BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING
          AB 1213 (Bloom)
          As Amended  May 24, 2013
          Majority vote 

           WATER, PARKS & WILDLIFE      9-5APPROPRIATIONS      12-5        
           
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          |Ayes:|Rendon, Blumenfield,      |Ayes:|Gatto, Bocanegra,         |
          |     |Bocanegra, Fong, Frazier, |     |Bradford,                 |
          |     |Gatto, Gomez, Yamada,     |     |Ian Calderon, Campos,     |
          |     |Bloom                     |     |Eggman, Gomez, Hall,      |
          |     |                          |     |Ammiano, Pan, Quirk,      |
          |     |                          |     |Weber                     |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Bigelow, Allen, Dahle,    |Nays:|Harkey, Bigelow,          |
          |     |Beth Gaines, Patterson    |     |Donnelly, Linder, Wagner  |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Establishes a no-trapping buffer zone around Joshua  
          Tree National Park in which the trapping of bobcats would be  
          prohibited, and authorizes the Fish and Game Commission (FGC) by  
          regulation to establish buffer zones where trapping of bobcats  
          would be prohibited around other parks or conservation areas the  
          FGC identifies for protection.  Specifically,  this bill  :

          1)Prohibits trapping of bobcats, and the sale of any bobcat  
            taken in violation of the prohibition, within a defined buffer  
            area surrounding Joshua Tree National Park.  The buffer area  
            is defined by reference to major roads and highways in  
            proximity to the park.  

          2)Requires the FGC at its next regularly scheduled mammal  
            hunting and trapping rulemaking process, after January 1,  
            2014, 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 FGC for protection.  Requires the FGC to delineate the  
            boundaries of any prohibited area using readily identifiable  
            features, such as highways or other major roads.  

          3)Provides exceptions from the prohibition on trapping in the  








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            buffer zone around Joshua Tree National Park, and any other  
            areas identified by the FGC for protection, for takings by the  
            Department of Fish and Wildlife (DFW), takings in accordance  
            with a scientific, educational or propagation permit, and  
            lawful takings of bobcats injuring crops or other property.

          4)Makes it unlawful to trap bobcats on any private lands without  
            the written consent of the property owner.  Provides that the  
            placing or possession of any trap or bobcat on any private  
            land is prima facie evidence of a violation.

          5)Requires the FGC to set trapping license fees at a level  
            necessary to fully recover all reasonable administrative and  
            implementation costs associated with bobcat trapping.

          6)Clarifies that nothing in this bill limits the ability of the  
            DFW or the FGC to impose additional restrictions or a  
            prohibition on the trapping of bobcats.

          7)States legislative findings and declarations regarding  
            bobcats.


           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  
            the 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  
            five 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  








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            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)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.

          6)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.

          7)Imposes, by regulation, additional requirements on persons  
            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 DFW, with the penalty for failure  
            to report being potential license suspension.


           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee, cost pressures to DFW of over $500,000.


           COMMENTS  :   This bill establishes a buffer zone, averaging two  
          miles in width, around Joshua Tree National Park in which  
          commercial trapping of bobcats would be prohibited.  Trapping is  
          already prohibited within the boundaries of the park.  In  
          addition, this bill would authorize the FGC by regulation to  
          establish additional trapping-free buffer zones around other  
          national and state parks, and other conservation areas in the  
          state identified by the FGC for protection.  Trapping of bobcats  
          on private property without the written consent of the property  
          owner would be prohibited.  The FGC would be required to set  
          bobcat trapping fees at a level sufficient to fully recover all  








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          reasonable administrative and implementation costs for bobcat  
          trapping. 

          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  
          one to six kittens born in spring.  The bobcat gets its common  
          name from its short bobbed tail.

          The author 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.

          The author 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  
          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 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.

          In the 2011-2012 season, the most recent season for which data  
          is available, DFW indicates 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 Wildlife Services also killed 59.









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          This bill as passed by the policy committee was significantly  
          broader than the present version.  In addition to the current  
          provisions on park buffer zones, this bill as approved by the  
          policy committee would also have required the DFW to develop a  
          management plan for bobcats based on updated population studies,  
          and would have imposed a statewide ban on all commercial  
          trapping of bobcats if the management plan was not completed and  
          approved by the FGC by a specified date.  As amended in the  
          Assembly Appropriations Committee, the requirements for the  
          development of the management plan, the updated populations  
          studies, and the potential statewide ban on bobcat trapping have  
          been deleted.  

          The previous version of this bill also would have required the  
          management plan developed by DFW to include a prohibition on  
          bobcat trapping within two miles of the boundaries of national  
          and state parks and other conservation areas identified by DFW  
          or the FGC.  As amended, this bill now instead requires the FGC  
          when it updates its mammal hunting and trapping rulemaking  
          process to amend its regulations to prohibit trapping within and  
          adjacent to the boundaries of parks and other conservation areas  
          identified by the FGC for protection.  The bill does not specify  
          the size of the buffer zones, or specify which parks or  
          conservation areas should have designated buffer zones, but  
          provides that the FGC shall delineate the boundaries of any  
          prohibited areas identified by the FGC for protection using  
          readily identifiable features such as highways or other major  
          roads, such as those delineated for the Joshua Tree National  
          Park.  The defined boundaries specified in this bill for the  
          Joshua Tree buffer zone establish a no-trapping zone that ranges  
          from one to 12 miles in width around the park, with the average  
          width of the buffer zone being two miles.

          Supporters of this bill assert the increase in trapping being  
          driven by increased foreign demand for furs, if left unabated,  
          could deplete local bobcat populations and lead to viability  
          concerns for the species in certain parts of the state.  They  
          particularly object to the practice of some trappers who place  
          traps around the boundaries of national parks and on private  
          property without consent.  They also assert these animals play  
          an integral role in the natural ecosystem, and are of greater  
          value to the state as a living component of California's  
          wildlife heritage, than being taken for the private profit of a  
          few international fur traders.  They also note that bobcats,  








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          like other native wildlife, are a significant draw for  
          Californians and other out of state tourists whose visitation  
          contributes to the state's economy and those of local  
          communities.

          Opponents argue that since the bobcat is not endangered and DFW  
          monitors the annual harvest, additional restrictions on bobcat  
          trapping are unnecessary.  They also asset there is adequate  
          protected habitat currently in California for bobcats where  
          trapping is not allowed, and that current harvest levels are  
          significantly less than historic harvest levels of the 1970s and  
          1980s.  They also argue that restrictions on bobcat harvesting  
          may have a negative economic impact on those who trap bobcats,  
          on companies that manufacture and sell trapping equipment, and  
          on the fur industry.       


           Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916)  
          319-2096


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