Bill Text: CA AB1254 | 2019-2020 | Regular Session | Amended
Bill Title: Bobcats: take prohibition: hunting season: management plan.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2019-10-12 - Chaptered by Secretary of State - Chapter 766, Statutes of 2019. [AB1254 Detail]
Download: California-2019-AB1254-Amended.html
Amended
IN
Assembly
April 11, 2019 |
Amended
IN
Assembly
March 28, 2019 |
Assembly Bill | No. 1254 |
Introduced by Assembly Member Kamlager-Dove (Principal coauthor: Senator Allen) (Coauthor: Assembly Member Friedman) (Coauthors: Senators Galgiani and Portantino) |
February 21, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4152 of the Fish and Game Code is amended to read:4152.
(a) Except as provided in Section 4005, nongame mammals and black-tailed jackrabbits, muskrats, subspecies of red fox that are not the native Sierra Nevada red fox (Vulpes vulpes necator), and red fox squirrels that are found to be injuring growing crops or other property may be taken at any time or in any manner in accordance with this code and regulations adopted pursuant to this code by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant thereof. They may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city officers or employees when acting in their official capacities pursuant to the Food and Agricultural Code pertaining to pests, or pursuant to Article 6 (commencing with Section 6021) of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code. Persons taking mammals in accordance with this section are exempt from Section 3007, except when providing trapping services for a fee. Raw furs, as defined in Section 4005, that are taken under this section, shall not be sold.SEC. 2.
Section 4153 of the Fish and Game Code is amended to read:4153.
(a) The department may enter into cooperative agreements with any agency of the state or the United States for the purpose of controlling harmful nongame mammals.SEC. 3.
Section 4154 of the Fish and Game Code is amended to read:4154.
(a) The department may enter into cooperative contracts with the United States Fish and Wildlife Service in the Department of the Interior in relation to the control of nongame mammals and for that purpose may expend any money made available to the department for expenditure for the control or eradication of nongame mammals.SEC. 4.
Section 4156 is added to the Fish and Game Code, to read:4156.
(a) Except as provided in this chapter and notwithstanding any other law, it is unlawful for a person to hunt, trap, or otherwise take a bobcat.SEC. 5.
Section 4157 is added to the Fish and Game Code, to read:4157.
(a) Commencing January 1, 2025, the commission may amend its regulations, as necessary, through its mammal hunting and trapping rulemaking process to open a bobcat hunting season in any area determined by the commission to require a hunt.SEC. 6.
Section 4158 is added to the Fish and Game Code, to read:4158.
(a) No later than January 1, 2024, the department, in consultation with other relevant state agencies, local governments, federal agencies, nongovernmental organizations, landowners, and scientific entities, shall develop, upon appropriation by the Legislature, a bobcat management plan to inform and coordinate management decisions regarding bobcat populations. The bobcat management plan shall be submitted by the department to the commission and the Legislature and shall include all of the following:SEC. 5.SEC. 7.
Section 4181 of the Fish and Game Code is amended to read: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, bobcat, beaver, wild pig, wild turkeys, or grayExcept as provided in this chapter, and notwithstanding any other law, it is unlawful for a person to hunt, trap, or otherwise take a bobcat.
The prohibitions of this chapter shall not apply to any of the following:
(a)The take of a bobcat by a law enforcement officer or licensed veterinarian acting in the course and scope of official duty.
(b)The take of a bobcat based on a good faith belief that the take was necessary to protect a person from immediate bodily harm from the bobcat if both of the following conditions are met:
(1)The person who committed the take shall notify the department within 5 days after the take.
(2)No bobcat or part of the bobcat taken pursuant to this subdivision shall be retained,
sold, or removed from the site of the take without authorization from the department.
(c)The take of a bobcat pursuant to Section 3960.2, 3960.6, or 4181.
(d)The take of a bobcat pursuant to Section 1002 or 3960.4.
(e)The take of a bobcat pursuant to Chapter 2 (commencing with Section 2116) of Division 3.
(a)The department may adopt regulations to implement this chapter.
(b)Section 219 does not apply to this chapter. Neither the commission nor the department shall adopt any regulation that conflicts with or supersedes this subdivision.