Amended in Assembly May 28, 2014

Amended in Assembly April 7, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2268

Introduced by Assembly Member Bigelow

February 21, 2014

begin delete An act relating to the Department of Fish and Wildlife. end delete begin insert An act to amend Sections 714, 3950, 3953, 4181, 4181.1, 4188, 4650, 4654, and 13005 of, to repeal Sections 4181.2, end insert begin insert 4656, and 4657 of, and to repeal and add Sections 4651, 4652, 4653, and 4655 of, the Fish and Game Code, relating to mammals. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2268, as amended, Bigelow. begin delete Department of Fish and Wildlife. end delete begin insert Game mammals: wild pig depredation. end insert

begin insert

(1) Existing law defines the term “wild pig” for purposes of managing, taking, or hunting that species.

end insert begin insert

The bill would also define “pigs” and prohibit the release of pigs into uncontrolled areas. The bill would provide that an area shall be deemed controlled if the pigs are regularly cared for and enclosed by a lawful fence, as defined. The bill would provide that an owner of a pig that escapes from a controlled area who has complied with this provision is not deemed to be in violation of any law that prohibits the release of any animal.

end insert begin insert

(2) Existing law requires the Department of Fish and Wildlife to prepare a management plan for wild pigs and provides that funds deposited in the Big Game Management Account shall be available to the department to be used for, among other things, acquiring land, completing projects, and implementing programs to benefit specified game mammals. Existing law authorizes the department to make grants to, reimburse, or enter into contracts or other agreements with nonprofit organizations for these purposes.

end insert begin insert

The bill would delete the requirement that the department prepare a management plan for wild pigs. The bill would also require the department’s granting criteria for Big Game Management Account programs to include consideration for projects that restore wildland habitat affected by wild pigs. The bill would also authorize the use of funds from this account for grants and reimbursement to, and contracts with, state and federal land management agencies for projects on lands that are open for hunting.

end insert begin insert

(3) Existing law classifies the wild pig as a game mammal and requires a person to procure, as specified, either a hunting license and a wild pig tag or a depredation permit in order to take a wild pig. However, existing law provides that any wild pig that is encountered while in the act of inflicting injury to, or damaging or destroying, or threatening to immediately damage or destroy, land or other property may be taken immediately by the owner or the owner’s employee or agent, as specified. Existing regulations prohibit a person with a hunting license and a wild pig tag from taking a wild pig between 1⁄2 hour after sunset and 1⁄2 hour before sunrise. Existing regulations authorize a person with a depredation permit to take a wild pig during the hours specified in the permit.

end insert begin insert

This bill would revise and recast the provisions applicable to wild pigs by, among other things, reclassifying the wild pig as a nongame mammal for taking or possessing purposes. The bill would replace the wild pig tag requirement with a validation on the hunting license that would allow for the unlimited take and possession of wild pigs. The bill would set the price of a wild pig validation at $15 for residents and $30 for nonresidents. The bill would prohibit the taking of wild pigs at night, as specified, except by landowners or their employees or agents of depredating wild pigs if the department is notified by 3:00 p.m. prior to the planned take or, if the daylight hours before the planned take are not on a business day, by 3:00 p.m. of the last business day before the planned take and the person taking the wild pig possesses a valid hunting license. The bill would provide that the permission granted for the planned take under these provisions applies to the night designated in the notification and the six nights following.

end insert begin insert

(4) Existing law establishes the base fees for wild pig tags beginning with the year 2004 and requires their adjustment annually according to the change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce. Existing law requires the Department of Fish and Wildlife to determine this change and to recalculate the current base fees charged for each license, stamp, permit, tag, or other entitlement issued by the department and requires the Fish and Game Commission to comply with these requirements.

end insert begin insert

This bill would instead, beginning with the 2014 license year, authorize the commission to adjust annually the base fees for wild pig validations to an amount that raises revenues not to exceed its costs of regulation relating to wild pigs.

end insert begin insert

(5) The bill would make other technical and conforming changes to these provisions.

end insert begin insert

(6) Because the bill would create new crimes, it would impose a state-mandated local program.

end insert begin insert

(7) 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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

Existing law requires the Department of Fish and Wildlife to prepare a plan for the management of wild pigs to determine the status and trend of wild pig populations and to designate management units within the state. Existing law requires the department, in preparing the plan, to consider available, existing information and literature relative to wild pigs.

end delete begin delete

This bill would require the department to conduct a study on the wild pig population in California that includes in its recommendations solutions to mitigate the wild pig population.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 714 of the end insert begin insert Fish and Game Code end insert begin insert is
amended to read: end insert

714.  

