BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
                             Senator Fran Pavley, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 457          Hearing Date:    April 14,  
          2015
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          |Author:    |Nielsen                |           |                 |
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          |Version:   |April 6, 2015                                        |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Katharine Moore                                      |
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                       Subject:  Bobcat Protection Act of 2013


          BACKGROUND AND EXISTING LAW
          Bobcats are classified as non-game mammals in California and may  
          be hunted or trapped, subject to certain restrictions, with the  
          purchase of appropriate licenses and tags, as specified.  Bobcat  
          pelts must be tagged, and cannot be sold or transported without  
          a specified shipping tag.

          In 2013, the Legislature passed the Bobcat Protection Act of  
          2013 (AB 1213, Bloom, c. 748, Statutes of 2013)(Act).  News  
          stories contemporaneous with the passage of AB 1213 reported  
          that bobcat trapping was increasing due, in part, to a booming  
          trade in bobcat pelts. Reports indicate a single bobcat pelt can  
          now sell for $600 with higher prices paid for exceptional pelts.  
          During 2014, reports indicate that a recent spike in prices  
          resulted in pelts selling for as much as $2,100 each.

          AB 1213 prohibited the trapping of bobcats in and around Joshua  
          Tree National Park and on private lands without the explicit  
          permission of the landowner.  Additionally, it directed the Fish  
          and Game Commission (Commission) to:
           start its regulatory process in 2014 to prohibit bobcat  
            trapping adjacent to protected areas (such as state parks)  
            where bobcat trapping is banned.  The boundaries established  
            by the commission are required to use readily identifiable  
            features, such as highways or other major roads.
           consider, starting in 2016, whether additional prohibitions on  







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            bobcat trapping in/around conservation areas are warranted,  
            and
           set trapping fees to cover the costs to the Department of Fish  
            and Wildlife (Department) and commission of the trapping  
            program, including enforcement.

          AB 1213 also included numerous relevant legislative findings,  
          and did not alter trapping for depredation purposes (e.g. pest  
          control).

          Although somewhat behind schedule, the commission is in the  
          process of developing the regulations to implement AB 1213, and  
          final action is likely by the fall of 2015.  The commission will  
          receive an update on AB 1213 implementation at its April 9, 2015  
          hearing.  Supporting materials for that hearing note that:
           the department has developed a proposal that includes proposed  
            boundaries on bobcat trapping consistent with existing law  
            based upon readily-identifiable features, including major  
            roads and highways,
           the regulatory proposal will include an option to implement a  
            statewide ban on bobcat trapping per the commission's request  
            (see the commission's December 3, 2014 hearing actions), and
           roughly $600K in upfront and $342K in ongoing annual program  
            costs are anticipated, and emphasize that enforcement costs  
            continue even if a statewide trapping ban is imposed.

          Letters from trappers to the commission recommend limited (one  
          quarter mile) buffer zones around protected areas and the use of  
          other landmarks besides roads to delineate boundaries of no  
          trapping zones.

          PROPOSED LAW
          This bill would expand the definition of readily identifiable  
          boundaries in the act to include non-major roads, landmarks, or  
          geographic positions, such as those provided by the Global  
          Positioning System (GPS).  There are additional technical  
          corrections.

          ARGUMENTS IN SUPPORT
          According to the author, the bill "clarifies the list of  
          suggested items that the [commission] may consider while  
          delineating boundaries of areas where bobcat trapping is  
          prohibited."  The author continues that "the [commission] is  
          only considering major highways and roads while drawing  








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          boundaries; the consequences of not applying other 'readily  
          identifiable features' are boundary proposals that ban trapping  
          in nearly 60 percent of California."  

          ARGUMENTS IN OPPOSITION
          The Center for Biological Diversity and others state, "[b]obcats  
          should be protected both for their intrinsic value and because  
          they are an essential part of the ecosystems they inhabit.   
          Millions of people visit California's parks and wildlands each  
          year for the purpose of viewing wildlife, including bobcats, and  
          such visitation contributes well over 3 billion dollars annually  
          to the state's economy.  As such, the conservation and fiscal  
          interests of the California public who overwhelmingly support  
          the protection of bobcats surely outweigh the private profit  
          interests of the few dozen trappers serving foreign fashion  
          markets who would benefit from SB 457."

