or export any bobcat
or part of any bobcat taken in the area surrounding Joshua Tree
National Park, defined as follows: East and South of State Highway
62 from the intersection of Interstate 10 to the intersection of State
Highway 177; West of State Highway 177 from the intersection of
State Highway 62 to the intersection with Interstate 10; North of
Interstate 10 from State Highway 177 to State Highway 62.

(b) At its next regularly scheduled mammal hunting and trapping
rulemaking process to occur after January 1, 2014, the commission
shall amend its regulations to prohibit the trapping of bobcats
within, and adjacent to, the boundaries of a national or state park,
monument or preserve, national wildlife refuge, and other public
or private conservation area identified by the commission for
protection. The commission shall delineate the boundaries of any
prohibited area using readily identifiable features, such as
highways or other major roads, such as those delineated for Joshua
Tree National Park in subdivision (a).

(c) The prohibition on the trapping of bobcats in the areas
designated pursuant to subdivisions (a) and (b) shall not apply to
the taking of any bobcat by employees of the department acting in
an official capacity, to a taking in accordance with the conditions
of a scientific, educational, or propagation permit pursuant to
Section 1002 by the holder of that permit, or to the lawful taking
of bobcats found to be injuring crops or other property pursuant
to Section 4152 or other provisions of this code or regulations
adopted pursuant to this code.

(d) Notwithstanding Section 2016 or any other provisions of
this code, on and after January 1, 2014, it shall be unlawful to
trap any bobcat, or attempt to do so, on any private land not
belonging to the trapper without the express written consent of
the owner of that property. The placing or possession of any trap
or the possession of a bobcat or part thereof on any land is prima
facie evidence of a violation of this subdivision.

(e) Pursuant to the requirements of subdivision (c) of Section
4006, the commission shall set trapping license fees for the
2014-15 season, and any subsequent seasons in which bobcat
trapping is allowed, at the level necessary to fully recover all
reasonable administrative and implementation costs of the
department and the commission associated with the trapping of
bobcats in the state.

(f) This section does not limit the ability of the department or
the commission to impose additional requirements, restrictions,
or prohibitions related to the taking of bobcats, including a
complete prohibition on the trapping of bobcats pursuant to this
code.

end insert

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

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.