BILL NUMBER: AB 1230 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 12, 2013
INTRODUCED BY Assembly Member Donnelly
FEBRUARY 22, 2013
An act to amend Section 2070 of 3960 of,
to add Section 4756 to, and to repeal Sections 3032, 3960.2, 3960.4,
and 3960.6 of, the Fish and Game Code, relating to
protected species mammals .
LEGISLATIVE COUNSEL'S DIGEST
AB 1230, as amended, Donnelly. Endangered species and
threatened species: establishment of lists. Mammals:
use of dogs to pursue bears and bobcats.
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.
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.
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.
This bill would repeal this authorization.
Under existing law, except as excluded, violations of the Fish
and Game Code are misdemeanors.
By changing the definition of a crime, this bill would impose a
state-mandated local program.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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.
This bill, instead, would require the commission to add or remove
species based upon the receipt of adequate, rather than sufficient,
scientific information.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3032 of the Fish and
Game Code is repealed.
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.
SEC. 2. Section 3960 of the Fish and
Game Code is amended to read:
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)
3960. (a) 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, to pursue any bear or bobcat
at any time, or to pursue any mammal in a game refuge or
ecological reserve if hunting within that refuge or ecological
reserve is unlawful.
(c) (1) The department may take any of the following actions:
(A) Capture
(b) (1) Employees
of the department may capture 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
, any bear or bobcat, or any fully protected, rare, or
endangered mammal.
(B) Capture
(2) Employees of the department may
capture 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 department
employee may capture or dispatch any dog inflicting injury
or immediately threatening to inflict injury on any bear or
bobcat at any time, or any fully protected, rare, or
endangered mammal at any time.
(C) Capture
(3) Employees of the department may
capture 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.
(2)
(c) No criminal or civil liability shall accrue to any
department employee as a result of enforcement of this section.
For the purpose of this section, "pursue" means pursue, run, or
chase.
(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.
(4)
(d) Owners of dogs with identification, that have been
captured or dispatched, shall be notified within 72 hours after
capture or dispatch.
SEC. 3. Section 3960.2 of the Fish and
Game Code is repealed.
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.
SEC. 4. Section 3960.4 of the Fish and
Game Code is repealed.
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).
SEC. 5. Section 3960.6 of the Fish and
Game Code is repealed.
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.
SEC. 6. Section 4756 is added to the
Fish and Game Code , to read:
4756. 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.
SEC. 7. 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.
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.