Amended in Assembly March 12, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1230

Introduced by Assembly Member Donnelly

February 22, 2013

An act to amend Section begin delete 2070 of end delete begin insert 3960 of, to add Section 4756 to, and to repeal Sections 3032, 3960.2, 3960.4, and 3960.6 of, end insert the Fish and Game Code, relating to begin delete protected species end delete begin insert mammals end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1230, as amended, Donnelly. begin delete Endangered species and threatened species: establishment of lists. end delete begin insert Mammals: use of dogs to pursue bears and bobcats. end insert

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Existing law, with specified exceptions, makes it unlawful to permit or allow a dog to pursue any bear, as defined, or bobcat at any time. Existing law authorizes the Department of Fish and Wildlife to capture a dog not under the reasonable control of its owner or handler that is pursuing any bear or bobcat in violation of this prohibition or to capture or dispatch a dog inflicting injury or immediately threatening to inflict injury on any bear or bobcat at any time.

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This bill would eliminate this prohibition, the exceptions, and this authority of the department. This bill would instead generally prohibit a person from using dogs to hunt, pursue, or molest bears, but would permit the use of one dog per hunter for the hunting of bears during open deer season, and the use of more than one dog per hunter during the open bear season except during the period when archery deer seasons or regular deer seasons are open.

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Existing law authorizes the Fish and Game Commission to establish a hound tag program, imposing certain requirements on the licensure and use of hounds, as defined, to pursue mammals.

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This bill would repeal this authorization.

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Under existing law, except as excluded, violations of the Fish and Game Code are misdemeanors.

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By changing the definition of a crime, this bill would impose a state-mandated local program.

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 The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species. The act requires the commission to add or remove species from either list if it finds, upon the receipt of sufficient scientific information pursuant to the act, that the action is warranted.

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This bill, instead, would require the commission to add or remove species based upon the receipt of adequate, rather than sufficient, scientific information.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 3032 of the end insert begin insert Fish and Game Code end insert begin insert is
repealed. end insert

begin delete

3032.  

(a) As used in this section:

(1) “Bear” and “pursue” have the same meanings as defined in
Section 3960.

(2) “Hound” means a dog used to pursue mammals.

(b) The commission may establish a hound tag program.

(c) If a hound tag program is established, the commission may
require all of the following:

(1) That each hound be issued a license tag bearing a unique
identifying number that is to be worn at all times by the hound
while pursuing mammals.

(2) That all relevant local and state laws pertaining to dogs are
being followed while the hound is being used to pursue mammals.

(3) That each hound be microchipped with an implanted
transponder that has a unique identification code.

(4) That the owner maintain documentation showing that the
hound is current on all required vaccinations and treatments for
the prevention of rabies and any other disease specified by the
department.

(5) That the owner report, within 24 hours of its last sighting,
any hound that is lost during hunting, pursuing, or tracking
activities.

(6) That the hound’s tag identification number be recorded on
the hunting tag of any animal taken using the services of the hound.

(d) If a hound tag program is established, the commission may
adjust the amount of the fees for the hound tag as necessary, to
fully recover, but not exceed, all reasonable administrative and
implementation costs of the department and the commission
relating to the program.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 3960 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

begin delete

3960.  

(a) As used in this section:

(1) “Pursue” means pursue, run, or chase.

(2) “Bear” means any black bear (Ursus americanus) found in
the wild in this state.

(b) 

end delete

begin insert

begin insert 3960. end insert   

end insert

begin insert (a) end insert begin insert   end insert It is unlawful to permit or allow any dog to pursue
any big game mammal during the closed season on that mammal,
to pursue any fully protected, rare, or endangered mammal at any
time, begin delete to pursue any bear or bobcat at any time, end delete or to pursue any
mammal in a game refuge or ecological reserve if hunting within
that refuge or ecological reserve is unlawful.

begin delete

(c) (1) The department may take any of the following actions:

end delete begin delete

(A) Capture

end delete

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Employees of the department may capture end insert any dog not
under the reasonable control of its owner or handler, when that
uncontrolled dog is pursuing, in violation of this section, any big
game mammal begin delete , any bear or bobcat, end delete or any fully protected, rare, or
endangered mammal.

begin delete

(B) Capture

end delete

begin insert (2) end insert begin insert   end insert begin insert Employees of the department may capture end insert or dispatch any
dog inflicting injury or immediately threatening to inflict injury
to any big game mammal during the closed season on that mammal,
and the begin delete department end delete begin insert employee end insert may capture or dispatch any dog
inflicting injury or immediately threatening to inflict injury on begin delete any
bear or bobcat at any time, or end delete any fully protected, rare, or
endangered mammal at any time.

begin delete

(C) Capture

end delete

begin insert (3) end insert begin insert   end insert begin insert Employees of the department may capture end insert or dispatch any
dog inflicting injury or immediately threatening to inflict injury
to any mammal in a game refuge or ecological reserve if hunting
within that refuge or ecological reserve is unlawful.

begin delete

(2)

end delete

begin insert (c) end insert  No criminal or civil liability shall accrue to any department
employee as a result of enforcement of this section. begin insert For the purpose
of this section, “pursue” means pursue, run, or chase. end insert

begin delete

(3) This section does not apply to the use of dogs to pursue bears
or bobcats by federal, state, or local law enforcement officers, or
their agents or employees, when carrying out official duties as
required by law.

end delete begin delete

(4)

end delete

begin insert (d) end insert  Owners of dogs with identification, that have been captured
or dispatched, shall be notified within 72 hours after capture or
dispatch.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 3960.2 of the end insert begin insert Fish and Game Code end insert begin insert is repealed. end insert

begin delete

3960.2.  