(a) In addition to Section 3031, 3031.2, 7149, 7149.05,
or 7149.2 and notwithstanding Section 3037, the department shall
issue lifetime sportsman’s licenses pursuant to this section. A
lifetime sportsman’s license authorizes the taking of birds,
mammals, fish, reptiles, or amphibia anywhere in this state in
accordance with law for purposes other than profit for the life of
the person to whom issued unless revoked for a violation of this
code or regulations adopted pursuant to this code. A lifetime
sportsman’s license is not transferable. A lifetime sportsman’s
license does not include any special tags, stamps, or other
entitlements.

(b) A lifetime sportsman’s license may be issued to residents,
as follows:

(1) To a person 62 years of age or over upon payment of a base
fee of seven hundred thirty dollars ($730).

(2) To a person 40 years of age or over and less than 62 years
of age upon payment of a base fee of one thousand eighty dollars
($1,080).

(3) To a person 10 years of age or over and less than 40 years
of age upon payment of a base fee of one thousand two hundred
dollars ($1,200).

(4) To a person less than 10 years of age upon payment of a
base fee of seven hundred thirty dollars ($730).

(c) This section does not require a person less than 16 years of
age to obtain a license to take fish, reptiles, or amphibia for
purposes other than profit or to obtain a license to take birds or
mammals, except as required by law.

(d) This section does not exempt an applicant for a license from
meeting other qualifications or requirements otherwise established
by law for the privilege of sport hunting or sport fishing.

(e) Upon payment of a base fee of four hundred forty-five dollars
($445), a person holding a lifetime hunting license or lifetime
sportsman’s license shall be issued annually one deer tag
application pursuant to subdivision (a) of Section 4332 and begin delete five end delete begin insert a end insert
wild pig begin delete tags end delete begin insert validation end insert issued pursuant to Section 4654. Lifetime
privileges issued pursuant to this subdivision are not transferable.

(f) Upon payment of a base fee of two hundred ten dollars
($210), a person holding a lifetime hunting license or lifetime
sportsman’s license shall be entitled annually to the privileges
afforded to a person holding a state duck stamp or validation issued
pursuant to Section 3700 or 3700.1 and an upland game bird stamp
or validation issued pursuant to Section 3682 or 3682.1. Lifetime
privileges issued pursuant to this subdivision are not transferable.

(g) The base fees specified in this section are applicable
commencing January 1, 2004, and shall be adjusted annually
thereafter pursuant to Section 713.

(h) The commission shall adjust the amount of the fees specified
in subdivision (g), as necessary, to fully recover, but not exceed,
all reasonable administrative implementation costs of the
department and the commission relating to those licenses.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 3950 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

3950.  

(a) Game mammals are: deer (genus Odocoileus), elk
(genus Cervus), prong-horned antelope (genus Antilocapra), begin delete wild
pigs, including feral pigs and European wild boars (genus Sus), end delete
black and brown or cinnamon bears (genus Euarctos), begin delete mountain
lions (genus Felis), end delete jackrabbits and varying hares (genus Lepus),
cottontails, brush rabbits, pigmy rabbits (genus Sylvilagus), and
tree squirrels (genus Sciurus and Tamiasciurus).

(b) Nelson bighorn sheep (subspecies Ovis canadensis nelsoni)
are game mammals only for the purposes of sport hunting described
in subdivision (b) of Section 4902.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 3953 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

3953.  

(a) The Big Game Management Account is hereby
established within the Fish and Game Preservation Fund.

