BILL NUMBER: AB 2210	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 20, 2014

   An act to amend Sections 4152 and 4153 of the Fish and Game Code,
relating to mammals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2210, as introduced, Williams. Nongame mammals: depredators.
   (1) Existing law provides that red fox squirrels, among other
specified species, that are found to be injuring growing crops or
other property may be taken at any time or in any manner in
accordance with the Fish and Game Code and regulations adopted
pursuant to that code by the owner or tenant of the premises or by
employees and agents in immediate possession of written permission
from the owner or the tenant. Existing law prohibits the sale of raw
furs that are taken pursuant to these provisions. Existing law also
requires that traps used pursuant to these provisions be inspected
and all animals in the traps be removed at least once daily. A
violation of the Fish and Game Code or any regulation adopted
pursuant to this code is a misdemeanor.
   This bill would revise these provisions to provide that nonnative
fox squirrels (Sciurus niger), instead of red fox squirrels, may be
taken as specified above. The bill would also prohibit the barter of
raw furs, and would require that all animals in the traps be removed
within 24 hours of the setting of a trap instead of at least once
daily. The bill would require that nontargeted species be released
unharmed and not taken. The bill would make other nonsubstantive
changes to these provisions.
   (2) Existing law authorizes the Department of Fish and Wildlife to
enter into cooperative agreements with any agency of the state or
the United States for the purpose of controlling harmful nongame
mammals and authorizes the department to take any mammal which, in
its opinion, is unduly preying upon any bird, mammal, or fish.
   This bill would instead authorize the department to take any
mammal that it determines is unduly preying on any bird, mammal, or
fish.
   (3) Because a violation of the Fish and Game Code or any
regulation adopted pursuant to that code is a misdemeanor, the bill
would create new crimes, and thus, impose a state-mandated local
program.
   (4) 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4152 of the Fish and Game Code is amended to
read:
   4152.  (a) Except as provided in Section 4005, nongame mammals and
black-tailed jackrabbits, muskrats, subspecies of red fox that are
not the native Sierra Nevada red fox (Vulpes vulpes necator), and
 red   nonnative  fox squirrels 
(Sciurus niger)  that are found to be injuring growing crops or
other property  ,  may be taken at any time or in any manner
in accordance with this code and regulations adopted pursuant to
this code by the owner or tenant of the premises or  by 
employees and agents in immediate possession of written permission
from the owner or tenant  thereof. They   of the
property. 
    (b)     The animals specified in
subdivision (a)    may also be taken by officers or
employees of the Department of Food and Agriculture or by federal,
county, or city officers or employees when acting in their official
capacities pursuant to the Food and Agricultural Code pertaining to
pests, or pursuant to Article 6 (commencing with Section 6021) of
Chapter 9 of Part 1 of Division 4  ,  of the Food and
Agricultural Code.  Persons 
    (c)     Persons  taking mammals in
accordance with this section are exempt from Section 3007, except
when providing trapping services for a fee. Raw furs, as defined in
Section 4005, that are taken under this section, shall not be sold
 or bartered  . 
   (b) 
    (d)  Traps used pursuant to this section shall be
inspected and all animals in the traps shall be removed at least once
 daily   within a 24   -hour period
following the setting of a trap. Nontargeted species shall be
released unharmed and may not be taken  . The inspection and
removal shall be done by the person who sets the trap or the owner of
the land where the trap is set or  by  an agent of either
 the owner or the person who set the trap  .
  SEC. 2.  Section 4153 of the Fish and Game Code is amended to read:

   4153.   (a)    The department may enter into
cooperative agreements with any agency of the state or the United
States for the purpose of controlling harmful nongame mammals.

    The 
    (b)     The  department may take any
mammal  which, in its opinion,   that it
determines  is unduly preying upon any bird, mammal, or fish.
  SEC. 3.  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.