Bill Text: CA AB2805 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Wild pigs: validations.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2018-08-27 - Re-referred to Com. on RLS. [AB2805 Detail]
Download: California-2017-AB2805-Amended.html
Sus). Sus) described in Section 4650.
Bill Title: Wild pigs: validations.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2018-08-27 - Re-referred to Com. on RLS. [AB2805 Detail]
Download: California-2017-AB2805-Amended.html
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CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 2805 |
| Introduced by Assembly Member Bigelow (Coauthor: Assembly Member Mathis) |
February 16, 2018 |
An act to amend and repeal Sections 4181.2 and 4653 of, to amend, repeal, and add Sections 3003.1, 3031.2, 3950, 3953, 4150, 4181, 4181.1, 4188, 4304, 4650, 4651, 4652, 4654, 4655, and 4657 of, to add Sections 4652.5 and 4658 to, and to add Chapter 1.5 (commencing with Section 3965) to Part 3 of Division 4 of, the Fish and Game Code, and to add Article 5 (commencing with Section 10791) to Chapter 1 of Part 3 of Division 5 of the Food and Agricultural Code, relating to wild pigs.
LEGISLATIVE COUNSEL'S DIGEST
AB 2805, as amended, Bigelow.
Wild pigs: validations.
(1) Existing law defines the term “wild pig” for purposes of managing, taking, or hunting that species and classifies the wild pig as a game mammal. Under existing law, a mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal.
Existing law 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. Under existing law, a violation of the Fish and Game Code is a crime.
This bill would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or nongame mammal. The bill would expand the definition of “wild pig” to include feral pigs, European wild boars, and any pig that has 2 or more specified phenotypical characteristics and that does not have a permanent mark or visible tag, as specified. specified, and any free-roaming pig, feral pig, or European wild boar having no visible tags, markings, or characteristics indicating that the pig or boar is from a domestic herd. The bill would make this definition applicable to the entire Fish and Game Code. The bill would, however, also create the
category of exotic game mammals to include wild pigs, including feral pigs and European wild boar. boar that are within the definition of that term.
This bill would replace the wild pig tag requirement with a wild pig validation that would authorize a person who procures the validation to take any number of wild pigs specified by the Fish and Game Commission during the license year of the validation. The bill would set the price of a wild pig validation at $15 for residents and $50 for nonresidents for the 2018 license year, and would provide for increases pursuant to a specified inflation index. However, the bill would authorize the commission to require the procurement of wild pig tags in lieu of wild pig validations, to set a fee for the procurement of a wild pig tag, and to
adopt other requirements for a wild pig tag.
This bill would eliminate the requirement to obtain a depredation permit and also eliminate the authority to immediately take a wild pig under the above-described circumstances. The bill would instead provide that any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to damage or destroy, land or other property, may be taken at any time or in any manner by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises, as specified. Under the bill, an owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who chooses to inform the Department of Fish and Wildlife of a taking pursuant to these provisions, would be authorized to inform the department of the taking in a manner
determined by the commission. The bill would require an owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who plans to take a wild pig at night, to give adequate notification, as determined by the department, to the department at its nearest local office at least 24 hours before the taking of any wild pig.
This bill would also prohibit a person from intentionally or knowingly releasing any hog, boar, pig, or swine to live in a wild or feral state upon public or private land and would prohibit a person from engaging in, sponsoring, or assisting in the operation of a contained hunting preserve, as defined, of wild pig, feral pig, European wild boar, or domestic swine within this state. The bill would also prohibit the use of poison to take exotic game mammals.
This bill would make other nonsubstantive and conforming changes to these
provisions.
These provisions would become operative on July 1, 2019.
Because a violation of these new provisions would be a crime, this bill would impose a state-mandated local program.
(2) Existing law requires that funds deposited in the Big Game Management Account be available for expenditure upon appropriation by the Legislature to the Department of Fish and Wildlife to, among other things, implement programs to benefit wild pigs.
This bill, beginning July 1, 2019, would instead require that these funds be expended for the use of hunting to manage wild pigs.
(3) Existing law makes it unlawful for any person to import any swine into this state except for immediate slaughter unless the person procures a health certificate and an import permit from the
Department of Food and Agriculture prior to the shipment or movement of the swine. Under existing law, a violation of the Food and Agricultural Code is a crime.