(b) All revenues from the sale of antelope, elk, deer, begin delete wild pig, end delete
bear, and sheep tags, including any fundraising tags begin insert and wild pig
validations end insert , shall be deposited in the Big Game Management
Account to permit separate accountability for the receipt and
expenditure of these funds.

(c) Funds deposited in the Big Game Management Account
shall be available for expenditure upon appropriation by the
Legislature to the department. These funds shall be expended solely
for the purposes set forth in this section and Sections 3951 and
3952, and Chapter 5 (commencing with Section 450) of Division
1, Chapter 7 (commencing with Section 4650), and Chapter 11
(commencing with Section 4900), including acquiring land,
completing projects, and implementing programs to benefit
antelope, elk, deer, begin delete wild pigs, end delete bear, and sheep, and expanding
public hunting opportunities and related public outreach. begin insert The
department’s granting criteria shall include consideration for
projects that restore wildland habitat affected by wild pigs. end insert Any
land acquired with funds from the Big Game Management Account
shall be acquired in fee title or protected with a conservation
easement and, to the extent possible, be open or provide access to
the public for antelope, elk, deer, begin delete wild pig, end delete bear, or sheep hunting.
The department may also use funds from the Big Game
Management Account to pay for administrative and enforcement
costs of the programs and activities described in this section. The
amount allocated from the account for administrative costs shall
be limited to the reasonable costs associated with administration
of the programs and activities described in this section.

(d) The department may begin insert use funds from the Big Game
Management Account to end insert make grants to, reimburse, or enter into
contracts or other agreements as defined in subdivision (a) of
Section 1571 with, nonprofit organizations begin delete for the use of the funds
from the Big Game Management Account for the use of the funds
from the Big Game Management Account end delete begin insert or state and federal
land management agencies for projects on lands that are open for
hunting end insert to carry out the purposes of this section, including related
habitat conservation projects.

(e) An advisory committee, as determined by the department,
that includes interested nonprofit organizations that have goals
and objectives directly related to the management and conservation
of big game species and primarily represent the interests of persons
licensed pursuant to Section 3031 shall review and provide
comments to the department on all proposed projects funded from
the Big Game Management Account to help ensure that the
requirements of this section have been met. The department shall
post budget information and a brief description on an Internet Web
site for all projects funded from the Big Game Management
Account.

(f) Big game projects authorized pursuant to this section are not
subject to Part 2 (commencing with Section 10100) of Division 2
of the Public Contract Code or Article 6 (commencing with Section
999) of Chapter 6 of Division 4 of the Military and Veterans Code.

(g) The department shall maintain the internal accountability
necessary to ensure compliance with the collection, deposit, and
expenditure of funds specified in this section.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 4181 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

4181.  

(a) Except as provided in Section 4181.1, any owner or
tenant of land or property that is being damaged or destroyed or
is in danger of being damaged or destroyed by elk, bear, beaver,
wild begin delete pig, wild end delete turkeys, or gray squirrels, may apply to the
department for a permit to kill the animals. Subject to the
limitations in subdivisions (b) and (d), the department, upon
satisfactory evidence of the damage or destruction, actual or
immediately threatened, shall issue a revocable permit for the
taking and disposition of the animals under regulations adopted
by the commission. The permit shall include a statement of the
penalties that may be imposed for a violation of the permit
conditions. Animals so taken shall not be sold or shipped from the
premises on which they are taken except under instructions from
the department. No iron-jawed or steel-jawed or any type of
metal-jawed trap shall be used to take any begin delete bear end delete begin insert animal end insert pursuant
to this section. No poison of any type may be used to take any gray
squirrel or wild turkey pursuant to this section. The department
shall designate the type of trap to be used to ensure the most
humane method is used to trap gray squirrels. The department may
require trapped squirrels to be released in parks or other
nonagricultural areas. It is unlawful for any person to violate the
terms of any permit issued under this section.

(b) The permit issued for taking bears pursuant to subdivision
(a) shall contain the following facts:

(1) Why the issuance of the permit was necessary.

(2) What efforts were made to solve the problem without killing
the bears.

