BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1213
          Author:   Bloom (D)
          Amended:  9/3/13 in Senate
          Vote:     21

           
           SENATE NATURAL RESOURCES AND WATER COMMITTEE  :  6-2, 6/25/13
          AYES:  Pavley, Evans, Hueso, Jackson, Lara, Monning
          NOES:  Cannella, Fuller
          NO VOTE RECORDED:  Wolk
           
          SENATE APPROPRIATIONS COMMITTEE  :  5-2, 8/30/13
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NOES:  Walters, Gaines
           
          ASSEMBLY FLOOR  :  51-24, 5/30/13 - See last page for vote


           SUBJECT  :    Bobcat Protection Act of 2013

           SOURCE  :     Author


           DIGEST  :    This bill prohibits the trapping of bobcats around  
          Joshua Tree National Park and requires the Fish and Game  
          Commission (Commission) to amend its regulations to prohibit the  
          trapping of bobcats adjacent to the boundaries of each national  
          park, state park, national monument, or wildlife refuge in which  
          bobcat trapping is prohibited.  Prohibits the trapping of  
          bobcats on private property without the express written consent  
          of the owner of that property.

           ANALYSIS  :    
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          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 Commission. 

          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 24 through January 31 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 15  
             through February 28. 

          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. 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 Department of Fish  
             and Wildlife (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  

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             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.

          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.  

           2. Requires the Commission to delineate the boundaries of an  
             area in which bobcat trapping is prohibited pursuant to this  
             bill, using readily identifiable features, such as highways  
             or other major roads, such as those delineated for Joshua  
             Tree National Park.

           3. Requires the Commission to amend its regulations, through  
             the Commission's next regularly scheduled mammal hunting and  
             trapping rulemaking process occurring after January 1, 2014,  
             to prohibit the trapping of bobcats adjacent to the  
             boundaries of each national or state park and national  
             monument or wildlife refuge in which bobcat trapping is  
             prohibited.

           4. Requires the Commission, commencing January 1, 2016, to  
             consider whether to prohibit bobcat trapping within, and  
             adjacent to, preserves, state conservancies, and any other  
             public or private conservation areas identified to the  
             Commission by the public as warranting protection, and to  
             amend its regulations accordingly, as specified

           5. Provides exceptions from the prohibition on trapping in the  
             buffer zone around Joshua Tree National Park, and any other  
             areas identified by the Commission for protection, for  
             takings by the DFW in accordance with a scientific,  
             educational or propagation permit, or the lawful takings of  
             bobcats injuring crops or other property. 

           6. Requires the Commission to 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  

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             all reasonable administrative and implementation costs of the  
             DFW and the Commission associated with the trapping of  
             bobcats in the state, as specified.

           7. 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. 

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

           9. States legislative findings and declarations regarding  
             bobcats.

           Background
           
          Bobcats and other predators have an important role to play in  
          the ecosystem.  These animals are greatly involved in  
          maintaining in balance a number of small animal populations.   
          Without these predators an increase in the number of rodents is  
          expected.  Without their natural predator these pests will  
          possibly cause serious problems to farmers.  Additionally, two  
          of the 10 geographic regions of California account for 60% of  
          the commercial bobcat harvest in the state.  Such large  
          geographical differences could pose a significant localized  
          decrease in population genetic variability, which ultimately  
          would cause an overall decrease in the ability of the species to  
          cope with various diseases.  Genetic variability is fundamental  
          to ensure long-term survival of any species. 

          The driver for the increase in the number of trappers, and in  
          the number of animals harvest is the demand for bobcat pelt.   
          Annual bobcat take increased 57% from 2009-10 to 2010-11.  The  
          increase from 2010-11 to 2011-12 was 51%, statewide.  The rise  
          in the demand for bobcat pelt abroad has the potential of  
          substantially increasing the price of the pelt.  A trend  
          observed in the past shows that as result of increasing in pelt  
          price, there is an increase the number of trappers and bobcat  
          taking for commercial purposes.  In 2011, according to the  
          Western States Fur Auction, all bobcats' pelts available for  
          auction were sold, at an average of $572.21.  According to the  
          trappers the prices are back to the high levels of a couple  

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          years ago.  The most current data reported on the bobcat harvest  
          assessment shows the average price of bobcat pelt to be $78 for  
          the 2008-09 season.  This is over 700% increase in price over  
          the past few years.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

             One-time costs of at least $250,000 from the Fish and Game  
             Preservation Account (special) in fiscal year (FY) 2014-15  
             for the development of buffer areas around specified lands in  
             which bobcat trapping would be prohibited.

