Senate BillNo. 457


Introduced by Senator Nielsen

(Coauthors: Senators Berryhill and Stone)

(Coauthor: Assembly Member Olsen)

February 25, 2015


An act to amend Section 4155 of the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL’S DIGEST

SB 457, as introduced, Nielsen. Bobcat Protection Act of 2013.

Existing law, the Bobcat Protection Act of 2013, makes it unlawful to trap any bobcat, or attempt to do so, or to sell or export any bobcat or part of any bobcat taken in the area surrounding Joshua Tree National Park, as specified. The act requires the Fish and Game Commission to amend its regulations to prohibit the trapping of bobcats adjacent to the boundaries of each national or state park and national monument or wildlife refuge in which bobcat trapping is prohibited. The act also requires the commission, commencing January 1, 2016, to consider whether to prohibit bobcat trapping within, and adjacent to, preserves, state conservancies, and any other public or private conservation areas identified to the commission by the public as warranting protection, and to amend its regulations accordingly, as specified. The act requires the commission to delineate the boundaries of an area in which bobcat trapping is prohibited pursuant to these provisions using readily identifiable features, such as highways or other major roads, such as those delineated for Joshua Tree National Park.

This bill would provide that these features also include, but are not limited to, landmarks, and would make other nonsubstantive changes to these provisions.

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

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

P2    1

SECTION 1.  

Section 4155 of the Fish and Game Code is
2amended to read:

3

4155.  

(a) begin deleteBeginning January 1, 2014, it end deletebegin insertIt end insertshall be unlawful
4to trap any bobcat, or attempt to do so, or to sell or export any
5bobcat or part of any bobcat taken in the area surrounding Joshua
6Tree National Park, defined as follows: East and South of State
7Highway 62 from the intersection of Interstate 10 to the intersection
8of State Highway 177; West of State Highway 177 from the
9intersection of State Highway 62 to the intersection with Interstate
1010; North of Interstate 10 from State Highway 177 to State
11Highway 62.

12(b) (1) Through the commission’s next regularly scheduled
13mammal hunting and trapping rulemaking process occurring after
14January 1, 2014, the commission shall amend its regulations to
15prohibit the trapping of bobcats adjacent to the boundaries of each
16national or state park and national monument or wildlife refuge in
17which bobcat trapping is prohibited.

18(2) Commencing January 1, 2016, the commission shall consider
19whether to prohibit bobcat trapping within, and adjacent to,
20preserves, state conservancies, and any additional public or private
21conservation areas identified to the commission by the public as
22warranting protection. The commission, as necessary, shall amend
23its regulations through its next subsequently scheduled mammal
24hunting and trapping rulemaking process to prohibit bobcat
25trapping in any area determined by the commission to warrant
26protection.

27(3) The commission shall delineate the boundaries of an area
28in which bobcat trapping is prohibited pursuant to paragraph (1)
29or (2) using readily identifiablebegin delete features, such asend deletebegin insert features,
30including, but not limited to,end insert
highwaysbegin delete orend deletebegin insert,end insert other majorbegin delete roads,end deletebegin insert roads,
31or landmarks,end insert
such as those delineated for Joshua Tree National
32Park in subdivision (a).

33(c) The prohibition on the trapping of bobcats in the areas
34designated pursuant to subdivisions (a) and (b) shall not apply to
35the taking of any bobcat by employees of the department acting
P3    1in an official capacity, to a taking in accordance with the conditions
2of a scientific, educational, or propagation permit pursuant to
3Section 1002 by the holder of that permit, or to the lawful taking
4of bobcats found to be injuring crops or other property pursuant
5to Section 4152 or other provisions of this code or regulations
6adopted pursuant to this code.

7(d) Notwithstanding Section 2016 or any other provisions of
8thisbegin delete code, on and after January 1, 2014,end deletebegin insert code,end insert it shall be unlawful
9to trap any bobcat, or attempt to do so, on any private land not
10belonging to the trapper without the express written consent of the
11owner of that property. The placing or possession of any trap or
12the possession of a bobcat or part thereof on any land is prima
13facie evidence of a violation of this subdivision.

14(e) Consistent with the requirements of subdivision (c) of
15Section 4006, the commission shall set trapping license fees and
16associated fees, including, but not limited to, shipping tags required
17pursuant to Section 479 of Chapter 6 of Subdivision 2 of Division
181 of Title 14 of the California Code of Regulations, for the 2014-15
19season, and any subsequent seasons in which bobcat trapping is
20allowed, at the levels necessary to fully recover all reasonable
21administrative and implementation costs of the department and
22the commission associated with the trapping of bobcats in the state,
23including, but not limited to, enforcement costs.

24(f) This section does not limit the ability of the department or
25the commission to impose additional requirements, restrictions,
26or prohibitions related to the taking of bobcats, including a
27complete prohibition on the trapping of bobcats pursuant to this
28code.



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