Bill Text: CA AB2205 | 2013-2014 | Regular Session | Amended
Bill Title: Mammals: use of dogs to pursue bears.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2014-05-28 - From committee without further action pursuant to Joint Rule 62(a). [AB2205 Detail]
Download: California-2013-AB2205-Amended.html
BILL NUMBER: AB 2205 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2014
INTRODUCED BY Assembly Member Donnelly
( Coauthors: Assembly Members
Grove, Logue, and Olsen )
( Coauthors: Senators
Anderson, Berryhill, Knight, and
Nielsen )
FEBRUARY 20, 2014
An act to amend Section 3960 of, to add Section 4756 to,
to repeal Sections 3032, 3960.4, and 3960.6 of,
Sections 3960, 3960.2, 3960.4, and 3960.6 of, to add Sections 3960.3
and 4756 to, and to repeal and add Section 3960.2
3032 of, the Fish and Game Code, relating to
mammals.
LEGISLATIVE COUNSEL'S DIGEST
AB 2205, as amended, Donnelly. Mammals: use of dogs to pursue
bears and bobcats .
(1) Existing law, with specified exceptions, makes it unlawful to
permit or allow a dog to pursue any bear, as defined, or
bobcat at any time. Existing law authorizes the Department
of Fish and Wildlife to capture a dog not under the reasonable
control of its owner or handler that is pursuing any bear or
bobcat in violation of this prohibition or to capture or
dispatch a dog inflicting injury or immediately threatening to
inflict injury on any bear or bobcat at any time.
This bill would eliminate this prohibition, the
exceptions, and this authority of the department. This bill would
instead the authority for the department to capture a
dog not under the reasonable control of its owner or handler when the
dog is pursuing any bear or to capture or dispatch a dog
inflicting injury or immediately threatening injury on any bear
. This bill would require the Department of Fish and
Wildlife to make a specified report to the Fish and Game Commission
on the status of bear populations, management, and related issues
every 3 years. The bill would require the first report to be
submitted on or before December 15, 2015, and would require the
department, not later that than
December 15 of each year the report is submitted, to notify, by
certified mail, the board of supervisors of each county affected by
bear interactions with the general public, of public safety impacts
or concerns, bear depredation permit requests, and economic impacts
due to bear damage to the extent of those incidences or impacts, and
of its recommendations to the commission. This bill would generally
prohibit a person from using dogs to hunt, pursue, or molest bears,
except when recommended to the Department of Fish and Wildlife by a
vote of the board of supervisors of any affected county following a
public hearing, as specified. The bill would require the commission
to authorize the use of dogs under those circumstances. This bill
would permit the use of one dog per hunter for the hunting of bears
during open deer season, and the use of more than one dog per hunter
during the open bear season except during the period when archery
deer seasons or regular deer seasons are open. By imposing new duties
on local public officials, the bill would impose a state-mandated
local program.
(2) Existing law permits the Department of Fish and Wildlife to
authorize qualified individuals, educational institutions,
governmental agencies, or nongovernmental organizations to use dogs
to pursue bears for the purpose of prescribed scientific research.
Existing law allows the pursuit of bears by dogs that are guarding or
protecting livestock or crops on property owned, leased, or rented
by the owner of the dogs if the dogs are maintained with, and remain
in reasonable proximity to, the livestock or crops being guarded or
protect.
This bill would eliminate these authorizations.
(2)
(3) Existing law authorizes the Fish and Game
Commission to establish a hound tag program, imposing certain
requirements on the licensure and use of hounds, as defined, to
pursue mammals. For these purposes, existing law defines a hound as a
dog used to pursue mammals mammals.
This bill would repeal this authorization. This bill would
define a hound as a dog used to pursue bears and require a hound
stamp issued by the Department of Fish and Wildlife to lawfully
pursue bears with hounds in a county where the use of hounds to
pursue or take bears has been authorized by the commission. This bill
would require the amount of the fee to be determined by the
commission to fully recover, but not exceed, all reasonable
administrative and implementation costs of the department and
commission relating to the hound stamp and the use of dogs
to pursue bears. This bill would require the revenues from the fee
for a hound stamp to be deposited in the Bear Report Account, which
this bill would create, in the Fish and Game Preservation Fund, and
available upon appropriation by the Legislature, to permit separate
accountability for the receipt and expenditure of these
funds.
