BILL ANALYSIS Ó AB 1213 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1213 (Bloom) As Amended September 3, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |51-24|(May 30, 2013) |SENATE: |27-12|(September 9, | | | | | | |2013) | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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 AB 1213 Page 4 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 FN: 0002372