BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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  








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            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  








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            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  








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          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  








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          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.








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          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  








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          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 c   C  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  








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          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








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          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