Amended in Assembly April 23, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2205


Introduced by Assembly Member Donnelly

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(Coauthors: Assembly Members Grove, Logue, and Olsen)

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(Coauthors: Senators Anderson, Berryhill, Knight, and Nielsen)

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February 20, 2014


An act to amendbegin delete Section 3960 of, to add Section 4756 to, to repeal Sections 3032, 3960.4, and 3960.6 of,end deletebegin insert Sections 3960, 3960.2, 3960.4, and 3960.6 of, to add Sections 3960.3 and 4756 to,end insert and to repeal and add Sectionbegin delete3960.2end deletebegin insert 3032end insert of, the Fish and Game Code, relating to mammals.

LEGISLATIVE COUNSEL’S DIGEST

AB 2205, as amended, Donnelly. Mammals: use of dogs to pursue bearsbegin delete and bobcatsend delete.

(1) Existing law, with specified exceptions, makes it unlawful to permit or allow a dog to pursue any bear, as defined,begin delete or bobcatend delete 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 bearbegin delete or bobcatend delete in violation of this prohibition or to capture or dispatch a dog inflicting injury or immediately threatening to inflict injury on any bearbegin delete or bobcatend delete at any time.

This bill would eliminatebegin delete this prohibition, the exceptions, and this authority of the department. This bill would insteadend deletebegin insert the authority for the department to capture a dog not under the reasonable control of its owner or handler when the dog is pursuing any bear end insertbegin insertor to capture or dispatch a dog inflicting injury or immediately threatening injury on any bearend insertbegin insert. This bill wouldend insert require the Department of Fish and Wildlife to make a specified report to the Fish and Game Commission on the status of bear populations, management, and related issues every 3 years. The bill would require the first report to be submitted on or before December 15, 2015, and would require the department, not laterbegin delete thatend deletebegin insert thanend insert December 15 of each year the report is submitted, to notify, by certified mail, the board of supervisors of each county affected by bear interactions with the general public, of public safety impacts or concerns, bear depredation permit requests, and economic impacts due to bear damage to the extent of those incidences or impacts, and of its recommendations to the commission. This bill would generally prohibit a person from using dogs to hunt, pursue, or molest bears, except when recommended to the Department of Fish and Wildlife by a vote of the board of supervisors of any affected county following a public hearing, as specified. The bill would require the commission to authorize the use of dogs under those circumstances. This bill 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. By imposing new duties on local public officials, the bill would impose a state-mandated local program.

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(2) Existing law permits the Department of Fish and Wildlife to authorize qualified individuals, educational institutions, governmental agencies, or nongovernmental organizations to use dogs to pursue bears for the purpose of prescribed scientific research. Existing law allows the pursuit of bears by dogs that are guarding or protecting livestock or crops on property owned, leased, or rented by the owner of the dogs if the dogs are maintained with, and remain in reasonable proximity to, the livestock or crops being guarded or protect.

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This bill would eliminate these authorizations.

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(2)

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begin insert(3)end insert 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. For these purposes, existing law defines a hound as a dog used to pursuebegin delete mammalsend deletebegin insert mammals.end insert

This bill would repeal this authorization.begin insert This bill would define a hound as a dog used to pursue bears and require a hound stamp issued by the Department of Fish and Wildlife to lawfully pursue bears with hounds in a county where the use of hounds to pursue or take bears has been authorized by the commission. This bill would require the amount of the fee to be determined by the commission to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and commission relating to the hound stamp and the use of dogs to pursue bears. This bill would require the revenues from the fee for a hound stamp to be deposited in the Bear Report Account, which this bill would create, in the Fish and Game Preservation Fund, and available upon appropriation by the Legislature, to permit separate accountability for the receipt and expenditure of these funds.end insert

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(3)

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begin insert(4)end insert 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.

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(4)

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begin insert(5)end insert 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1

SECTION 1.  

Section 3032 of the Fish and Game Code is
2repealed.

3begin insert

begin insertSEC. 2.end insert  

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begin insertSection 3032 is added to the end insertbegin insertFish and Game Codeend insertbegin insert, to
4read:end insert

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5

begin insert3032.end insert  

(a) As used in this section, “hound” means a dog used
6to pursue bears.

7(b) A hound stamp issued by the department is required to
8lawfully pursue bears with hounds in a county in which the
9commission has authorized the use of hounds to pursue or take
10bears pursuant to subdivision (e) of Section 3960.3.

11(c) The fee for a hound stamp shall be an amount determined
12by the commission to fully recover, but not exceed, all reasonable
P4    1administrative and implementation costs of the department and
2the commission relating to the hound stamp and the use of dogs
3to pursue bears, including the reasonable hound-stamp-related
4costs of the triennial reporting required pursuant to subdivision
5(a) of Section 3960.3 that exceed historical reporting undertaken
6by the department.