This bill, beginning July 1, 2019, would require the Department of Food and Agriculture to adopt regulations to require a person who possesses a domestic swine that has 2 or more phenotypical characteristics, as described, of a wild pig, to identify the swine with a brand, tattoo, or other permanent mark or visible tag approved by the department. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
(4) Existing law creates the Shared Habitat Alliance for Recreational Enhancement (SHARE) program in the Department of Fish and Wildlife, which is designed to improve public access to private or landlocked public land and provides that participating landowners will be compensated with monetary
payment and liability protection for providing access to or through their land for recreational use and enjoyment of wildlife. Existing law provides that the SHARE program is funded with SHARE access permit application fees through the department.
This bill, beginning July 1, 2019, would require the department to work with landowners to mitigate depredation by sport hunting, including the application of the SHARE program, and would authorize the department to use the SHARE program and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(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 no reimbursement is required by this act for a specified reason.
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 3003.1 of the Fish and Game Code is amended to read:3003.1.
Notwithstanding Sections 1001, 1002, 4002, 4004, 4007, 4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:(a) It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammal’s body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b) It is unlawful for any
person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c) It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only
method available to protect human health or safety.
(d) For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997.
(e) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 2.
Section 3003.1 is added to the Fish and Game Code, to read:3003.1.
Notwithstanding Sections 1001, 1002, 4002, 4004, 4007, 4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:(a) It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammal’s body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b) It is unlawful for any person to buy,
sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c) It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, exotic game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only
method available
to protect human health or safety.
(d) For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997, except as regards exotic game mammals.
(e) This section shall become operative on July 1, 2019.
SEC. 3.
Section 3031.2 of the Fish and Game Code is amended to read:3031.2.
(a) In addition to Section 3031, and notwithstanding Section 3037, the department shall issue lifetime hunting licenses under this section. A lifetime hunting license authorizes the taking of birds and mammals anywhere in this state in accordance with the 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 under this code. A lifetime hunting license is not transferable. A lifetime hunting license is valid for one year from July 1 through June 30 and may be renewed annually, regardless of any lapse of the license, at no additional cost to the licensee. A lifetime hunting license does not include any special tags, stamps, or fees.(b) A lifetime hunting license may be issued to residents of this state, as follows:
(1) To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2) To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3) To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4) To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c) Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4654. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d) Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e) Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f) Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation
costs of the department and the commission relating to those licenses.
(i) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 4.
Section 3031.2 is added to the Fish and Game Code, to read:3031.2.
(a) In addition to Section 3031, and notwithstanding Section 3037, the department shall issue lifetime hunting licenses under this section. A lifetime hunting license authorizes the taking of birds and mammals anywhere in this state in accordance with the 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 under this code. A lifetime hunting license is not transferable. A lifetime hunting license is valid for one year from July 1 through June 30 and may be renewed annually, regardless of any lapse of the license, at no additional cost to the licensee. A lifetime hunting license does not include any special tags, validations, stamps, or fees.(b) A lifetime hunting license may be issued to residents of this state, as follows:
(1) To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2) To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3) To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4) To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c) Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4658, or a wild pig validation pursuant to Section 4654, as applicable. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d) Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are
not transferable.
(e) Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f) Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all
reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i) This section shall become operative on July 1, 2019.
SEC. 5.
Section 3950 of the Fish and Game Code is amended to read:3950.
(a) Game mammals are: deer (genus Odocoileus), elk (genus Cervus), prong-horned antelope (genus Antilocapra), wild pigs, including feral pigs and European wild boars (genus Sus), black and brown or cinnamon bears (genus Euarctos), mountain lions (genus Felis), jackrabbits and varying hares (genus Lepus), cottontails, brush rabbits, and pygmy 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.
(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 6.
Section 3950 is added to the Fish and Game Code, to read:3950.
(a) Game mammals are: deer (genus Odocoileus), elk (genus Cervus), prong-horned antelope (genus Antilocapra), black and brown or cinnamon bears (genus Euarctos), mountain lions (genus Felis), jackrabbits and varying hares (genus Lepus), cottontails, brush rabbits, and pygmy 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.
(c) This section shall become operative on July 1, 2019.
SEC. 7.