(3)
(4) Under existing law, except as excluded, violations
of the Fish and Game Code are misdemeanors.
By changing the definition of a crime, this bill would impose a
state-mandated local program.
(4)
(5) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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. Section 3032 of the Fish and Game Code is repealed.
SEC. 2. Section 3032 is added to the
Fish and Game Code , to read:
3032. (a) As used in this section, "hound" means a dog used to
pursue bears.
(b) A hound stamp issued by the department is required to lawfully
pursue bears with hounds in a county in which the commission has
authorized the use of hounds to pursue or take bears pursuant to
subdivision (e) of Section 3960.3.
(c) The fee for a hound stamp shall be an amount determined by the
commission to fully recover, but not exceed, all reasonable
administrative and implementation costs of the department and the
commission relating to the hound stamp and the use of dogs to pursue
bears, including the reasonable hound-stamp-related costs of the
triennial reporting required pursuant to subdivision (a) of Section
3960.3 that exceed historical reporting undertaken by the department.
(d) Revenues from the fee for a hound stamp shall be deposited in
the Bear Report Account, which is hereby created in the Fish and Game
Preservation Fund, and available upon appropriation by the
Legislature, to permit separate accountability for the receipt and
expenditure of these funds.
SEC. 2. SEC. 3. Section 3960 of the
Fish and Game Code is amended to read:
3960. (a) It is unlawful to permit or allow any dog to pursue any
big game mammal during the closed season on that mammal, to pursue
any fully protected, rare, or endangered mammal at any time, to
pursue any bear or bobcat at any time, unless
authorized pursuant to Section 3960.2,
3960.3, to pursue any bobcat at any time, or to pursue any
mammal in a game refuge or ecological reserve if hunting within that
refuge or ecological reserve is unlawful.
(b) (1) Employees of the department may capture any dog not under
the reasonable control of its owner or handler, when that
uncontrolled dog is pursuing, in violation of this section, any big
game mammal mammal, bobcat, or any
fully protected, rare, or endangered mammal.
(2) Employees of the department may capture or dispatch any dog
inflicting injury or immediately threatening to inflict injury to any
big game mammal during the closed season on that mammal, and the
employee may capture or dispatch any dog inflicting injury or
immediately threatening to inflict injury on any bobcat or any
fully protected, rare, or endangered mammal at any time.
(3) Employees of the department may capture or dispatch any dog
inflicting injury or immediately threatening to inflict injury to any
mammal in a game refuge or ecological reserve if hunting within that
refuge or ecological reserve is unlawful.
(c) No criminal or civil liability shall accrue to any department
employee as a result of enforcement of this section. For the purpose
of this section, "pursue" means pursue, run, or chase.
(d) Owners of dogs with identification that have been captured or
dispatched shall be notified within 72 hours after capture or
dispatch.
SEC. 3. Section 3960.2 of the Fish and Game
Code is repealed.
SEC. 4. Section 3960.2 of the Fish and
Game Code is amended to read:
3960.2. (a) As used in this section, the terms "bear"
and term "pursue" have
has the same meanings meaning as
defined in Section 3960.
(b) Notwithstanding Section 3960, not more than three dogs may be
used to pursue bears or bobcats pursuant to a
depredation permit issued by the department, if all of the following
conditions are met:
(1) The applicant demonstrates, in writing, that nonlethal and
avoidance measures were undertaken prior to requesting the
depredation permit.
(2) The applicant demonstrates, in writing, the specific need for
the use of dogs in carrying out the depredation permit.
(3) The depredation permit authorizing the use of dogs is valid
for the take of one bear or one bobcat.
(4) The depredation permit authorizing the use of dogs is valid
for a period not to exceed 20 consecutive days.
(5) The depredation permit specifies the name and address of any
dog handler who will be utilized in the pursuit or taking.
(6) The dog handler has the depredation permit in his or her
possession at all times during the pursuit or taking.
(7) The dog handler does not pursue a bear or
bobcat more than one mile off the property on which the depredation
activity occurred.
(c) After any taking of a bear, the applicant is required to
submit the skull to the department as described in the department's
Black Bear Management Plan. No part of any bear taken pursuant to a
depredation permit may be sold, purchased, or possessed for sale, as
described in Section 4758.
