BILL ANALYSIS Ó AB 2205 Page 1 Date of Hearing: April 29, 2014 ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE Anthony Rendon, Chair AB 2205 (Donnelly) - As Amended: April 23, 2014 SUBJECT : Hounding of bears SUMMARY : Allows a county-by-county reversal of the ban prohibiting the use of dogs to chase bears and eliminates authority for an optional hound tag program. Specifically, this bill : 1)Requires the Department of Fish and Wildlife (DFW) to report various bear-related information to the Fish and Game Commission (Commission) including, but not limited to, bear-related incidents, sale of bear tags the previous year, and if there is a need to adjust bear harvest quotas (bear-related report). 2)Requires DFW to notify the Boards of Supervisors of each county "affected by bear interactions" regarding the bear-related report. 3)Allows the Board of Supervisor of any notified County to hold a hearing and determine whether DFW shall allow the use of dogs to pursue bears and compel DFW to recommend to the Commission, and the Commission to adopt, regulations allowing the use of dogs to pursue bears in that County. 4)Eliminates Commission authority to establish a program requiring dogs that pursue mammals such as wild pigs to be issued a unique license tag and instead creates a bear stamp program for the use of hounds. EXISTING LAW : 1)Prohibits the use of dogs to pursue bears except under specified circumstances. 2)Allows dogs that are guarding livestock or crops to pursue bears. 3)Allows DFW to permit the use of not more than three dogs to pursue bears under a depredation permit under specified conditions including, but not limited, a requirement that AB 2205 Page 2 nonlethal and avoidance measures were first used. 4)Allows DFW to permit the use of dogs to pursue bears for the purpose of scientific knowledge that supports the sustainability of bears or healthy ecosystems. FISCAL EFFECT : Unknown COMMENTS : This bill would allow piecemeal, county-by-county reversals of SB 1221 (Lieu/2012) which went into effect January 1, 2013 and banned the practice of allowing dogs to chase bears. This bill attempts to correlate the elimination of hounding during the bear hunting season, which lasts approximately four months and takes place in the wilderness, with overall bear management or bear problems in the urban and rural human-bear interface. The practice of using dogs to hunt bears consists of setting packs of hounds loose that are specially bred and trained to chase after a fleeing animal while baying and barking to provide its location. Typically, the dogs are fitted with radio collars so that when the dogs are no longer within the field of vision or hearing of the hunters they can be located remotely. An animal that is being chased may run for a short distance or cover many miles as it attempts to escape. In two separate studies, scientists noted an average chase length of 3.2 hours with some chases lasting as long as 12 hours and covering 18 miles. If the dogs tree the animal during the chase, the hunter or hunters are then able to catch up and shoot it out of the tree or they can abandon it. This bill requires DFW to submit a report on bear-related incidents and then specifies that in response DFW should include recommendations on the possible need "to increase or reduce take in order to address bear management or population health concerns." However, as the analysis on SB 1221 noted, the use of dogs to hunt bear and bobcat is a recreational pursuit and not a DFW population management tool for bears. Of the 32 states that allow bear hunting, 18 permit the use of dogs and 15, including California, Colorado, Oregon, Montana, Washington, and Wyoming expressly prohibit it. In the original debate over SB 1221, proponents of hounding argued unsuccessfully that using dogs to pursue bears and bobcats was a valued tradition and a way of life for them and that their dogs were prized athletes that were well trained and AB 2205 Page 3 treated. They also asserted that hounding helped with bear and bobcat population management, public safety, and protection of property, livestock, and apiaries. They stated that the use of dogs was more humane that other types of hunting as it allowed for catch and release of animals and that hounding restrictions would result in lost revenues to DFW and local economies. Advocates for ending the practice of hounding bears and bobcats maintained that the use of hounds during the hunting of bears and bobcats was unnecessary and cruel because the hounds can attack the bear or bobcat or it may turn upon the hounds, resulting in potential injury to both. Advocates for the original ban stated that the failure of hound hunters to have physical control over their dogs, which are