(3) What corrective actions should be implemented to prevent
reoccurrence.

begin delete end delete begin delete

(c) With respect to wild pigs, the department shall provide an
applicant for a depredation permit to take wild pigs or a person
who reports taking wild pigs pursuant to subdivision (b) of Section
4181.1 with written information that sets forth available options
for wild pig control, including, but not limited to, depredation
permits, allowing periodic access to licensed hunters, and holding
special hunts authorized pursuant to Section 4188. The department
may maintain and make available to these persons lists of licensed
hunters interested in wild pig hunting and lists of nonprofit
organizations that are available to take possession of depredating
wild pig carcasses.

end delete begin delete end delete begin delete

(d)

end delete

begin insert (c) end insert  With respect to elk, the following procedures shall apply:

(1) Prior to issuing a depredation permit pursuant to subdivision
(a), the department shall do all of the following:

(A) Verify the actual or immediately threatened damage or
destruction.

(B) Provide a written summary of corrective measures necessary
to immediately alleviate the problem.

(C) Determine the viability of the local herd, and determine the
minimum population level needed to maintain the herd.

(D) Ensure the permit will not reduce the local herd below the
minimum.

(E) Work with affected landowners to develop measures to
achieve long-term resolution, while maintaining viability of the
herd.

(2) After completing the statewide elk management plan
pursuant to Section 3952, the department shall use the information
and methods contained in the plan to meet the requirements of
subparagraphs (C), (D), and (E) of paragraph (1).

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 4181.1 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

4181.1.  

(a) Any bear that is encountered while in the act of
inflicting injury to, molesting, or killing, livestock may be taken
immediately by the owner of the livestock or the owner’s employee
if the taking is reported no later than the next working day to the
department and the carcass is made available to the department.

begin delete end delete begin delete

(b) Notwithstanding Section 4652, any wild pig that is
encountered while in the act of inflicting injury to, molesting,
pursuing, worrying, or killing livestock or damaging or destroying,
or threatening to immediately damage or destroy, land or other
property, including, but not limited to, rare, threatened, or
endangered native plants, wildlife, or aquatic species, may be taken
immediately by the owner of the livestock, land, or property or
the owner’s agent or employee, or by an agent or employee of any
federal, state, county, or city entity when acting in his or her official
capacity. The person taking the wild pig shall report the taking no
later than the next working day to the department and shall make
the carcass available to the department. Unless otherwise directed
by the department and notwithstanding Section 4657, the person
taking a wild pig pursuant to this subdivision, or to whom the
carcass of a wild pig taken pursuant to this subdivision is
transferred pursuant to subdivision (c), may possess the carcass
of the wild pig. The person in possession of the carcass shall make
use of the carcass, which may include an arrangement for the
transfer of the carcass to another person or entity, such as a
nonprofit organization, without compensation. The person who
arranges this transfer shall be deemed to be in compliance with
Section 4304. A violation of this subdivision is punishable pursuant
to Section 12000. It is the intent of the Legislature that nothing in
this subdivision shall be interpreted to authorize a person to take
wild pigs pursuant to this subdivision in violation of a state statute
or regulation or a local zoning or other ordinance that is adopted
pursuant to other provisions of law and that restricts the discharge
of firearms.

end delete begin delete end delete begin delete

(c)

end delete

begin insert (b) end insert  The department shall make a record of each report made
pursuant to subdivision (a) begin delete or (b) end delete and may have an employee of
the department investigate the taking or cause the taking to be
investigated. begin delete The person taking a wild pig shall provide information
as deemed necessary by the department. end delete Upon completion of the
investigation, the investigator may, upon a finding that the
requirements of this section have been met with respect to the
particular bear begin delete or wild pig end delete taken under subdivision begin delete (a) or (b), end delete begin insert (a), end insert
issue a written statement to the person confirming that the
requirements of this section have been met. begin delete The person who took
the wild pig may transfer the carcass to another person without
compensation. end delete

begin delete

(d)

end delete

begin insert (c) end insert  Notwithstanding Section 4763, any part of any bear lawfully
possessed pursuant to this section is subject to Section 4758.

begin delete

(e)

end delete

begin insert (d) end insert  Nothing in this section prohibits federal, state, or county
trappers from killing or trapping bears when the bears are killing
or molesting livestock, but no iron-jawed or steel-jawed or any
type of metal-jawed trap shall be used to take the bear, and no
person, including employees of the state, federal, or county
government, shall take bear with iron-jawed or steel-jawed or any
type of metal-jawed traps.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 4181.2 of the end insert begin insert Fish and Game Code end insert begin insert is repealed. end insert

begin delete

4181.2.  

