BILL ANALYSIS Ó AB 1213 Page 1 ASSEMBLY THIRD READING AB 1213 (Bloom) As Amended May 24, 2013 Majority vote WATER, PARKS & WILDLIFE 9-5APPROPRIATIONS 12-5 ----------------------------------------------------------------- |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 AB 1213 Page 2 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 AB 1213 Page 3 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 AB 1213 Page 4 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. AB 1213 Page 5 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, AB 1213 Page 6 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 FN: 0000900