BILL NUMBER: AB 2657	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 21, 2014

   An act to add Section 12016.5 to the Fish and Game Code, relating
to fish and wildlife protection.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2657, as introduced, Bloom. Environmentally sensitive areas:
use of anticoagulants.
    Existing law requires the Director of Pesticide Regulation to, by
regulation, designate and establish a list of restricted materials
based upon, among other criteria, hazards related to persistent
residues in the soil resulting ultimately in contamination of the
air, waterways, estuaries, or lakes, with consequent damage to fish,
wild birds, and other wildlife. Existing law requires the director to
control and otherwise regulate the use of restricted materials, as
specified. Existing law requires the Fish and Game Commission and the
Department of Fish and Wildlife to protect and conserve the fish and
wildlife resources of the state by establishing ecological reserves
and by conserving, protecting, restoring, and enhancing any
endangered species or any threatened species and its habitat.
   This bill would prohibit the use of any poison, substance, or
product, other than its use as a prescription drug under the
direction of a licensed physician and surgeon, that contains one or
more of specified anticoagulants, including brodifacoum and
bromadiolone, in environmentally sensitive areas.
   Because a violation of this provision would be a misdemeanor, the
bill would create new crimes, thereby a imposing 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.
   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 12016.5 is added to the Fish and Game Code, to
read:
   12016.5.  (a) The use of any poison, substance, or product, other
than its use as a prescription drug under the direction of a licensed
physician and surgeon, that contains one or more of the following
anticoagulants is prohibited in an environmentally sensitive area.
   (1) Brodifacoum.
   (2) Bromadiolone.
   (3) Difenacoum.
   (4) Difethialone.
   (b) As used in subdivision (a), an "environmentally sensitive area"
has the same meaning as defined in Section 30107.5 of the Public
Resources Code, and includes, but is not limited to, any wetlands,
animal sanctuary, conservancy, state or national park, and any area
or habitat that is protected for any endangered or threatened
species, including animals, birds, fish, and insects.
  SEC. 2.  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.