BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1480|
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THIRD READING
Bill No: SB 1480
Author: Corbett (D), et al.
Amended: 5/29/12
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 5-3, 4/10/12
AYES: Pavley, Kehoe, Padilla, Simitian, Wolk
NOES: La Malfa, Cannella, Fuller
NO VOTE RECORDED: Evans
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/24/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
SUBJECT : Trapping
SOURCE : Born Free USA
San Francisco Wildlife Center
DIGEST : This bill makes it unlawful to trap bats and
will restrict the netting and exclusion of bats, and
creates a special trapping license for persons offering
trapping services to the public and establish conditions
for use of that license.
ANALYSIS :
Existing law
Several key provisions of the Fish and Game Code deal with
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trapping of mammals.
1.Section 4005 requires those who trap fur-bearing mammals
or nongame mammals for profit to be licensed by the Fish
and Game Commission (Commission). The Department of Fish
and Game (DFG) has the responsibility to develop
standards for trappers which may be implemented in
regulations developed by the Commission. If not trapping
for profit, an owner of property or a tenant, as well as
various government officials, are not subject to this
limitation. Fees for trapping licenses are currently set
in statute in section 4006.
2.When commercial trapping services are used, Section 4152
imposes the important principle that limits trapping of
nongame mammals and other specified animals to situations
in which the animals are injuring growing crops or other
property. As above, if not trapping for profit, an owner
of property or a tenant, as well as various government
officials, are not subject to this limitation.
3.Section 4180 requires that traps used to kill fur-bearing
mammals must be inspected daily and any animals removed
at least daily.
4.Section 4004 limits the killer-type trap of the conibear
variety to 10 x 10 inches. Conibear traps are illegal
for fur trappers to use but nuisance wildlife trappers
may use them. Conibear traps come in a variety of sizes
and have a square frame with two rotating jaws. Larger
versions typically have two springs. Commercial fur
trappers are prohibited from using conibear traps but
nuisance wildlife trappers may. Only two other states
allow conibear traps of this size, Texas and Tennessee.
5.Section 4008 prohibits issuance of a trapping license
when a previous license has lapsed within one year unless
the applicant fully documents the fur-bearing or other
mammals that were trapped under the previous license,
among other criteria.
6.Government agencies are authorized to trap mammals
involved in dangerous human disease outbreaks.
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This bill:
1. Establishes nonlethal use of nets and exclusion as the
only legal methods of removing bats from a structure and
explicitly prohibit the trapping of bats.
2. Establishes a procedure that must be followed before
excluding bats from a structure, including contacting a
regional office of the DFG for assistance in addressing
this risk to human health or safety. DFG may recommend
an appropriate course of action.
3. Creates a Class II trapping license which applies to
those offering trapping services (Class I licenses is
for those who trap wildlife for recreation or fur). DFG
is required to publish on its Web site all Class II
licensees.
4. Puts conditions on trapping that occurs under a Class II
license. The Commission may issue a formal warning or
suspend a class license if the licensee has published
erroneous information about wildlife diseases. Trapping
license fees will be the same for Class I and Class II
licenses, and revenues from both will be deposited into
the newly created Trapping Enforcement Account within
the Fish and Game Preservation Fund. Monies in the new
account will be available to enforcement of trapping
laws and regulations.
5. Reduces the legal size of killer-type trap of the
conibear type to six inches by six inches unless the
trap is partially or wholly submerged in water and
restricts the manner in which a trapped mammal may be
killed.
6. Allows the Commission to set a separate Class II license
fee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, ongoing
costs of at least $400,000 from the Fish and Game
Preservation Fund (special) beginning in 2013-14 for the
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administration and implementation costs associated with a
class II trapping license. These costs will mostly, if not
completely, be recovered through a Class II License fee.
SUPPORT : (Verified 5/29/12)
Born Free USA (co-source)
San Francisco Wildlife Center (co-source)
Animal Protection and Rescue League
AnimalPlace
ASPCA
Bat Conservation International
California Council for Wildlife Rehabilitation
Humane Society of the United States
Last Chance for Animals
League of Humane Voters
Marin Humane Society
National Urban Wildlife Coalition
Native Animal Rescue
Ohlone Humane Society
Paw PAC
Project Coyote
Public Interest Coalition
RedRover
Sacramento SPCA
SPCA Los Angeles
Wildcare
WildEarth Guardians
Yolo County SPCA
OPPOSITION : (Verified 5/29/12)
Association of California Water Agencies
Animal Pest Management Services
California Cattlemen's Association
California Farm Bureau Federation
California Sportsman's Lobby
California Waterfowl Association
Outdoor Sportsman's Coalition of California
Safari Club International
ARGUMENTS IN SUPPORT : The Humane Society of the United
States (HSUS) has been concerned for years about the lack
of oversight of the nuisance wildlife industry. Some of
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the provisions of this bill have been enacted in
Washington, D.C., including the provisions designed to
prevent orphaning and prohibiting inhumane killing
practices. HSUS also supports the consumer protection
provisions of this bill.
Born Free USA and a coalition of other groups, points to
the policy against orphaning of young animals as one of the
main reasons for its support of this bill.
ARGUMENTS IN OPPOSITION : The California Waterfowl
Association argues that the license suspension or
revocation provisions are too broad and potentially too
severe to deal with minor infractions. It asks if the
prohibition against "false and misleading" information is
too subjective. And, it is concerned that a separate new
account for trapping license fees would limit the ability
of DFG to spend money from the Fish and Game Preservation
Fund for broader conservation objectives.
CTW:do 5/29/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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