For the purposes of this article relating to damage
caused by wild pigs, “damage” means loss or harm resulting from
injury to person or property. The department shall develop
statewide guidelines to aid in determining the damage caused by
wild pigs. The guidelines shall consider various uses of the land
impacted by pigs.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 4188 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

4188.  

(a) If a landowner or tenant applies for a permit under
Section 4181 for begin delete wild pigs or end delete wild turkeys, or under Section 4181.5
for deer, the department shall notify the landowner or tenant about
available options for allowing access by licensed hunters, including,
but not limited to, access authorized pursuant to Article 3
(commencing with Section 1570) of Chapter 5 of Division 2 to
control wild begin delete pigs, wild turkeys, end delete begin insert turkeys end insert and deer.

(b) The commission, in lieu of a permit as described in
subdivision (a), and with the consent of, or upon the request of,
the landowner or tenant, under appropriate regulations, may
authorize the issuance of permits to persons holding valid hunting
licenses to take wild begin delete pigs, wild turkeys, end delete begin insert turkeys end insert or deer in sufficient
numbers to stop the damage or threatened damage. Before issuing
permits to licensed hunters, the department shall investigate and
determine the number of permits necessary, the territory involved,
the dates of the proposed hunt, the manner of issuing the permits,
and the fee for the permit.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 4650 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

4650.  

begin insert (a) end insert begin insert   end insert Wild pigs, as used in this begin delete chapter, means end delete begin insert code, are end insert
free-roaming pigs not distinguished by branding, ear marking, or
other permanent identification methods.

begin insert

(b) For purposes of this code, pigs are of the species sus scrofa
and sus srofa domestica.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 4651 of the end insert begin insert Fish and Game Code end insert begin insert is repealed. end insert

begin delete

4651.  

(a) The department shall prepare a plan for the
management of wild pigs. Under the plan, the status and trend of
wild pig populations shall be determined and management units
shall be designated within the state. The plan may establish pig
management zones to address regional needs and opportunities.
In preparing the plan, the department shall consider available,
existing information and literature relative to wild pigs.

(b) The plan may include all of the following:

(1) The distribution and abundance of wild pigs, as described
in Section 3950.

(2) A survey of range conditions.

(3) Recommendations for investigations and utilization of wild
pigs.

(4) Encouraging mitigation of depredation by sport hunting
pursuant to this chapter.

(5) Live trapping and relocation of wild pigs to areas suitable
and accessible to mitigation of depredation, with the consent of
the landowner and after prior consultation with adjacent landowners
who, in the department’s opinion may be impacted, pursuant to
this chapter.

end delete

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 4651 is added to the end insert begin insert Fish and Game Code end insert begin insert ,
to read: end insert

begin insert

begin insert 4651. end insert   

(a) Wild pigs may be taken at any time of year, and in
any number by any person in possession of a valid hunting license,
but it shall be unlawful to possess any wild pig without first
procuring a wild pig validation pursuant to Section 4654.

(b) Notwithstanding subdivision (a), Section 3007, or any other
provision of this code or regulations adopted pursuant to this code
requiring possession of a hunting license, a landowner or lessee
or agent of either in immediate possession of written authority
from the landowner or lessee, shall not be required to obtain a
hunting license, wild pig validation, or depredation permit to take
wild pigs on land owned or leased by the landowner or lessee, if
that land, or property on that land, is being damaged or destroyed
or is in danger of being damaged or destroyed by wild pigs, except
as provided in subdivision (b) of Section 4652. However, it shall
be unlawful to possess any wild pig taken pursuant to this
subdivision by any person who does not possess a valid wild pig
validation.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 4652 of the end insert begin insert Fish and Game Code end insert begin insert is repealed. end insert

begin delete

4652.  