(d)
(c) No holder of a depredation permit may solicit or
receive compensation from any person in exchange for carrying out the
terms of the permit. For these purposes, "compensation" means
remuneration paid in money, property, or anything else of value.
(e)
(d) The holder of a depredation permit, within 30 days
of its issuance, shall report to the department detailing the use of
the permit and the results of any pursuits, including information
about bear or any bobcat pursued and
whether the bear or bobcat was or was not harmed,
but not killed.
SEC. 4. Section 3960.2 is added to the Fish and
Game Code, to read:
3960.2. (a) On or before December 15, 2015, and on or before
December 15 of every third year thereafter, the department shall
report to the Fish and Game Commission on the status of bear
populations and management. The report shall include, but is not
limited to, department activities relating to bear management, the
general health of bear populations, information on the incidences of
bear interactions with the general public, public safety impacts and
concerns, bear depredation permit requests, an estimate of the
economic impact of damage done by bears, an estimate of the cost to
the department to address bear-related incidents during the previous
three years, and the amount of revenue derived from the sale of bear
tags during the three previous fiscal years. The report shall also
include recommendations to the commission regarding the possible need
to adjust annual bear harvest quotas or to take steps necessary to
increase or reduce take in order to address bear management or
population health concerns.
(b) Not later than December 15 of each year that a report is
submitted pursuant to subdivision (a), the department shall notify
the board of supervisors of each county affected by bear interactions
with the general public, by certified mail, of public safety impacts
or concerns, bear depredation permit requests, and economic impacts
due to bear damage to the extent of those incidences or impacts, and
of its recommendations to the commission pursuant to subdivision (a).
(c) The board of supervisors of any county notified by the
department may do either of the following:
(1) Elect to hold a public hearing on the public safety,
depredation, or economic impacts of bears in their county and the
proposed recommendations of the department. The hearing shall be held
prior to February 1 of that year. The director of the department or
his or her representative shall attend the hearing.
(2) Elect, by resolution, not to hold a public hearing.
(d) The board of supervisors of any county notified by the
department which has held a public hearing may, not later than March
1 of that year, by resolution, recommend to the department that the
use of dogs be authorized to pursue or take bears and bobcats in that
county to assist in meeting bear management concerns. The
recommendation shall be based upon the testimony and information
presented at the hearing or presented to the board of supervisors at
its meeting to consider the resolution.
(e) The department shall recommend to the commission, and the
commission shall authorize, the use of dogs to pursue or take bears
and bobcats during the open season for those species in each county
from which the department has received from the board of supervisors
a resolution recommending that the use of dogs be authorized to
pursue or take bears and bobcats in that county.
(f) The commission shall amend its regulations relating to the use
of dogs to pursue bears and bobcats as necessary to conform with
this section.
SEC. 5. Section 3960.3 is added to the
Fish and Game Code , to read:
3960.3. (a) On or before December 15, 2015, and on or before
December 15 of every third year thereafter, the department shall
report to the Fish and Game Commission on the status of bear
populations and management. The report shall include, but is not
limited to, department activities relating to bear management, the
general health of bear populations, information on the incidences of
bear interactions with the general public, public safety impacts and
concerns, bear depredation permit requests, an estimate of the
economic impact of damage done by bears, an estimate of the cost to
the department to address bear-related incidents during the previous
three years, and the amount of revenue derived from the sale of bear
tags during the three previous fiscal years. The report shall also
include recommendations to the commission regarding the possible need
to adjust annual bear harvest quotas or to take steps necessary to
increase or reduce take in order to address bear management or
population health concerns.
(b) Not later than December 15 of each year that a report is
submitted pursuant to subdivision (a), the department shall notify
the board of supervisors of each county affected by bear interactions
with the general public, by certified mail, of public safety impacts
or concerns, bear depredation permit requests, and economic impacts
due to bear damage to the extent of those incidences or impacts, and
of its recommendations to the commission pursuant to subdivision (a).
(c) The board of supervisors of any county notified by the
department may do either of the following:
(1) Elect to hold a public hearing on the public safety,
depredation, or economic impacts of bears in their county and the
proposed recommendations of the department. The hearing shall be held
prior to February 1 of that year. The director of the department or
his or her representative shall attend the hearing.
