BILL NUMBER: AB 1213 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Bloom
FEBRUARY 22, 2013
An act to amend Section 4000 of, and to add Section 4013 to, the
Fish and Game Code, relating to fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
AB 1213, as amended, Bloom. The Bobcat Protection Act of 2013.
Existing law enumerates the fur-bearing mammals that may be taken
only with a trap, a firearm, a bow and arrow, or poison under a
proper permit, or with the use of dogs.
Existing law dogs, and requires
that every person, other than a fur dealer, who
traps fur-bearing mammals or nongame mammals designated by the Fish
and Game Commission, or who sells raw furs of those mammals, to
procure a trapping license. Existing law provides for
the issuance of fur dealer licenses. A violation of
any of the provision of the Fish and Game Code, or any rule,
regulation, or order made or adopted under those provisions, is a
misdemeanor, unless otherwise specified.
This bill would enact the Bobcat Protection Act of 2013
and that would, among other things, add the
bobcat to the list of fur-bearing mammals subject to the
licensing and other requirements for fur-bearing mammals specified
above . This bill would, notwithstanding the
above-described provisions, make it unlawful to trap any bobcat, or
attempt to do so, or to sell or export any bobcat or part thereof
taken in California, or to receive, transport, or possess any bobcat
or any part or product thereof taken in violation of these provisions
or regulations adopted by the commission, except as specified. By
creating a new crime, the bill would impose a state-mandated local
program.
This bill would authorize the Department of Fish and Game to
prepare a management plan for the taking of bobcats pursuant to
trapping and hunting licenses that is based on various factors,
including, among others, population estimates for bobcats, and an
estimate of costs to the department for implementing the management
plan. The bill would require the management plan to include, among
other things, a prohibition on trapping bobcats on private land
without the consent of the owner. The bill would authorize the Fish
and Game Commission to promulgate regulations consistent with the
management plan, and would specify that if regulations are not
promulgated by July 1, 2015, specified provisions would
take effect, including, among others, provisions that would make it
unlawful to trap or attempt to trap, or sell or export a
bobcat, as specified. Because a violation of the provisions of the
management plan and regulations adopted by the commission would be a
misdemeanor, the bill would impose a state-mandated local program.
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 1. This act shall be known, and may be cited, as the
Bobcat Protection Act of 2013.
SEC. 2. The Legislature finds and declares all of the following:
(a) It is the intent of the Legislature in adopting this act to
ensure that the bobcat (Lynx rufus) remains a fully functional
component of the ecosystems it inhabits throughout its range in
California.
(b) The Legislature recognizes that bobcats are an irreplaceable
part of California's natural habitat, and that, as predators of small
mammals, bobcats play an important role in regulating the
population of rodents in California's deserts, forests, and
grasslands.
(c) The Legislature further recognizes that millions of people
visit California's national and state parks and other public and
private conservation areas for the purposes of, among other things,
viewing wildlife, including bobcats, and that this visitation
contributes millions of dollars to California's economy.
(d) The Legislature further recognizes that bobcats and other
native wildlife often cross the boundaries of national parks and
other protected areas into adjacent areas where the taking of bobcats
is currently allowed pursuant to the Fish and Game Code and the
regulations adopted pursuant to that code.
(e) While bobcats are hunted and trapped primarily for their fur,
rather than being classified as "fur-bearing mammals" under the Fish
and Game Code, bobcats are considered "nongame mammals" under the
laws of this state and consequently current California laws and
regulations provide no limits on the sex, age, location, or number of
bobcats that may be taken by licensed trappers on private and public
lands in California where the taking of wildlife is not otherwise
prohibited.
(f) Current regulations provide for the commercial sale and export
of bobcat pelts taken by hunters or trappers in California.
(g) The Legislature further finds that a rise in the demand for
bobcat pelts in China and other foreign markets has resulted in a
substantial increase in the number of trappers taking bobcats as well
as in the number of bobcats taken for commercial purposes in
California.
(h) Reliable population estimates do not exist for bobcats
statewide in California and neither the Department of Fish and
Wildlife or the Fish and Game Commission possesses adequate data to
determine a sustainable harvest limit for bobcats.
SEC. 3. Section 4000 of the Fish and Game Code is amended to read:
4000. The following are fur-bearing mammals: pine marten, fisher,
mink, river otter, gray fox, red fox, kit fox, raccoon, beaver,
badger, bobcat, and muskrat.
SEC. 4. Section 4013 is added to the Fish and
Game Code, to read:
4013. (a) Notwithstanding Sections 4002, 4003, 4005, and 4006,
and Article 2 (commencing with Section 4030), it is unlawful to trap
any bobcat, or attempt to do so, or to sell or export any bobcat or
part thereof taken in California, or to receive, transport, or
possess any bobcat or any part or product thereof taken in violation
of this code or regulations adopted pursuant to this code.
(b) This section does not apply to the taking of any bobcat by
employees of the department acting in an official capacity or to a
taking in accordance with the conditions of a scientific or
propagation permit by the holder of that permit.
(c) This section does not apply to any bobcat or any part or
product thereof lawfully possessed prior to January 1, 2014, or to
the lawful taking of bobcats found to be injuring crops or property
that are taken under depredation permits issued pursuant to Section
4180, this code, or the regulations adopted pursuant to this code.
