Bill Text: CA AB2805 | 2017-2018 | Regular Session | Amended
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
Amended
IN
Senate
August 24, 2018 |
Amended
IN
Senate
June 28, 2018 |
Amended
IN
Senate
June 18, 2018 |
Amended
IN
Assembly
May 25, 2018 |
Amended
IN
Assembly
April 11, 2018 |
Amended
IN
Assembly
April 03, 2018 |
Amended
IN
Assembly
March 22, 2018 |
Assembly Bill | No. 2805 |
Introduced by Assembly Member Bigelow (Coauthor: Assembly Member Mathis) |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 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: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:SEC. 3.
Section 3004.5 of the Fish and Game Code is amended to read:3004.5.
(a) (1) Nonlead centerfire rifle and pistol ammunition, as determined by the commission, shall be required when taking big game, as defined in the department’s mammal hunting regulations (14 Cal. Code Regs. 350), with rifle or pistol, and when taking coyote, within the California condor range.SEC. 4.
Section 3004.5 is added to the Fish and Game Code, to read:3004.5.
(a) (1) Nonlead centerfire rifle and pistol ammunition, as determined by the commission, shall be required when taking big game, as defined in the department’s mammal hunting regulations (14 Cal. Code Regs. 350), with rifle or pistol, and when taking coyote, within the California condor range.SEC. 5.
Section 3005.5 of the Fish and Game Code is amended to read:3005.5.
(a) It is unlawful to capture any game mammal, game bird, nongame bird, nongame mammal, or furbearer, or to possess or confine any live game mammal, game bird, nongame bird, nongame mammal, or furbearer taken from the wild, except as provided by this code or regulations made pursuant to this code. Any bird or mammal possessed or confined in violation of this section shall be seized by the department.SEC. 6.
Section 3005.5 is added to the Fish and Game Code, to read:3005.5.
(a) It is unlawful to capture any game mammal, exotic game mammal, game bird, nongame bird, nongame mammal, or furbearer, or to possess or confine any live game mammal, exotic game mammal, game bird, nongame bird, nongame mammal, or furbearer taken from the wild, except as provided by this code or regulations made pursuant to this code. Any bird or mammal possessed or confined in violation of this section shall be seized by the department.SEC. 7.
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.SEC. 8.
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.SEC. 9.
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).SEC. 10.
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).SEC. 11.
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.SEC. 12.
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.SEC. 13.
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 Sus) described in Section 4650.SEC. 14.
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.SEC. 15.
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.SEC. 16.
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.SEC. 17.
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.SEC. 18.
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.SEC. 19.
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.SEC. 20.
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.SEC. 21.
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.SEC. 22.
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.SEC. 23.
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.SEC. 24.
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.SEC. 25.
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.SEC. 26.
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:(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.
(a)The department shall prepare a plan for the management of wild pigs no later than January 1, 2020. The department shall update the plan no later than January 1 in years ending in 0 or 5. In preparing the plan, the department shall consider available, existing information and literature relative to wild pigs.
(b)The plan shall 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 pursuant to Section 4657 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. 27.
Section 4651 of the Fish and Game Code is repealed.(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.
SEC. 28.
Section 4651 is added to the Fish and Game Code, to read:4651.
(a) For each license year beginning with the 2018–19 license year to the 2022–23 license year, inclusive, the department shall conduct a management assessment of wild pigs to measure the success or failure of department efforts to reduce wild pig populations and the damage to habitats caused by wild pigs. The management assessment shall be conducted as follows:SEC. 29.
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.SEC. 30.
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), 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(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. 32.SEC. 31.
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.SEC. 33.SEC. 32.
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(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.