(a) As used in this section, the terms “bear” and
“pursue” have the same meanings as defined in Section 3960.

(b) Notwithstanding Section 3960, not more than three dogs
may be used to pursue bears or bobcats pursuant to a depredation
permit issued by the department, if all of the following conditions
are met:

(1) The applicant demonstrates, in writing, that nonlethal and
avoidance measures were undertaken prior to requesting the
depredation permit.

(2) The applicant demonstrates, in writing, the specific need for
the use of dogs in carrying out the depredation permit.

(3) The depredation permit authorizing the use of dogs is valid
for the take of one bear or one bobcat.

(4) The depredation permit authorizing the use of dogs is valid
for a period not to exceed 20 consecutive days.

(5) The depredation permit specifies the name and address of
any dog handler who will be utilized in the pursuit or taking.

(6) The dog handler has the depredation permit in his or her
possession at all times during the pursuit or taking.

(7) The dog handler does not pursue a bear or bobcat more than
one mile off the property on which the depredation activity
occurred.

(c) After any taking of a bear, the applicant is required to submit
the skull to the department as described in the department’s Black
Bear Management Plan. No part of any bear taken pursuant to a
depredation permit may be sold, purchased, or possessed for sale,
as described in Section 4758.

(d) No holder of a depredation permit may solicit or receive
compensation from any person in exchange for carrying out the
terms of the permit. For these purposes, “compensation” means
remuneration paid in money, property, or anything else of value.

(e) The holder of a depredation permit, within 30 days of its
issuance, shall report to the department detailing the use of the
permit and the results of any pursuits, including information about
bear or bobcat pursued and whether the bear or bobcat was or was
not harmed, but not killed.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 3960.4 of the end insert begin insert Fish and Game Code end insert begin insert is repealed. end insert

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3960.4.  

(a) As used in this section, the terms “bear” and
“pursue” have the same meanings as defined in Section 3960.

(b) Notwithstanding Section 3960, the department may authorize
qualified individuals, educational institutions, governmental
agencies, or nongovernmental organizations to use dogs to pursue
bears or bobcats for the purpose of scientific research, provided
that the research project is designed to do all of the following:

(1) Contribute to knowledge of natural wildlife ecosystems.

(2) Follow best practices and minimize disruptions in the lives
and movements of bears, bobcats, and other wildlife, as well as
impacts to the habitat while maintaining the applicant’s objectives.

(3) Directly or indirectly support the sustainability and survival
of bear or bobcat populations and healthy ecosystems.

(4) Not include the intentional injury or killing of any bear or
bobcat.

(5) Not include the intentional relocation of any bear or bobcat
other than to areas suitable to them in the state. Any relocation
shall comply with the requirements of Section 4190.

(c) Any research project authorized pursuant to subdivision (b)
shall be undertaken pursuant to a memorandum of understanding
between the department and the authorized research entity that
addresses all of the following:

(1) Trapping and anesthetizing of the animals pursued, collection
of diagnostic samples, attaching or surgically implanting
monitoring or recognition devices or markings, and providing
veterinary care or euthanasia, as required, for the health, safety,
and humane treatment of the animals.

(2) Qualifications of onsite field supervisors necessary for
carrying out authorized research procedures.

(3) Immediate reporting of any incidental mortality or injury to
a bear or bobcat as a result of authorized research activities. Reports
of any incidental mortality or injury to a bear or bobcat shall be
made available to the public upon request.

(4) Filing of annual and final progress reports of research
involving pursuit by dogs. Annual and final progress reports shall
be made available to the public upon request.

(d) The department shall provide notice to the public of any
bear or bobcat research project authorized pursuant to subdivision
(b) at least 30 days prior to its initiation, and, upon request, shall
make available to the public copies of the memorandum of
understanding between the department and the authorized research
entity required pursuant to subdivision (c).

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 3960.6 of the end insert begin insert Fish and Game Code end insert begin insert is repealed. end insert

begin delete

3960.6.  

(a) As used in this section, the terms “bear” and
“pursue” have the same meanings as defined in Section 3960.

(b) Notwithstanding Section 3960, the pursuit of bears or bobcats
by dogs that are guarding or protecting livestock or crops on
property owned, leased, or rented by the owner of the dogs, is not
prohibited if the dogs are maintained with, and remain in
reasonable proximity to, the livestock or crops being guarded or
protected.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 4756 is added to the end insert begin insert Fish and Game Code end insert begin insert , to
read: end insert

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begin insert 4756. end insert   

Except as provided in this section it is unlawful to use
dogs to hunt, pursue, or molest bears. The use of one dog per
hunter is permitted for the hunting of bears during the time that
the season is open for the taking of deer in the area of the state
affected. The use of more than one dog per hunter is permitted in
the hunting of bears during the open season on bears in the area
of the state affected except during the period when archery deer
seasons or regular deer seasons are open.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert begin insert

 No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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begin delete

SECTION 1.  

Section 2070 of the Fish and Game Code is
amended to read:

2070.  

The commission shall establish a list of endangered
species and a list of threatened species. The commission shall add
or remove species from either list if it finds, upon the receipt of
adequate scientific information pursuant to this article, that the
action is warranted.

end delete