(2) Elect, by resolution, not to hold a public hearing.
(d) The board of supervisors of any county notified by the
department which has held a public hearing may, not later than March
1 of that year, by resolution, recommend to the department that the
use of dogs be authorized to pursue or take bears in that county to
assist in meeting bear management concerns. The recommendation shall
be based upon the testimony and information presented at the hearing
or presented to the board of supervisors at its meeting to consider
the resolution.
(e) The department shall recommend to the commission, and the
commission shall authorize, the use of dogs to pursue or take bears
during the open season for those species in each county from which
the department has received from the board of supervisors a
resolution recommending that the use of dogs be authorized to pursue
or take bears in that county.
(f) The commission shall amend its regulations relating to the use
of dogs to pursue bears as necessary to conform with this section.
SEC. 5. Section 3960.4 of the Fish and Game
Code is repealed.
SEC. 6. Section 3960.4 of the Fish and
Game Code is amended to read:
3960.4. (a) As used in this section, the terms "bear"
and "pursue" have term "pursue" has the same
meanings as defined in Section 3960.
(b) Notwithstanding Section 3960, the department may authorize
qualified individuals, educational institutions, governmental
agencies, or nongovernmental organizations to use dogs to pursue
bears or bobcats for the purpose of scientific
research, provided that the research project is designed to do all of
the following:
(1) Contribute to knowledge of natural wildlife ecosystems.
(2) Follow best practices and minimize disruptions in the lives
and movements of bears, bobcats, bobcats
and other wildlife, as well as impacts to the habitat while
maintaining the applicant's objectives.
(3) Directly or indirectly support the sustainability and survival
of bear or bobcat populations and healthy
ecosystems.
(4) Not include the intentional injury or killing of any
bear or bobcat.
(5) Not include the intentional relocation of any bear or
bobcat other than to areas suitable to them in the state.
Any relocation shall comply with the requirements of Section 4190.
(c) Any research project authorized pursuant to subdivision (b)
shall be undertaken pursuant to a memorandum of understanding between
the department and the authorized research entity that addresses all
of the following:
(1) Trapping and anesthetizing of the animals pursued, collection
of diagnostic samples, attaching or surgically implanting monitoring
or recognition devices or markings, and providing veterinary care or
euthanasia, as required, for the health, safety, and humane treatment
of the animals.
(2) Qualifications of onsite field supervisors necessary for
carrying out authorized research procedures.
(3) Immediate reporting of any incidental mortality or injury to a
bear or bobcat as a result of authorized research
activities. Reports of any incidental mortality or injury to a
bear or bobcat shall be made available to the
public upon request.
(4) Filing of annual and final progress reports of research
involving pursuit by dogs. Annual and final progress reports shall be
made available to the public upon request.
(d) The department shall provide notice to the public of any
bear or bobcat research project authorized
pursuant to subdivision (b) at least 30 days prior to its initiation,
and, upon request, shall make available to the public copies of the
memorandum of understanding between the department and the authorized
research entity required pursuant to subdivision (c).
SEC. 6. Section 3960.6 of the Fish and Game
Code is repealed.
SEC. 7. Section 3960.6 of the Fish and
Game Code is amended to read:
3960.6. (a) As used in this section, the terms "bear"
and "pursue" have term "pursue" has the same
meanings as defined in Section 3960.
(b) Notwithstanding Section 3960, the pursuit of bears or
bobcats by dogs that are guarding or protecting livestock
or crops on property owned, leased, or rented by the owner of the
dogs, is not prohibited if the dogs are maintained with, and remain
in reasonable proximity to, the livestock or crops being guarded or
protected.
SEC. 7. SEC. 8. Section 4756 is
added to the Fish and Game Code, to read:
4756. Except as provided in this section it is unlawful to use
dogs to hunt, pursue, or molest bears. The use of one dog per hunter
is permitted for the hunting of bears during the time that the season
is open for the taking of deer in the area of the state affected.
The use of more than one dog per hunter is permitted in the hunting
of bears during the open season on bears in the area of the state
affected except during the period when archery deer seasons or
regular deer seasons are open.
SEC. 8. SEC. 9. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