Section 3953 of the Fish and Game Code is amended to read:3953.
(a) The Big Game Management Account is hereby established within the Fish and Game Preservation Fund.(b) Except as provided in Section 709, all revenues from the sale of antelope, elk, deer, wild pig, bear, and sheep tags, including any fundraising tags, shall be deposited in the Big Game Management Account to permit separate accountability for the receipt and expenditure of these funds. Within 30 days of the date of the sale, the selling nonprofit organization shall send the department 95 percent of the total auction sale price of the tag, with an itemized receipt showing the sale price and the 5-percent reduction retained by the nonprofit organization as a vendor’s fee.
(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, wild pigs, bear, and sheep, and expanding public hunting opportunities and related public outreach. 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, wild
pig, 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 8.
Section 3953 is added to the Fish and Game Code, to read:3953.
(a) The Big Game Management Account is hereby established within the Fish and Game Preservation Fund.(b) Except as provided in Section 709, all revenues from the sale of antelope, elk, deer, bear, and sheep tags, and wild pig validations, including any fundraising tags or validations, shall be deposited in the Big Game Management Account to permit separate accountability for the receipt and expenditure of these funds. Within 30 days of the date of the sale, the selling nonprofit organization shall send the department 95 percent of the total auction sale price of the tag or validation, with an itemized receipt showing the sale price and the 5-percent reduction retained by
the nonprofit organization as a vendor’s fee.
(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, bear, and sheep, or the use of hunting to manage wild pigs, and expanding public hunting opportunities and related public outreach. 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, wild pig, 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h) This section shall become operative on July 1, 2019.
SEC. 9.
Chapter 1.5 (commencing with Section 3965) is added to Part 3 of Division 4 of the Fish and Game Code, to read:CHAPTER 1.5. Exotic Game Mammals
3965.
(a) Exotic game mammals include wild pigs, including feral pigs and European wild boar (genus(b) This section shall become operative on July 1, 2019.
SEC. 10.
Section 4150 of the Fish and Game Code is amended to read:4150.
(a) A mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission.(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 11.
Section 4150 is added to the Fish and Game Code, to read:4150.
(a) A mammal occurring naturally in California that is not a game mammal, exotic game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. A nongame mammal may not be taken or possessed except as provided in this code or in accordance with regulations adopted by the commission.(b) This section shall become operative on July 1, 2019.
SEC. 12.
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, beaver, wild pig, wild 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 bear 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.
(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.
(d) 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).
(e) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 13.
Section 4181 is added to the Fish and Game Code, 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, beaver, wild turkeys, or gray squirrels, may apply to the department for a permit to kill the animals. Subject to the limitations in subdivisions (b) and (c), 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 bear 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.
(c) 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).
(d) This section shall become operative on July 1, 2019.
SEC. 14.
Section 4181.1 of the Fish and Game Code is amended to read: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.(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.
(c) The department shall make a record of each report made pursuant to subdivision (a) or (b) and may have an employee of the department investigate the taking or cause the taking to be investigated. The person taking a wild pig shall provide information as deemed necessary by the department. 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 or wild pig taken under subdivision (a) or (b), issue a written statement to the person confirming that the requirements of this section have been met. The person who took the wild pig may transfer the carcass to another person without compensation.
(d) Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(e) 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.
(f) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 15.
Section 4181.1 is added to the Fish and Game Code, to read: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.(b) The department shall make a record of each report made pursuant to subdivision (a) and may have an employee of the department investigate the taking or cause the taking to be investigated. 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
taken under subdivision (a), issue a written statement to the person confirming that the requirements of this section have been met.
(c) Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(d) 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.
(e) This section shall become operative on July 1,
2019.
SEC. 16.
Section 4181.2 of the Fish and Game Code is amended to read:4181.2.
(a) 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.(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 17.
Section 4188 of the Fish and Game Code is amended to read:4188.
(a) If a landowner or tenant applies for a permit under Section 4181 for wild pigs or 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 pigs, wild turkeys, 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 pigs, wild turkeys, 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.
(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 18.
Section 4188 is added to the Fish and Game Code, to read:4188.
(a) If a landowner or tenant applies for a permit under Section 4181 for 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 turkeys 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 turkeys 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.
(c) This section shall become operative on July 1, 2019.
SEC. 19.
