BILL ANALYSIS Ó AB 1213 Page 1 Date of Hearing: April 2, 2013 ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE Anthony Rendon, Chair AB 1213 (Bloom) - As Amended: March 19, 2013 SUBJECT : Bobcats SUMMARY : Adds bobcats to the list of fur-bearing mammals, and prohibits the trapping or selling of bobcats, or the possession or transportation of bobcats taken in violation of California law. Specifically, this bill : 1)Adds bobcats to the list of fur-bearing mammals. 2)Makes it unlawful to trap or attempt to trap any bobcat, or to sell or export any bobcat or part thereof taken in California, or to receive, transport, or possess any bobcat or part thereof taken in violation of the Fish and Game Code or regulations adopted pursuant to the code. 3)Exempts from the above prohibition the taking of any bobcat by an employee of the Department of Fish and Wildlife (DFW) acting in an official capacity or by the holder of a scientific or propagation permit. 4)Further exempts from the above prohibition any bobcat or part or product thereof lawfully possessed prior to January 1, 2014, and allows for the lawful taking of bobcats found to be injuring crops or property pursuant to a depredation permit. 5)States legislative findings and declarations regarding bobcats, their role in the ecosystem, the value of wildlife to California's economy, and the rise in demand in foreign markets for bobcat pelts that is driving an increase in the number of bobcats trapped for commercial purposes in the state. EXISTING LAW : 1)Provides that all mammals occurring naturally in California that are not game mammals, fully protected mammals, or fur-bearing mammals, are classified as nongame mammals. Prohibits the take or possession of nongame mammals except as provided in the Fish and Game Code or regulations adopted by AB 1213 Page 2 the Fish and Game Commission (FGC). 2)Classifies bobcats as nongame mammals, and prohibits the taking of a bobcat without first procuring either a trapping license or a hunting license and bobcat hunting tags. Allows bobcats taken under a trapping license to be taken statewide from November 24th through January 31st without any limit as to number. Limits the number of bobcats that may be taken under a hunting license and bobcat hunting tags statewide to 5 bobcats per season, with the season lasting from October 15th through February 28th. 3)Prohibits pursuit of bobcats with dogs except pursuant to a depredation permit, for scientific research, or to protect livestock or crops. 4)Requires pelts of bobcats to be affixed with tags, and prohibits the sale or transport of bobcat pelts without a shipping tag. 5)Defines fur-bearing mammals to include pine marten, fisher, mink, river otter, gray fox, red fox, kit fox, raccoon, beaver, badger, and muskrat. Provides that fur-bearing mammals may only be taken with a trap, firearm, bow and arrow, poison under a permit from DFW, or with use of dogs. 6)By regulation, prohibits fisher, marten, river otter, desert kit fox, and red fox from being taken at any time. Allows badgers and gray fox to be taken statewide from November 24 through February 29, and allows muskrat and mink to be taken from November 16th through March 31st. Take of beavers is allowed in certain counties but prohibited in others. Seasons and methods of take allowed for raccoons also differs by region. 7)Requires everyone who traps fur-bearing mammals or nongame mammals or sells raw furs of those mammals to obtain a trapping license, with exceptions for take of mammals that are injuring crops or property. 8)Prohibits the use of body gripping traps to trap fur-bearing or nongame mammals. Also prohibits the take of fur-bearing mammals with saw-toothed or spiked jaw traps. 9)FGC regulations impose additional requirements on persons AB 1213 Page 3 using non-body gripping traps, including the requirement to obtain a trapping registration number from DFW for each trap. Each mammal that is legally trapped must be immediately killed (shot) or released, and all traps are required to be visited at least once daily. Placement of traps within 150 yards of residential structures is prohibited without the consent of the landowner. Violations of trapping requirements are punishable by a $300 to $2,000 fine and/or one year in county jail. All holders of trapping licenses are required to file annual trapping reports with DFG, with the penalty for failure to report being potential license suspension. FISCAL EFFECT : Unknown COMMENTS : The bobcat, (Lynx rufus) is a North American mammal of the cat family Felidae. The bobcat is native throughout California and typically inhabits brushy stages of deciduous and conifer forests or chaparral, often in rocky, brushy terrain adjacent to patches of riparian habitat and denser forests. They are carnivorous and feed primarily on rabbits, other rodents, small mammals and birds, but also eat vegetation such as fruits and grasses. Bobcats usually breed in the winter, with litters of 1-6 kittens born in the Spring. The bobcat gets its common name from its short bobbed tail. The author has introduced this bill in response to an increase in commercial trapping of bobcats in California, which is believed to be driven by a significant rise in the demand and wholesale prices being paid for bobcat pelts in China and other foreign countries. The number of bobcats trapped and killed in the 2011-12 season rose by nearly 51% over the previous season, and the number of trappers reporting bobcats trapped more than doubled over that same time period. Recent news reports quoting trappers indicate that the price paid for bobcat pelts on the international market