SEC. 4. Section 4013 is added to the
Fish and Game Code , to read:
4013. (a) The department may prepare a plan setting forth a
proposed management regime for the taking of bobcats pursuant to
trapping and hunting licenses. The management plan shall be based
upon and include the following:
(1) A current population estimate for bobcats at the statewide,
regional, and county levels. The estimate shall be generated using
modern population census techniques, such as mark and recapture
studies, scat and track surveys, DNA sampling, and camera trapping.
The estimate may not be based solely upon harvest data or habitat
modeling. For each area included in the population estimate, the
department shall rely upon recent area-specific data on bobcat
abundance and population trend. Consistent with the requirements of
Section 703.3 that all resource management decisions be informed by
credible science, the department shall, to the maximum extent
practicable, rely upon recent published, peer-reviewed studies in
generating the population estimate.
(2) An estimate of maximum sustainable harvest limits for bobcats
at the statewide, regional, and county levels. The estimate shall be
based upon California-specific studies on bobcat fecundity,
survivorship, and habitat use, accounting for the differences among
ecosystems within the state. The estimate shall take into account
other sources of human-caused mortality to bobcats such as road
mortality, rodenticide poisoning, and habitat loss. In determining a
sustainable harvest level, the department shall, consistent with the
requirements of Section 1755, consider not just the continued
viability of bobcats, but also the goal of maintaining bobcat
abundance so as to not appreciably diminish either their role in
ecosystem maintenance or the likelihood and opportunity of bobcat
encounters for nonconsumptive uses such as wildlife viewing.
(3) An estimate of the full costs to the department of
implementing the management plan, including the costs of
administering, monitoring, and enforcing a harvest regime.
(4) An estimate of the full economic and ecosystem values of
bobcats in California, including their role in regulating rodent
populations, and the economic contributions of nonconsumptive uses
such as tourism, wildlife viewing, photography, and property values.
(5) A full consideration of restrictions on harvest, including
no-harvest zones in and around state and national parks and other
protected areas, prohibitions within residential areas and other
areas where conflicts with nonconsumptive uses may be reasonably
anticipated to occur, area-specific limits, bag limits, and
restrictions of age and gender of animals taken.
(6) The management plan shall include, but is not limited to, the
following provisions:
(A) A prohibition on trapping within two miles from the boundaries
of national and state parks and preserves, national wildlife
refuges, and any other public or private conservation area identified
by the department or commission following consultation with the
public.
(B) A prohibition on trapping in any county or other subarea of
the state where the department lacks a reliable population estimate
generated from data gathered within the previous five years.
(C) A prohibition on trapping on private land without the express
written consent of the owner.
(D) Area and individual harvest limits sufficient to prevent
depletion of bobcat populations at the local scale.
(E) License and tagging fees sufficient to fully offset on an
annual basis the costs estimated by the department pursuant to
paragraph (3) and as otherwise required by subdivision (c) of Section
4006.
(7) Any proposed management plan shall be prepared in conformance
with the requirements of the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code) and other applicable laws, and be subject to public review and
comment. During the preparation of the management plan, the
department shall hold a minimum of six public hearings, including in
Los Angeles, San Francisco, and other representative areas of the
state.
(b) Upon completion of any proposed management plan prepared
pursuant to subdivision (a) by the department, the commission may
promulgate regulations consistent with that plan.
(c) If no final regulations are promulgated by the commission
pursuant to subdivision (b) by July 1, 2015, the following provisions
shall take effect and shall remain in effect unless repealed by
statute.
(1) Notwithstanding Sections 4002, 4003, 4005, and 4006, and
Article 2 (commencing with Section 4030), or any provision of the
regulations adopted pursuant to this code, it is unlawful to trap any
bobcat, or attempt to do so, or to sell or export any bobcat or part
of any bobcat taken in California, or to receive, transport, or
possess any bobcat or any part or product of any bobcat taken in
violation of this code or regulations adopted pursuant to this code.
(2) The prohibition on the trapping of bobcats pursuant to
paragraph (1) does not apply to the taking of any bobcat by employees
of the department acting in an official capacity or to a taking in
accordance with the conditions of a scientific or propagation permit
by the holder of that permit, or to the lawful taking of bobcats
found to be injuring crops or property that are taken under
depredation permits issued pursuant to Section 4180 or other
provisions of this code, or the regulations adopted pursuant to this
code.
(3) The prohibition on the sale or export of bobcats or any part
of a bobcat pursuant to paragraph (1) does not apply to any bobcat or
any part or product of any bobcat lawfully possessed before July 1,
2015.
(d) Beginning January 1, 2014, it is 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. The prohibition shall
remain in effect irrespective of whether the management plan and
regulations contemplated in subdivisions (a) and (b) are adopted.
This prohibition on the trapping of bobcats does not apply to the
taking of any bobcat by employees of the department acting in an
official capacity or to a taking in accordance with the conditions of
a scientific or propagation permit by the holder of that permit, or
to the lawful taking of bobcats found to be injuring crops or
property that are taken under depredation permits issued pursuant to
Section 4180 or other provisions of this code, or the regulations
adopted pursuant to this code.
SEC. 5. 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.