7(d) Revenues from the fee for a hound stamp shall be deposited
8in the Bear Report Account, which is hereby created in the Fish
9and Game Preservation Fund, and available upon appropriation
10by the Legislature, to permit separate accountability for the receipt
11and expenditure of these funds.

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12

begin deleteSEC. 2.end delete
13begin insertSEC. 3.end insert  

Section 3960 of the Fish and Game Code is amended
14to read:

15

3960.  

(a) It is unlawful to permit or allow any dog to pursue
16any big game mammal during the closed season on that mammal,
17to pursue any fully protected, rare, or endangered mammal at any
18time, to pursue any bearbegin delete or bobcatend delete at any time, unless authorized
19pursuant to Sectionbegin delete 3960.2,end deletebegin insert 3960.3, to pursue any bobcat at any
20time,end insert
or to pursue any mammal in a game refuge or ecological
21reserve if hunting within that refuge or ecological reserve is
22unlawful.

23(b) (1) Employees of the department may capture any dog not
24under the reasonable control of its owner or handler, when that
25uncontrolled dog is pursuing, in violation of this section, any big
26gamebegin delete mammalend deletebegin insert mammal, bobcat,end insert or any fully protected, rare, or
27endangered mammal.

28(2) Employees of the department may capture or dispatch any
29dog inflicting injury or immediately threatening to inflict injury
30to any big game mammal during the closed season on that mammal,
31and the employee may capture or dispatch any dog inflicting injury
32or immediately threatening to inflict injury on anybegin insert bobcat or anyend insert
33 fully protected, rare, or endangered mammal at any time.

34(3) Employees of the department may capture or dispatch any
35dog inflicting injury or immediately threatening to inflict injury
36to any mammal in a game refuge or ecological reserve if hunting
37within that refuge or ecological reserve is unlawful.

38(c) No criminal or civil liability shall accrue to any department
39employee as a result of enforcement of this section. For the purpose
40of this section, “pursue” means pursue, run, or chase.

P5    1(d) Owners of dogs with identification that have been captured
2or dispatched shall be notified within 72 hours after capture or
3dispatch.

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SEC. 3.  

Section 3960.2 of the Fish and Game Code is repealed.

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5begin insert

begin insertSEC. 4.end insert  

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begin insertSection 3960.2 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
6to read:end insert

7

3960.2.  

(a) As used in this section, thebegin delete terms “bear” andend deletebegin insert termend insert
8 “pursue”begin delete haveend deletebegin insert hasend insert the samebegin delete meaningsend deletebegin insert meaningend insert as defined in
9Section 3960.

10(b) Notwithstanding Section 3960, not more than three dogs
11may be used to pursuebegin delete bears orend delete bobcats pursuant to a depredation
12permit issued by the department, if all of the following conditions
13are met:

14(1) The applicant demonstrates, in writing, that nonlethal and
15avoidance measures were undertaken prior to requesting the
16depredation permit.

17(2) The applicant demonstrates, in writing, the specific need for
18the use of dogs in carrying out the depredation permit.

19(3) The depredation permit authorizing the use of dogs is valid
20for the take ofbegin delete one bear orend delete one bobcat.

21(4) The depredation permit authorizing the use of dogs is valid
22for a period not to exceed 20 consecutive days.

23(5) The depredation permit specifies the name and address of
24any dog handler who will be utilized in the pursuit or taking.

25(6) The dog handler has the depredation permit in his or her
26possession at all times during the pursuit or taking.

27(7) The dog handler does not pursue abegin delete bear orend delete bobcat more than
28one mile off the property on which the depredation activity
29occurred.

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30(c) After any taking of a bear, the applicant is required to submit
31the skull to the department as described in the department’s Black
32Bear Management Plan. No part of any bear taken pursuant to a
33depredation permit may be sold, purchased, or possessed for sale,
34as described in Section 4758.

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35(d)

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36begin insert(c)end insert No holder of a depredation permit may solicit or receive
37compensation from any person in exchange for carrying out the
38terms of the permit. For these purposes, “compensation” means
39remuneration paid in money, property, or anything else of value.

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40(e)

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P6    1begin insert(d)end insert The holder of a depredation permit, within 30 days of its
2issuance, shall report to the department detailing the use of the
3permit and the results of any pursuits, including information about
4begin delete bear orend deletebegin insert anyend insert bobcat pursued and whether thebegin delete bear orend delete bobcat was or
5was not harmed, but not killed.

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6

SEC. 4.  