increased from an average of $78 per pelt in 2009 to an average of $700 per pelt in 2011. While the highest demand is coming from China, markets for bobcat pelts have also increased in Russia and Greece. According to some trappers, bobcat pelts can sell for as high as $1,700 per pelt in some cases. In the 2011-2012 season, the most recent season for which data is available, 1,813 bobcats were killed in California by trappers and hunters. Of these, 1,499 were taken by trappers and only 255 by hunters. The U.S. Department of Agriculture's AB 1213 Page 4 Wildlife Services also killed 59. Estimated Annual Take of Bobcats in California ------------------------------------------------------ | | 2009-2010 | 2010-2011 | 2011-12 | |----------------+------------+------------+-----------| |Total # of Cats | 762 | 1,195 | 1,813 | |Taken | | | | |----------------+------------+------------+-----------| |By Trappers | 457 | 893 | 1,299 | |----------------+------------+------------+-----------| |By Hunters | 251 | 238 | 255 | |----------------+------------+------------+-----------| |By Wildlife | 54 | 64 | 59 | |Services | | | | |----------------+------------+------------+-----------| |# of trappers | 45 | 45 | 128 | |reporting | | | | |----------------+------------+------------+-----------| |Increase in | ----- | 57% |51% | |take % | | | | ------------------------------------------------------ *Data from Department of Fish and Wildlife The impact of this increase in trapping on bobcat populations in the state is unknown since the state lacks recent population estimates for bobcats. The Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) restricts trade in endangered species, but also establishes procedures to monitor trade of other species that might be faced with endangerment in the future. The bobcat is not endangered but is monitored under CITES. In 1973 the U.S. became a party to CITES. In 1979, the pre-breeding estimate of adult bobcats in California was around 72,000. At that time an annual harvest quota of 14,400 animals was approved. DFW indicates it has been monitoring bobcat harvests since 1982. DFW in its most recent annual harvest assessment (filed in May 2012) states that since the total bobcat take in recent years has been substantially less than 20% of the above quota, it is not in danger of over-harvest. However, as noted above, that population estimate and harvest quota was established over 30 years ago. The reliability of the population estimate was challenged in court in 1982, leading to a temporary court ordered ban on exports of bobcat pelts until the U.S. Fish and Wildlife Service could come up with more reliable population estimates. That ban was later AB 1213 Page 5 voided due to other intervening changes in the law but the population estimates have not been subsequently updated or verified. The author of this bill indicates he first became aware of the issue when commercial trappers killed numerous bobcats just outside the Joshua Tree National Park boundaries, where some traps were being illegally set on private lands bordering the park. Local residents and tourists who had observed, photographed, and appreciated the bobcats in the area for many years strenuously objected to the killings. Joshua Tree National Park is a 640,000 acre park in the desert region of southern California. Bobcats are protected inside the park boundaries, as are other native wildlife species. The most recent survey of bobcats in the park was conducted in 1979. The counties with the highest numbers of bobcats killed in California in 2011-12 were Siskiyou County (246) and San Bernardino County (237), where Joshua Tree National Park is located, followed by Kern County (206) and Modoc County (205). From a regional standpoint, the northeast region of the state had the highest total take of bobcats in 2011-12 with over 500. DFW in its annual harvest report has stated that if the commercial harvest in the northeast region increases to over 425 for more than two consecutive seasons, additional management action should be taken to determine the effects on the population in that region. Southern California as a region reported the second highest take in 2011-12 at 365. However, perhaps even more significant is the dramatic increase in take which has occurred in the southern California region in just the last couple years, where the take increased by 861% between 2010 and 2012, according to DFW data. DFW harvest data shows average prices for bobcat pelts have fluctuated from year to year since the 1980s. Fur dealers stopped providing average bobcat pelt prices to DFW in 2009. However, if the average price of $700 reportedly paid for bobcat pelts in 2011-12 is accurate, it is substantially higher than for any other prior year. The previous all-time high was $194.50 reported in 2005-06. Similar Legislation : SB 380 (Hayden) in 1993 proposed to ban both hunting and trapping of bobcats in California but did not pass. SB 1221 (Lieu), Chapter 595, Statutes of 2012, prohibited the use of dogs to hunt bobcats, with specified exceptions. AB 1213 Page 6 Note: This bill would prohibit commercial trapping of bobcats but does not affect state rules applicable to the hunting of bobcats, or to the authorized take of bobcats injuring crops or property, both of which would continue to be allowed pursuant to current law. Support Arguments : Supporters assert this bill will help bring state law into conformance with modern wildlife management practices, and that the increase in trapping, which they assert is being driven by increased foreign market demand for furs, if left unabated, could deplete local bobcat