It is unlawful to take any wild pig, except as provided
in Section 4181, without first procuring a tag authorizing the taking
of that wild pig in accordance with this chapter.

end delete

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 4652 is added to the end insert begin insert Fish and Game Code end insert begin insert ,
to read: end insert

begin insert

begin insert 4652. end insert   

(a) Notwithstanding Section 3000, it is unlawful to take
any wild pig between one-half hour after sunset and one-half hour
before sunrise at the place of the taking, except as provided in
subdivision (b).

(b) A wild pig may be taken pursuant to subdivision (b) of
Section 4651 between one-half hour after sunset and one-half hour
before sunrise at the place of the taking, if the department receives
prior notice pursuant to Section 4653 and the person taking the
wild pig possesses a valid hunting license.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 4653 of the end insert begin insert Fish and Game Code end insert begin insert is repealed. end insert

begin delete

4653.  

The department may determine the design and type of
information to be included on the wild pig tag and prescribe the
procedures for the issuance and use of the tag.

end delete

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 4653 is added to the end insert begin insert Fish and Game Code end insert begin insert ,
to read: end insert

begin insert

begin insert 4653. end insert   

(a) A person who intends to take a wild pig between
one-half hour after sunset and one-half hour before sunrise shall
provide to the department his or her name and the location where
the taking of the wild pig is expected to occur by telephoning the
regional office nearest to the location of the expected take no later
than 3:00 p.m. prior to the night or morning of the take, or, if the
daylight hours before the planned take are not on a business day,
no later than 3:00 p.m. of the last business day before the planned
take.

(b) The permission granted pursuant to subdivision (a) shall
apply to the night designated in the notification and the six nights
following.

end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 4654 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

4654.  

(a) Any resident of this state, 12 years of age or older,
who possesses a valid hunting license, may procure begin delete the number
of end delete begin insert a end insert wild pig begin delete tags corresponding to the number of wild pigs that
may legally be taken by one person during the license year end delete
begin insert validation end insert upon payment of a base fee of fifteen dollars begin delete ($15), for
each wild pig tag. end delete begin insert ($15). end insert

(b) Any nonresident, 12 years of age or older, who possesses a
valid California nonresident hunting license, may procure begin delete the
number of end delete begin insert a end insert wild pig begin delete tags corresponding to the number of wild
pigs that may legally be taken by one person during the license
year end delete begin insert validation end insert upon payment of a base fee of begin delete fifty end delete begin insert thirty end insert dollars
begin delete ($50), for each wild pig tag. end delete begin insert ($30). end insert

(c) The base fees specified in this section are applicable to the
begin delete 2004 end delete begin insert 2014 end insert license year, and begin delete shall end delete begin insert may end insert be adjusted annually
begin delete thereafter pursuant to Section 713 end delete begin insert by the commission to an amount
that raises revenues not to exceed its costs of regulation relating
to wild pigs end insert .

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 4655 of the end insert begin insert Fish and Game Code end insert begin insert is repealed. end insert

begin delete

4655.  

Wild pig tags are valid only during that portion of the
current hunting license year in which wild pigs may be taken or
possessed in any area of the state.

end delete

begin insert

begin insert SEC. 17. end insert   

Section 4655 is added to the Fish and Game Code,
to read:

begin insert 4655. end insert   

(a) Pigs shall not be released into uncontrolled areas.
An area shall be deemed controlled if the pigs are regularly cared
for and enclosed by a lawful fence as defined in Section 17121 of
the Food and Agriculture Code.

(b) An owner of a pig that escapes from a controlled area who
has complied with subdivision (a) shall not be in violation of any
law that prohibits the release of any animal.

end insert

begin insert

begin insert SEC. 1 end insert begin insert 8. end insert   

end insert

begin insert Section 4656 of the end insert begin insert Fish and Game Code end insert begin insert is repealed. end insert

begin delete

4656.  