sometimes many miles away, put nontarget species, including threatened and endangered species, at collateral risk for injury and disease from exposure to dogs, their urine and feces. Advocates of the ban stated that the practice of hunting bears and bobcats with hounds was unsporting, inhumane, and inconsistent with protecting animal welfare, wildlife and natural resources. In the end, the Legislature and the governor were convinced by those arguments and SB 1221 was signed into law on September 26, 2012. In addition to reversing SB 1221, this bill would create a precedent of allowing county governments to compel State action with respect to wildlife. However, wildlife are not "owned" by the Counties where they reside, they are held in public trust for all of the people of California by the State. The only County-specific provision in Fish and Game Code is a process whereby counties can opt out of having an antlerless deer hunt. But that statutory principal is the opposite of this one: it allows Counties to be more protective of wildlife. It does not allow Counties to direct the State to be less protective. Supporting arguments : The author states that this bill would provide counties with local control over whether or not to allow the use of hounds to hunt bears and bobcats within their jurisdiction and that "counties deserve local authority over decisions which directly impact their economy, public safety and traditional lifestyles." The author states that bear guides and hunters "stay in local motels, purchase gas, eat in their restaurants and shop in local stores each fall." Supporters add that requiring DFW to make a triennial report to the Commission will "allow Counties to make an educated decision on what is best for their economy and the public, while appropriately allowing DFW and the Commission to make science-based decision AB 2205 Page 4 on bear management." Opposing arguments : Opponents argue that this legislation seeks to completely undermine California's new law while establishing a bizarre precedent for state wildlife management by county supervisor fiat. Opponents state that to "re-hear this issue again so soon without any evidence of necessity is a waste of the legislature's time and consequently, of taxpayers' money." Other opponents state that this bill would "allow counties to circumvent this needed reform, set a terrible precedent, and deliberately create a confusion of regulations and loopholes for those hoping to continue this outdated and cruel practice" and that "many states have successful hunting seasons without allowing hounding." REGISTERED SUPPORT / OPPOSITION : Support AB 2205 Page 5 California Houndsmen for Conservation (sponsor) Alcalde Ranch Amador County Board of Supervisors Butler Engineering Group Butte County Board of Supervisors California Coalition of Diving Advocates California Farm Bureau Federation Central California Sporting Dog Association Glenn County Board of Supervisors Humboldt County Board of Supervisors Lake County Board of Supervisors Lassen County Board of Supervisors Lassen County Fish and Game Commission Mendocino County Board of Supervisors Outdoor Sportsmen's Coalition of California Plumas County Board of Supervisors Safari Club International Calif. Chapters Scott Valley Veterinary Clinic Siskiyou County Board of Supervisors Sutter County Board of Supervisors Tehema County Board of Supervisors The California Sportsmen's Lobby, Inc. Tri County Houndsmen Trinity County Board of Supervisors Trophy Quest Taxidermy Tule River Houndsmen Yuba County Board of Supervisors Petition signed by numerous individuals Numerous individuals independently Opposition American Society for the Prevention of Cruelty to Animals Animal Rescue Team Bear Education Aversion Response League Best Friends Animal Society Bird Ally X/Humboldt Wildlife Care Center Earth Island Institute Environmental Protection Info. Center Humane Society Veterinary Medical Assoc. Injured and Orphaned Wildlife Klamath Forest Alliance Lions, Tigers & Bears Sanctuary and Rescue Los Padres Forest Watch Mountain Lion Foundation AB 2205 Page 6 ORV Watch Kern County Project Coyote Protecting Earth and Animals with Compassion and Education Public Interest Coalition San Francisco Society for the Prevention of Cruelty to Animals Santa Clara County Activists for Animals Sierra Club California Santa Cruz Society for the Prevention of Cruelty to Animals Sierra Wildlife Coalition Society for the Prevention of Cruelty to Animals Los Angeles The Fund for Animals Wildlife Center The Humane Society of the United States The Marin Humane Society Wildlife Education and Rehabilitation Center in Morgan Hill Numerous individuals AB 2205 Page 7 Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916) 319-2096