Section 3960.2 is added to the Fish and Game Code,
7to read:

8

3960.2.  

(a) On or before December 15, 2015, and on or before
9December 15 of every third year thereafter, the department shall
10report to the Fish and Game Commission on the status of bear
11populations and management. The report shall include, but is not
12limited to, department activities relating to bear management, the
13general health of bear populations, information on the incidences
14of bear interactions with the general public, public safety impacts
15and concerns, bear depredation permit requests, an estimate of the
16economic impact of damage done by bears, an estimate of the cost
17to the department to address bear-related incidents during the
18previous three years, and the amount of revenue derived from the
19sale of bear tags during the three previous fiscal years. The report
20shall also include recommendations to the commission regarding
21the possible need to adjust annual bear harvest quotas or to take
22steps necessary to increase or reduce take in order to address bear
23management or population health concerns.

24(b) Not later than December 15 of each year that a report is
25submitted pursuant to subdivision (a), the department shall notify
26the board of supervisors of each county affected by bear
27interactions with the general public, by certified mail, of public
28safety impacts or concerns, bear depredation permit requests, and
29economic impacts due to bear damage to the extent of those
30incidences or impacts, and of its recommendations to the
31commission pursuant to subdivision (a).

32(c) The board of supervisors of any county notified by the
33department may do either of the following:

34(1) Elect to hold a public hearing on the public safety,
35depredation, or economic impacts of bears in their county and the
36proposed recommendations of the department. The hearing shall
37be held prior to February 1 of that year. The director of the
38department or his or her representative shall attend the hearing.

39(2) Elect, by resolution, not to hold a public hearing.

P7    1(d) The board of supervisors of any county notified by the
2department which has held a public hearing may, not later than
3March 1 of that year, by resolution, recommend to the department
4that the use of dogs be authorized to pursue or take bears and
5bobcats in that county to assist in meeting bear management
6concerns. The recommendation shall be based upon the testimony
7and information presented at the hearing or presented to the board
8of supervisors at its meeting to consider the resolution.

9(e) The department shall recommend to the commission, and
10the commission shall authorize, the use of dogs to pursue or take
11bears and bobcats during the open season for those species in each
12county from which the department has received from the board of
13supervisors a resolution recommending that the use of dogs be
14authorized to pursue or take bears and bobcats in that county.

15(f) The commission shall amend its regulations relating to the
16use of dogs to pursue bears and bobcats as necessary to conform
17with this section.

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begin insertSEC. 5.end insert  

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begin insertSection 3960.3 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
19to read:end insert

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20

begin insert3960.3.end insert  

(a) On or before December 15, 2015, and on or before
21December 15 of every third year thereafter, the department shall
22report to the Fish and Game Commission on the status of bear
23populations and management. The report shall include, but is not
24limited to, department activities relating to bear management, the
25general health of bear populations, information on the incidences
26of bear interactions with the general public, public safety impacts
27and concerns, bear depredation permit requests, an estimate of
28the economic impact of damage done by bears, an estimate of the
29cost to the department to address bear-related incidents during
30the previous three years, and the amount of revenue derived from
31the sale of bear tags during the three previous fiscal years. The
32report shall also include recommendations to the commission
33regarding the possible need to adjust annual bear harvest quotas
34or to take steps necessary to increase or reduce take in order to
35address bear management or population health concerns.

36(b) Not later than December 15 of each year that a report is
37submitted pursuant to subdivision (a), the department shall notify
38the board of supervisors of each county affected by bear
39interactions with the general public, by certified mail, of public
40safety impacts or concerns, bear depredation permit requests, and
P8    1economic impacts due to bear damage to the extent of those
2incidences or impacts, and of its recommendations to the
3commission pursuant to subdivision (a).

4(c) The board of supervisors of any county notified by the
5department may do either of the following:

6(1) Elect to hold a public hearing on the public safety,
7depredation, or economic impacts of bears in their county and the
8proposed recommendations of the department. The hearing shall
9be held prior to February 1 of that year. The director of the
10department or his or her representative shall attend the hearing.

11(2) Elect, by resolution, not to hold a public hearing.

12(d) The board of supervisors of any county notified by the
13department which has held a public hearing may, not later than
14March 1 of that year, by resolution, recommend to the department
15that the use of dogs be authorized to pursue or take bears in that
16county to assist in meeting bear management concerns. The
17recommendation shall be based upon the testimony and information
18presented at the hearing or presented to the board of supervisors
19at its meeting to consider the resolution.

20(e) The department shall recommend to the commission, and
21the commission shall authorize, the use of dogs to pursue or take
22bears during the open season for those species in each county from
23which the department has received from the board of supervisors
24a resolution recommending that the use of dogs be authorized to
25pursue or take bears in that county.