Section 4304 of the Fish and Game Code is amended to read:4304.
(a) A person shall not at any time capture or destroy any deer and detach or remove from the carcass only the head, hide, antlers, or horns; nor shall any person at any time leave through carelessness or neglect any game mammal or game bird that is in his or her possession, or any portion of the flesh thereof usually eaten by humans, to go needlessly to waste. The provisions of this section shall not apply to game mammals taken under the authority of Section 4152.(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 20.
Section 4304 is added to the Fish and Game Code, to read:4304.
(a) A person shall not at any time capture or destroy any deer and detach or remove from the carcass only the head, hide, antlers, or horns.(b) A person shall not at any time leave through carelessness or neglect any game mammal, exotic game mammal, or game bird that is in his or her possession, or any portion of the flesh of that animal usually eaten by humans, to go needlessly to waste.
(c) This section does not apply to game mammals taken pursuant to Section 4152 or to wild pigs taken pursuant to subdivision (b) of Section 4652.
(d) This
section shall become operative on July 1, 2019.
SEC. 21.
Section 4650 of the Fish and Game Code is amended to read:4650.
(a) Wild pigs, as used in this chapter, means free-roaming pigs not distinguished by branding, ear marking, or other permanent identification methods.(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 22.
Section 4650 is added to the Fish and Game Code, to read:4650.
(a) For purposes of this code, “wild pig” means any of the following:(1) (A) A pig having two or more phenotypical characteristics specified in subparagraph (B) that does not have a brand, tattoo, or other permanent mark or visible tag approved by the Department of Food or Agriculture pursuant to Section 10791 of the Food and Agricultural Code.
(B) Phenotypical characteristics:
(i) Having a coat described by all of the following: long, dark, coarse bristles and guard hairs; the undercoat, when present, is lighter in color
than the overlaying coat; and individual hairs have bristle tips that are lighter in color than the rest of the hair shaft.
(ii) Having dark “point” coloration: distal portion of the snout, ears, legs, and tail are dark brown to black in coloration.
(iii) Having a skeletal appearance that has both of the following characteristics: the skull is large, measuring up to one-third of the total body length; and a short massive trunk with underdeveloped hindquarters.
(iv) Having a head with small, deep-set eyes and an elongated snout.
(v) Tail: tails are held straight or slightly curved but contain muscular structure to curl the tail.
(vi) Having teeth satisfying all of the following, as applicable: males have well-developed canine teeth; upper canines are relatively short and grow sideways early in life and gradually curl upwards with age; lower canines are sharper and longer with exposed parts measuring up to 12 cm (4.7 inches) in length.
(2) A free-roaming pig pig, feral pig, or European wild boar having no visible tags, markings, or characteristics indicating that the pig or boar is from a domestic herd.
(3)A feral pig or European wild boar.
(b) This section shall become operative on July 1, 2019.
SEC. 23.
Section 4651 of the Fish and Game Code is amended to read: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.
(c) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 24.
Section 4651 is added to the Fish and Game Code, to read:4651.
(a) The department shall prepare a plan for the management of wild pigs. 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. Information considered by the department in determining distribution and abundance shall include reports from holders of wild pig validations or tags pursuant to Section 4657 or 4658 and notifications and information provided pursuant to Section 4652.
(2) A
survey of range conditions.
(3) Recommendations for investigations and utilization of wild pigs.
(c) The department shall work with landowners to mitigate depredation by sport hunting pursuant to this chapter, including the application of the Shared Habitat Alliance for Recreational Enhancement (SHARE) program (Article 3 (commencing with Section 1570) of Chapter 5 of Division 2).
(d) This section shall become operative on July 1, 2019.
SEC. 25.
Section 4652 of the Fish and Game Code is amended to read:4652.
(a) 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.(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 26.
Section 4652 is added to the Fish and Game Code, to read:4652.
(a) It is unlawful to take a wild pig, except as provided in subdivision (b) and Section 4658, without first procuring a wild pig validation authorizing the take of wild pigs in accordance with this chapter and regulations issued pursuant to this chapter. A wild pig validation issued pursuant to Section 4654 authorizes the holder of the validation to take any number of wild pigs during the license year of the validation, as specified by the commission.(b) (1) Any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to 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 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 of the premises. Wild pigs 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. Persons taking wild pigs in accordance with this subdivision are exempt from Section 3007, except when providing trapping services for a fee.
