Bill Text: CA AB2205 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 2205	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly

                        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, and to repeal and add Section
3960.2 of, the Fish and Game Code, relating to mammals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2205, as introduced, 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 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 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 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
   This bill would repeal this authorization.
   (3) 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) 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.

   3032.  (a) As used in this section:
   (1) "Bear" and "pursue" have the same meanings as defined in
Section 3960.
   (2) "Hound" means a dog used to pursue mammals.
   (b) The commission may establish a hound tag program.
   (c) If a hound tag program is established, the commission may
require all of the following:
   (1) That each hound be issued a license tag bearing a unique
identifying number that is to be worn at all times by the hound while
pursuing mammals.
   (2) That all relevant local and state laws pertaining to dogs are
being followed while the hound is being used to pursue mammals.
   (3) That each hound be microchipped with an implanted transponder
that has a unique identification code.
   (4) That the owner maintain documentation showing that the hound
is current on all required vaccinations and treatments for the
prevention of rabies and any other disease specified by the
department.
   (5) That the owner report, within 24 hours of its last sighting,
any hound that is lost during hunting, pursuing, or tracking
activities.
   (6) That the hound's tag identification number be recorded on the
hunting tag of any animal taken using the services of the hound.
   (d) If a hound tag program is established, the commission may
adjust the amount of the fees for the hound tag as necessary, to
fully recover, but not exceed, all reasonable administrative and
implementation costs of the department and the commission relating to
the program. 
  SEC. 2.  Section 3960 of the Fish and Game Code is amended to read:

   3960.   (a) As used in this section:  
   (1) "Pursue" means pursue, run, or chase.  
   (2) "Bear" means any black bear (Ursus americanus) found in the
wild in this state.  
   (b) 
    (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,  or to pursue any mammal in a game
refuge or ecological reserve if hunting within that refuge or
ecological reserve is unlawful. 
   (c) (1) The department may take any of the following actions:
 
   (A) Capture 
    (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,
any bear   mammal  or  bobcat, or
 any fully protected, rare, or endangered mammal. 
   (B) Capture 
    (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  department 
 employee  may capture or dispatch any dog inflicting injury
or immediately threatening to inflict injury on any  bear or
bobcat at any time, or any  fully protected, rare, or
endangered mammal at any time. 
   (C) Capture 
    (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. 
   (2) 
    (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.  
   (3) This section does not apply to the use of dogs to pursue bears
or bobcats by federal, state, or local law enforcement officers, or
their agents or employees, when carrying out official duties as
required by law.  
   (4) 
    (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.

   3960.2.  (a) As used in this section, the terms "bear" and "pursue"
have the same meanings 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) 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) 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 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 3960.4 of the Fish and Game Code is repealed.

   3960.4.  (a) As used in this section, the terms "bear" and "pursue"
have 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, 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.

   3960.6.  (a) As used in this section, the terms "bear" and "pursue"
have 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.  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.  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.