BILL ANALYSIS Ó
AB 1213
Page 1
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
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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
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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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