26(f) The commission shall amend its regulations relating to the
27use of dogs to pursue bears as necessary to conform with this
28section.

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SEC. 5.  

Section 3960.4 of the Fish and Game Code is repealed.

end delete
30begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 3960.4 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
31to read:end insert

32

3960.4.  

(a) As used in this section, thebegin delete terms “bear” and
33“pursue” haveend delete
begin insert term “pursue” hasend insert the same meanings as defined
34in Section 3960.

35(b) Notwithstanding Section 3960, the department may authorize
36qualified individuals, educational institutions, governmental
37agencies, or nongovernmental organizations to use dogs to pursue
38begin delete bears orend delete bobcats for the purpose of scientific research, provided
39that the research project is designed to do all of the following:

40(1) Contribute to knowledge of natural wildlife ecosystems.

P9    1(2) Follow best practices and minimize disruptions in the lives
2and movements ofbegin delete bears, bobcats,end deletebegin insert bobcatsend insert and other wildlife, as
3well as impacts to the habitat while maintaining the applicant’s
4objectives.

5(3) Directly or indirectly support the sustainability and survival
6ofbegin delete bear orend delete bobcat populations and healthy ecosystems.

7(4) Not include the intentional injury or killing of anybegin delete bear orend delete
8 bobcat.

9(5) Not include the intentional relocation of anybegin delete bear orend delete bobcat
10other than to areas suitable to them in the state. Any relocation
11shall comply with the requirements of Section 4190.

12(c) Any research project authorized pursuant to subdivision (b)
13shall be undertaken pursuant to a memorandum of understanding
14between the department and the authorized research entity that
15addresses all of the following:

16(1) Trapping and anesthetizing of the animals pursued, collection
17of diagnostic samples, attaching or surgically implanting
18monitoring or recognition devices or markings, and providing
19veterinary care or euthanasia, as required, for the health, safety,
20and humane treatment of the animals.

21(2) Qualifications of onsite field supervisors necessary for
22carrying out authorized research procedures.

23(3) Immediate reporting of any incidental mortality or injury to
24abegin delete bear orend delete bobcat as a result of authorized research activities. Reports
25of any incidental mortality or injury to abegin delete bear orend delete bobcat shall be
26made available to the public upon request.

27(4) Filing of annual and final progress reports of research
28involving pursuit by dogs. Annual and final progress reports shall
29be made available to the public upon request.

30(d) The department shall provide notice to the public of any
31begin delete bear orend delete bobcat research project authorized pursuant to subdivision
32(b) at least 30 days prior to its initiation, and, upon request, shall
33make available to the public copies of the memorandum of
34understanding between the department and the authorized research
35entity required pursuant to subdivision (c).

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SEC. 6.  

Section 3960.6 of the Fish and Game Code is repealed.

end delete
37begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 3960.6 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
38to read:end insert

P10   1

3960.6.  

(a) As used in this section, thebegin delete terms “bear” and
2“pursue” haveend delete
begin insert term “pursue” hasend insert the same meanings as defined
3in Section 3960.

4(b) Notwithstanding Section 3960, the pursuit ofbegin delete bears orend delete bobcats
5by dogs that are guarding or protecting livestock or crops on
6property owned, leased, or rented by the owner of the dogs, is not
7prohibited if the dogs are maintained with, and remain in
8reasonable proximity to, the livestock or crops being guarded or
9protected.

10

begin deleteSEC. 7.end delete
11begin insertSEC. 8.end insert  

Section 4756 is added to the Fish and Game Code, to
12read:

13

4756.  

Except as provided in this section it is unlawful to use
14dogs to hunt, pursue, or molest bears. The use of one dog per hunter
15is permitted for the hunting of bears during the time that the season
16is open for the taking of deer in the area of the state affected. The
17use of more than one dog per hunter is permitted in the hunting of
18bears during the open season on bears in the area of the state
19affected except during the period when archery deer seasons or
20regular deer seasons are open.

21

begin deleteSEC. 8.end delete
22begin insertSEC. 9.end insert  

No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution for certain
24costs that may be incurred by a local agency or school district
25because, in that regard, this act creates a new crime or infraction,
26eliminates a crime or infraction, or changes the penalty for a crime
27or infraction, within the meaning of Section 17556 of the
28Government Code, or changes the definition of a crime within the
29meaning of Section 6 of Article XIII B of the California
30Constitution.

31However, if the Commission on State Mandates determines that
32this act contains other costs mandated by the state, reimbursement
33 to local agencies and school districts for those costs shall be made
34pursuant to Part 7 (commencing with Section 17500) of Division
354 of Title 2 of the Government Code.



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