BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1213
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1213 (Bloom)
          As Amended  September 3, 2013
          Majority vote
           
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          |ASSEMBLY:  |51-24|(May 30, 2013)  |SENATE: |27-12|(September 9,  |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    W., P. & W.

          SUMMARY  :  Establishes a defined no-trapping buffer zone around  
          Joshua Tree National Park in which the trapping of bobcats would  
          be prohibited; requires the Fish and Game Commission (FGC) by  
          regulation to establish and delineate no-trapping buffer zones  
          adjacent to the boundaries of other parks, monuments and  
          wildlife refuges within which bobcat trapping is currently  
          prohibited; and requires the FGC to consider prohibiting bobcat  
          trapping within and adjacent to other conservation areas  
          identified by the public, and to prohibit trapping of bobcats in  
          such areas, by regulation, if FGC determines such protections  
          are warranted.

           The Senate amendments  :

          1)Clarify that the FGC, at its next regularly scheduled mammal  
            hunting and trapping rulemaking process after January 1, 2014,  
            is required to amend its regulations 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 currently prohibited.

          2)Clarify that the FGC, commencing January 1, 2016, is required  
            to consider whether to prohibit bobcat trapping within, and  
            adjacent to, preserves, state conservancies, and any other  
            public or private conservation areas identified by the public,  
            and shall amend its regulations to prohibit bobcat trapping in  
            any such area the FGC determines to warrant protection.

          3)Requires the FGC, in addition to setting trapping license  
            fees, to also set other associated fees, including but not  
            limited to fees for shipping tags, in any season in which  
            bobcat trapping is allowed, at levels necessary to fully  
            recover all reasonable administrative and implementation costs  








                                                                  AB 1213
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            of the Department of Fish and Wildlife (DFW) and the FGC  
            associated with the trapping of bobcats, including, but not  
            limited to, enforcement costs.

           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 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 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  








                                                                  AB 1213
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            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 Senate Appropriations  
          Committee:

          1)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.

          2)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.

           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 requires the FGC by regulation to prohibit  
          bobcat trapping in buffer zones adjacent to the boundaries of  
          each national or state park, national monument or wildlife  
          refuge in which bobcat trapping is currently prohibited.  The  
          exact area of the buffer zone where trapping would be prohibited  
          would be delineated by the FGC using readily identifiable  
          features such as highways and major roads, such as those  
          delineated in this bill for Joshua Tree National Monument.  In  
          addition, the FGC would be required to consider whether bobcat  
          trapping within and adjacent to other preserves, state  
          conservancies or conservation areas should be prohibited when  
          requested by the public.  Whether such additional no-trapping  
          zones would be established would be up to the FGC's  
          determination as to whether protection is warranted.  Trapping  
          of bobcats on private property without the written consent of  
          the property owner would also be prohibited by this bill.  

          The Senate amendments clarify the FGC's responsibilities and  
          authority regarding the establishment of additional no-trapping  
          buffer zones around other protected areas.  The Senate  








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          amendments also expand the fees that would be required to be  
          adjusted to cover the associated administrative costs.  The  
          Assembly version required that trapping license fees be set by  
          the FGC at a level sufficient to cover all reasonable  
          administrative and implementation costs.  The Senate amendments  
          add other associated fees, including but not limited to shipping  
          tag fees paid by commercial trappers, and clarify that  
          reasonable administrative and implementation costs include  
          enforcement costs.  


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


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