          They continue that "SB 457 - by changing the requirements of a  
          rulemaking process that is already underway and is statutorily  
          required to be completed before the changes of SB 457 would ever  
          take effect - is untimely, unnecessary, and ultimately serves no  
          purpose but to undermine a legislatively-directed rulemaking.   
          Moreover, substantively, the bill would replace a clear standard  
          for the setting of non-trapping buffer zones with one that is  
          completely ambiguous, thereby undermining implementation and  
          enforcement.  SB 457 lacks any criteria regarding the size of  
          the required buffers and, consequently, would allow buffers that  
          are potentially so narrow as to be ecologically meaningless,  
          permitting trappers to kill bobcats near the boundaries of  
          national and state parks and thus defeating the very purpose of  
          the protections of AB 1213." 

          The Center adds that "[h]ighways were chosen to delimit the  
          buffer, not just because they are easy to identify and  
          understand, but also because it is an unfortunate reality in the  
          modern world that highways and other major roads act as major  
          impediments to wildlife movement.  The bobcats that inhabit  
          Joshua Tree and other national parks, wander freely out of the  
          parks' boundaries, but their home ranges rarely extend across  
          busy highways that are nearly impossible for these animals to  
          safely cross.  Consequently, in most circumstances a  
          highway-delimited no-trapping zone largely can protect a park's  
          bobcat population."  According to the Center, "[d]uring the  
          legislative process for AB 1213, trappers suggested amendments  








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          that would replace the highway buffers with ones based on [a]  
          short measured distance from park boundaries" which were  
          rejected, and that SB 457 "would amend the law to allow the  
          trappers' previously rejected proposals to be retroactively  
          implemented through a future commission rulemaking process."

          Additionally, the Humane Society of the United States states  
          that bobcats rarely pose a public safety threat, and play an  
          important predatory role in the ecosystem.

          COMMENTS
           Bill is premature  .  The commission's regulatory development to  
          implement AB 1213 is still underway.  While one of the options  
          proposed by the department to the commission may prohibit bobcat  
          trapping in many parts of the state, over 70% of the commercial  
          bobcat take, almost entirely by trapping, occurred in just five  
          counties in the 2013 - 2014 hunting year (Inyo, Kern, Modoc, San  
          Bernardino and Siskiyou).  These counties appear, in whole or in  
          part, to be included in the draft proposed bobcat trapping zones  
          from the December 3, 2014 commission hearing.  Additionally,  
          should SB 457 become law, it could result in increased costs to  
          the state should the commission be forced to re-open its  
          regulatory proceedings.

           The use of major roads as boundaries  .  It is not unusual for  
          major roadways to be used in the establishment of different  
          zones for the purposes of the commission or the department. A  
          department presentation to the commission at its December 3,  
          2014 meeting noted that the use of GPS technology, while  
          offering some perceived advantages, was contrary to statute and  
          also presented potentially difficult enforcement issues.  In  
          contrast, the use of major roadways provided clearly defined  
          zones that were easier to enforce, although more portions of the  
          state were closed to bobcat trapping.  The specific text of AB  
          1213 states that "readily identifiable features, such as  
          highways or other major roads, such as those delineated for  
          Joshua Tree National Park in subdivision (a)."  The description  
          of boundaries for Joshua Tree National Park uses state highways,  
          interstates and their intersections.  Other features are not  
          used.

           Recent bobcat hunting and trapping data  . The most recent data  
          (for the 2013 - 2014 year) show that trappers took almost 1300  
          bobcats and sport hunters took about 310. Of the approximately  








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          822 trapping licenses issued in 2014, almost 600 of them were  
          for pest control, not recreational trapping.

           Cost recovery  .  The current trapping license fees for bobcats  
          raised approximately $90,000 in 2014 according to department  
          data (trapping licenses are about $115 for residents).  This is  
          about a factor of 6 - 7 less than the anticipated start-up costs  
          for the bobcat trapping program as well as a factor of 3 - 4  
          less than anticipated annual ongoing costs.  

           Bobcat population data  .  As noted in AB 1213's legislative  
          findings, good bobcat population data in the state are not  
          available.  The Governor's signing message asked the Legislature  
          to work with the department "to secure funding to survey our  
          bobcat population."  This has not yet occurred.  The author  
          argues in his background material for this bill that the survey  
          should be completed, although this bill does not do so.

          
          SUPPORT
          San Diego County Wildlife Federation

          OPPOSITION
          Animal Legal Defense Fund
          California Council for Wildlife Rehabilitators
          Center for Biological Diversity
          Defenders of Wildlife
          Environmental Protection Information Center
          The Humane Society of the United States
          Marin Humane Society
          Project Coyote
          Sierra Club California

          
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