Senate Bill No. 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:

SECTION 1.  

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

4155.  

(a)  begin delete Beginning January 1, 2014, it end delete begin insert It end insert shall be 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, defined as follows: East and South of State
Highway 62 from the intersection of Interstate 10 to the intersection
of State Highway 177; West of State Highway 177 from the
intersection of State Highway 62 to the intersection with Interstate
10; North of Interstate 10 from State Highway 177 to State
Highway 62.

(b) (1) Through the commission’s next regularly scheduled
mammal hunting and trapping rulemaking process occurring after
January 1, 2014, the commission shall 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.

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

(3) The commission shall delineate the boundaries of an area
in which bobcat trapping is prohibited pursuant to paragraph (1)
or (2) using readily identifiable begin delete features, such as end delete begin insert features,
including, but not limited to, end insert highways begin delete or end delete begin insert , end insert other major begin delete roads, end delete begin insert roads,
or landmarks, end insert such as those delineated for Joshua Tree National
Park in subdivision (a).

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

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

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

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