Revenues received pursuant to this chapter shall be
deposited in the Big Game Management Account established in
Section 3953. These funds shall be available for expenditure by
the department as set forth in Section 3953. The department shall
maintain all internal accounting measures necessary to ensure that
all restrictions on these funds are met.

end delete

begin insert

begin insert SEC. 1 end insert begin insert 9. end insert   

end insert

begin insert Section 4657 of the end insert begin insert Fish and Game Code end insert begin insert is repealed. end insert

begin delete

4657.  

The holder of a wild pig tag shall keep the tag in his or
her possession while hunting wild pig. Before the taking of any
wild pig, the holder of a wild pig tag, except for wild pig tags
issued through the Automated License Data System, shall legibly
write or otherwise affix his or her hunting license number to the
wild pig tag. Upon the killing of any wild pig, the date of the kill
shall be clearly marked by the holder of the tag on both parts of
the tag. Before transporting the pig, a tag shall be attached to the
carcass by the holder of the tag. The holder of the wild pig tag
shall immediately, upon harvesting a pig, notify the department
in a manner specified by the commission.

end delete

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 13005 of the end insert begin insert Fish and Game Code end insert begin insert is amended
to read: end insert

13005.  

(a) Notwithstanding Section 13001, the fees collected
from lifetime sportsman’s licenses and privileges issued pursuant
to Section 714, lifetime hunting licenses and privileges issued
pursuant to Section 3031.2, and lifetime sport fishing licenses and
privileges issued pursuant to Section 7149.2 shall be deposited as
follows:

(1) Twenty dollars ($20) from the initial issuance of each
lifetime license shall be deposited in the Fish and Game
Preservation Fund for use in accordance with Section 711.

(2) The balance of the fees collected shall be deposited in the
Lifetime License Trust Account which is hereby created in the
Fish and Game Preservation Fund. Except as provided in this
section, that principal amount of the money in the account from
the fee for a lifetime license shall not be used, except for
investment.

(b) The money in the Lifetime License Trust Account may be
transferred and invested through the Surplus Money Investment
Fund and all interest shall accrue to the account pursuant to
subdivision (g) of Section 16475 of the Government Code.

(c) Upon issuance of a lifetime license or lifetime privilege
issued pursuant to Section 714, 3031.2, or 7149.2, the department
shall transfer the following amounts from the Lifetime License
Trust Account to the Fish and Game Preservation Fund:

(1) Twenty-nine dollars and twenty-five cents ($29.25) for an
annual resident hunting license or an annual resident sport fishing
license.

(2) Seven dollars and twenty-five cents ($7.25) for a junior
hunting license.

(3) Nine dollars and twenty-five cents ($9.25) for one second-rod
stamp or validation issued pursuant to Section 7149.4 or Section
7149.45.

(4) Two dollars and fifty cents ($2.50) for one sport fishing
ocean enhancement stamp or validation issued pursuant to
subdivision (a) of Section 6596 or subdivision (a) of Section
6596.1.

(5) Three dollars and fifty cents ($3.50) for one Bay-Delta sport
fishing enhancement stamp or validation issued pursuant to Section
7360 or Section 7360.1.

(6) Three dollars and seventy-five cents ($3.75) for one steelhead
trout catch report-restoration card issued pursuant to Section 7380.

(7) One dollar ($1) for one salmon punchcard issued pursuant
to regulations adopted by the commission.

(8) Nineteen dollars and twenty-five cents ($19.25) for a deer
tag application issued pursuant to subdivision (a) of Section 4332.

begin delete end delete begin delete

(9) Eight dollars and seventy-five cents ($8.75) for five wild
pig tags issued pursuant to Section 4654.

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(10)

end delete

begin insert (9) end insert  Ten dollars ($10) for one state duck stamp or validation
issued pursuant to Section 3700 or 3700.1.

begin delete

(11)

end delete

begin insert (10) end insert  Six dollars and twenty-five cents ($6.25) for one upland
game bird stamp or validation issued pursuant to Section 3682 or
3682.1.

begin insert

begin insert SEC. 2 end insert begin insert 1. end insert   

end insert begin insert

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert

begin delete

SECTION 1.  

The Department of Fish and Wildlife shall
conduct a study on the wild pig population in California that
includes in its recommendations solutions to mitigate the wild pig
population.

end delete