populations and lead to viability concerns for the species in certain parts of California. They also assert DFW does not have current, reliable estimates for bobcat populations and so is unable to establish sustainable harvest limits. Supporters object to the practice of some commercial fur trappers who place traps on the boundaries of national parks to trap bobcats and ship the pelts to overseas markets in China and Russia for a profit. Supporters argue increasing numbers of bobcats are being killed for the private profit of a few international fur traders, when these native animals are more valuable to the state as a living component of California's wildlife heritage. Both the author and supporters note bobcats play an integral role in the natural ecosystem, including helping to keep rabbit and rodent populations in check, which they consume as part of their daily diet. In the area surrounding Joshua Tree National Monument, thousands of acres of lands were acquired to create wildlife corridors to provide bobcats and other wildlife with safe passage in and out of the park. These acquisitions were financed with state funding as part of a collaborative conservation strategy involving multiple state and federal agencies and nonprofit land trusts. Supporters assert allowing bobcats to be trapped for profit in the fur trade impacts the investment the state and federal governments and other partners have made in these areas to protect these animals. Supporters also note bobcats, like other native wildlife, are a significant draw for Californians and out of state tourists who come from around the world to visit California's parks and other scenic areas with the hope of catching a rare glimpse of native wildlife, including bobcats. This visitation contributes millions of dollars to the state's economy and to the economies of local communities. Opposition Arguments : Opponents argue that since the bobcat is not endangered and DFW monitors the annual harvest, additional AB 1213 Page 7 restrictions on bobcat trapping are unnecessary. They assert there is adequate protected habitat currently in California for bobcats where trapping is not allowed, and note that current harvest levels are less than 15% of the allowed quota and are minimal compared to harvest levels in the 1970s and 1980s. Opponents also argue that making the bobcat a fur-bearing mammal and then prohibiting the sale of bobcat furs is contradictory and confusing, since it is intended that fur-bearing mammals may be trapped and their furs sold. They further assert that prohibiting commercial harvest of bobcats will have a negative economic impact on those who trap bobcats, whether for commercial or sport purposes, on companies that manufacture and sell trapping equipment, and on the fur industry itself. Some opponents also argue that prohibiting trapping of bobcats could have a negative impact on populations of birds and mammals that nest on the ground and are prey of bobcats. Opponents note the cyclical nature of the fur trade market and that not all the furs are sold to overseas markets but include pelts that are sold to California based companies. Opponents also assert that prohibiting trapping of bobcats will impact the traditions and life styles of individuals who have a long tradition of trapping bobcats. Note: It should be noted, as explained further above, that current regulations allow some mammals classified as fur-bearing mammals to be trapped for sale of their furs, but prohibit trapping of others. For example, current regulations prohibit fisher, marten, river otter, desert kit fox, and red fox, all of which are classified as fur-bearers, from being taken at any time, whereas other fur-bearers such as beavers, muskrats, mink and badgers may be trapped during certain times of year and subject to other specified limitations. Suggested technical amendment : 1)Amend subdivision (e) of the legislative findings to read as follows: (e) 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 cC urrent 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 AB 1213 Page 8 where the taking of wildlife is not otherwise prohibited. REGISTERED SUPPORT / OPPOSITION : Support Action for Animals Alameda Creek Alliance All American Real Estate & Consulting American Society for the Prevention of Cruelty to Animals Animal Welfare Institute Battle Creek Alliance Born Free USA California Chaparral Institute Center for Biological Diversity Center for Sierra Nevada Conservation Central Coast Forest Association Conservation Congress Ebbetts Pass Forest Watch Endangered Habitats League Environmental Protection Information Center Friends of the Santa Clara River Foothills Conservancy Support - continued Helping Our Peninsula's Environment Humane Society of the United States International Fund for Animal Welfare Joshua Tree Chamber of Commerce Joshua Tree Tortoise Rescue Los Padres Forest Watch Moms Advocating Sustainability Morongo Basin Conservation Association Mojave Desert Land Trust North County Watch Project Coyote Protecting Earth & Animals with Compassion and Education Public Interest Coalition Raptors are the Solution San Luis Obispo Coastkeeper Santa Monica Mountains Conservancy Save the Frogs Sequoia ForestKeeper Sierra Club California Tehama Wild Care AB 1213 Page 9 Terra Foundation Turtle Island Restoration Network West Marin Environmental Action Committee WildCare Wild Equity Institute Wild Heritage Planners Numerous Individuals Opposition California Trappers Association Central Coast Forest Association National Trappers Association Numerous Individuals Analysis Prepared by : Diane Colborn / W., P. & W. / (916) 319-2096