             Minor and absorbable ongoing costs from the Fish and Game  
             Preservation Account beginning in FY 2015-16 to consider  
             additional lands for the bobcat trapping prohibitions upon  
             public request.

           SUPPORT  :   (Verified  9/3/13)

          Action for Animals
          Alameda Creek Alliance 
          Animal Welfare Institute 
          ASPCA
          Battle Creek Alliance
          Born Free USA 
          California Chaparral Institute 
          Center for Biological Diversity
          Center for Sierra Nevada Conservation 
          Christians Caring for Creation
          Conservation Congress 
          Ebbetts Pass Forest Watch
          Endangered Habitats League 
          Environmental Protection Information Center
          Foothills Conservancy
          Friends of the Santa Clara River 
          Helping Our Peninsula's Environment 
          Human Society of the United States of America 
          International Fund for Animal Welfare
          Joshua Tree Chamber of Commerce
          Los Padres ForestWatch 
          Mojave Desert Land Trust

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          Moms Advocating Sustainability
          Morongo Basin Conservation Association 
          North County Watch 
          Ojai Wildlife League 
          PawPAC
          Project Bobcat
          Project Coyote
          Public Interest Coalition
          Puente Hills Habitat Preservation Authority 
          Raptors Are the Solution 
          San Bernardino County Supervisor James C. Ramos,
          San Luis Obispo Coastkeeper 
          Santa Monica Mountains Conservancy
          Save the Frogs
          Sequoia ForestKeeper 
          Sierra Club, California
          Tehama Wild Care 
          Terra Foundation
          Turtle Island Restoration Network 
          West Marin Environmental Action Committee 
          Wild Equity Institute  
          Wild Heritage Planners
          WildCare 
          Wildflower Open Classroom 
          Wildlife Alive

           OPPOSITION  :    (Verified  9/3/13)

          3G's Hay and Grain
          Aiton Fur Company
          Alcalde Ranch
          Animal Pest Management Services
          Arizona Trappers Association
          Bishop Area Chamber of Commerce
          California Cattlemen's Association  
          California Chamber of Commerce
          California Farm Bureau Federation
          California Houndsmen for Conservation
          California Rifle and Pistol Association 
          California Sportsman's Lobby
          California Trappers Association
          County of Inyo Board of Supervisors
          Crit'R Call
          Custom Stump Grinders

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          Gun Owners of California
          Intentional Contracting, Inc.
          National Trappers Association
          National Wild Turkey Federation
          Outdoor Sportsmen's Coalition of California
          Safari Club International
          Society for the Protection and Care of Wildlife

           ARGUMENTS IN SUPPORT  :    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, 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.

           ARGUMENTS IN OPPOSITION  :    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.  
           

           ASSEMBLY FLOOR  :  51-24, 5/30/13
          AYES:  Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,  
            Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,  
            Campos, Chau, Chesbro, Cooley, Daly, Dickinson, Eggman, Fong,  
            Fox, Garcia, Gatto, Gomez, Gonzalez, Gordon, Hall, Roger  
            Hernández, Jones-Sawyer, Levine, Lowenthal, Maienschein,  
            Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Pan, Perea, V.  
            Manuel Pérez, Quirk-Silva, Rendon, Salas, Skinner, Stone,  

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            Ting, Weber, Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Achadjian, Allen, Bigelow, Chávez, Conway, Dahle,  
            Donnelly, Frazier, Beth Gaines, Gorell, Gray, Grove, Hagman,  
            Harkey, Jones, Linder, Logue, Melendez, Morrell, Olsen,  
            Patterson, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Holden, Mansoor, Nestande, Quirk, Vacancy


          RM:k  9/3/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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