BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1213| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 : CONTINUED AB 1213 Page 2 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 CONTINUED AB 1213 Page 3 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 CONTINUED AB 1213 Page 4 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 CONTINUED AB 1213 Page 5 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 CONTINUED AB 1213 Page 6 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 CONTINUED AB 1213 Page 7 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, CONTINUED AB 1213 Page 8 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 **** END **** CONTINUED