AB 2210, as introduced, Williams. Nongame mammals: depredators.
(1) Existing law provides that red fox squirrels, among other specified species, that are found to be injuring growing crops or other property may be taken at any time or in any manner in accordance with the Fish and Game Code and regulations adopted pursuant to that code by the owner or tenant of the premises or by employees and agents in immediate possession of written permission from the owner or the tenant. Existing law prohibits the sale of raw furs that are taken pursuant to these provisions. Existing law also requires that traps used pursuant to these provisions be inspected and all animals in the traps be removed at least once daily. A violation of the Fish and Game Code or any regulation adopted pursuant to this code is a misdemeanor.
This bill would revise these provisions to provide that nonnative fox squirrels (Sciurus niger), instead of red fox squirrels, may be taken as specified above. The bill would also prohibit the barter of raw furs, and would require that all animals in the traps be removed within 24 hours of the setting of a trap instead of at least once daily. The bill would require that nontargeted species be released unharmed and not taken. The bill would make other nonsubstantive changes to these provisions.
(2) Existing law authorizes the Department of Fish and Wildlife to enter into cooperative agreements with any agency of the state or the United States for the purpose of controlling harmful nongame mammals and authorizes the department to take any mammal which, in its opinion, is unduly preying upon any bird, mammal, or fish.
This bill would instead authorize the department to take any mammal that it determines is unduly preying on any bird, mammal, or fish.
(3) Because a violation of the Fish and Game Code or any regulation adopted pursuant to that code is a misdemeanor, the bill would create new crimes, and thus, impose a state-mandated local program.
(4) 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 4152 of the Fish and Game Code is
2amended to read:
(a) Except as provided in Section 4005, nongame
4mammals and black-tailed jackrabbits, muskrats, subspecies of
5red fox that are not the native Sierra Nevada red fox (Vulpes vulpes
6necator), andbegin delete redend deletebegin insert nonnativeend insert fox squirrelsbegin insert (Sciurus niger)end insert that are
7found to be injuring growing crops or other propertybegin insert,end insert may be taken
8at any time or in any manner in accordance with this code and
9regulations
adopted pursuant to this code by the owner or tenant
10of the premises orbegin insert byend insert employees and agents in immediate
11possession of written permission from the owner or tenantbegin delete thereof. begin insert of the property.end insert
12Theyend delete
13begin insert(b)end insertbegin insert end insertbegin insertThe animals specified in subdivision (a)end insertbegin insert end insertmay also be taken
14by officers or employees of the Department of Food and
15Agriculture or by federal, county, or city officers or employees
16when acting in their official capacities pursuant to the Food
and
17Agricultural Code pertaining to pests, or pursuant to Article 6
18(commencing with Section 6021) of Chapter 9 of Part 1 of Division
194begin insert,end insert of the Food and Agricultural Code.begin delete Personsend delete
20begin insert(c)end insertbegin insert end insertbegin insertPersonsend insert
taking mammals in accordance with this section are
21exempt from Section 3007, except when providing trapping
P3 1services for a fee. Raw furs, as defined in Section 4005, that are
2taken under this section, shall not be soldbegin insert or barteredend insert.
3(b)
end delete
4begin insert(d)end insert Traps used pursuant to this section shall be inspected and
5all animals in the traps shall be removed at least oncebegin delete dailyend deletebegin insert
within
6a 24end insertbegin insert-hour period following the setting of a trap. Nontargeted
7species shall be released unharmed and may not be takenend insert. The
8inspection and removal shall be done by the person who sets the
9trap or the owner of the land where the trap is set orbegin insert byend insert an agent
10of eitherbegin insert the owner or the person who set the trapend insert.
Section 4153 of the Fish and Game Code is amended
12to read:
begin insert(a)end insertbegin insert end insertThe department may enter into cooperative
14agreements with any agency of the state or the United States for
15the purpose of controlling harmful nongame mammals.
16 The
end delete
17begin insert (b)end insertbegin insert end insertbegin insertTheend insert department may take any mammalbegin delete which, in its opinion,end delete
18begin insert
that it determinesend insert is unduly preying upon any bird, mammal, or
19fish.
No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.
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