BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1213|
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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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