(2) An owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who plans
to take a wild pig at night pursuant to paragraph (1), shall give adequate notification, as determined by the department, to the department at its nearest local office at least 24 hours before the taking of any wild pig.
(3) An owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who takes a wild pig pursuant to paragraph (1), and chooses to inform the department of the taking, may inform the department in a manner determined by the commission. The manner of informing the department shall be determined with consideration of the ease of providing information in that manner.
(4) Traps used pursuant to this subdivision shall be inspected and all animals in the traps shall be removed at least once
daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set, or an agent of either.
(c) The use of poison to take exotic game mammals is prohibited.
(d) The department may use the Shared Habitat Alliance for Recreational Enhancement (SHARE) program (Article 3 (commencing with Section 1570) of Chapter 5 of Division 2) and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(e) This section shall become operative on July 1, 2019.
SEC. 27.
Section 4652.5 is added to the Fish and Game Code, to read:4652.5.
(a) A person shall not intentionally or knowingly release any hog, boar, pig, or swine to live in a wild or feral state upon public or private land.(b) A person shall not engage in, sponsor, or assist in the operation of a contained hunting preserve of wild pig, feral pig, European wild boar, or domestic swine within this state. For purposes of this subdivision, any tract of land on which a fence or other apparatus is used to prevent the free roaming of swine that are to be hunted and not used solely for domestic swine production shall be deemed to be a contained hunting preserve.
(c) This section shall
become operative on July 1, 2019.
SEC. 28.
Section 4653 of the Fish and Game Code is amended to read:4653.
(a) 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.(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 29.
Section 4654 of the Fish and Game Code is amended to read:4654.
(a) Any resident of this state, 12 years of age or older, who possesses a valid hunting license, may procure the number of wild pig tags corresponding to the number of wild pigs that may legally be taken by one person during the license year upon payment of a base fee of fifteen dollars ($15), for each wild pig tag.(b) Any nonresident, 12 years of age or older, who possesses a valid California nonresident hunting license, may procure the number of wild pig tags corresponding to the number of wild pigs that may legally be taken by one person during the license year upon payment of a base fee of fifty dollars ($50), for each wild pig tag.
(c) The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(d) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 30.
Section 4654 is added to the Fish and Game Code, to read:4654.
(a) Any resident of this state, 12 years of age or older, who possesses a valid hunting license, may procure a wild pig validation upon payment of a base fee of fifteen dollars ($15).(b) Any nonresident, 12 years of age or older, who possesses a valid California nonresident hunting license, may procure a wild pig validation upon payment of a base fee of fifty dollars ($50).
(c) The base fees specified in this section are applicable to the 2018 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(d) This section shall
become operative on July 1, 2019.
SEC. 31.
Section 4655 of the Fish and Game Code is amended to read:4655.
(a) 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.(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 32.
Section 4655 is added to the Fish and Game Code, to read:4655.
(a) Wild pig validations 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.(b) This section shall become operative on July 1, 2019.
SEC. 33.
Section 4657 of the Fish and Game Code is amended to read:4657.
(a) 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.(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 34.
Section 4657 is added to the Fish and Game Code, to read:4657.
(a) The holder of a wild pig validation shall keep the validation in his or her possession while hunting wild pig. The commission may adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig under a wild pig validation.(b) This section shall become operative on July 1, 2019.
SEC. 35.
Section 4658 is added to the Fish and Game Code, to read:4658.
(a) The commission may require the procurement of wild pig tags in lieu of wild pig validations. The commission may set a fee for the procurement of a wild pig tag and may adopt other requirements relating to wild pig tags.(b) This section shall become operative on July 1, 2019.
SEC. 36.
Article 5 (commencing with Section 10791) is added to Chapter 1 of Part 3 of Division 5 of the Food and Agricultural Code, to read:Article 5. Marking and Validations
10791.
(a) The department shall adopt regulations to require a person who possesses a domestic swine that has two or more phenotypical characteristics specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 4650 of the Fish and Game Code to identify the swine with a brand, tattoo, or other permanent mark or visible validation approved by the department.(b) This section shall become operative on July 1, 2019.
