Today's Law As Amended


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AB-2268 Game mammals: wild pig depredation.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 714 of the Fish and Game Code is amended to read:

714.
 (a) In addition to Section 3031, 3031.2, 7149, 7149.05, or 7149.2 and notwithstanding Section 3037, the department shall issue lifetime sportsman’s licenses pursuant to this section. A lifetime sportsman’s license authorizes the taking of birds, mammals, fish, reptiles, or amphibia anywhere in this state in accordance with 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 pursuant to this code. A lifetime sportsman’s license is not transferable. A lifetime sportsman’s license does not include any special tags, stamps, or other entitlements.
(b) A lifetime sportsman’s license may be issued to residents, as follows:
(1) To a person 62 years of age or over upon payment of a base fee of seven hundred thirty dollars ($730).
(2) To a person 40 years of age or over and less than 62 years of age upon payment of a base fee of one thousand eighty dollars ($1,080).
(3) To a person 10 years of age or over and less than 40 years of age upon payment of a base fee of one thousand two hundred dollars ($1,200).
(4) To a person less than 10 years of age upon payment of a base fee of seven hundred thirty dollars ($730).
(c) This section does not require a person less than 16 years of age to obtain a license to take fish, reptiles, or amphibia for purposes other than profit or to obtain a license to take birds or mammals, except as required by law.
(d) This section does not exempt an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting or sport fishing.
(e) Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license or lifetime sportsman’s license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and a wild pig validation issued pursuant to Section 4654. Lifetime privileges issued pursuant to this subdivision are not transferable.
(f) Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license or lifetime sportsman’s license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700 or 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682 or 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(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 subdivision (g), as necessary, to fully recover, but not exceed, all reasonable administrative implementation costs of the department and the commission relating to those licenses.

SEC. 2.

 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, pigmy 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.

SEC. 3.

 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  All  revenues from the sale of antelope, elk, deer, wild pig,  bear, and sheep tags, including any fundraising tags,  tags and wild pig 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, 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. The department’s granting criteria shall include consideration for projects that restore wildland habitat affected by wild pigs.  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 use funds from the Big Game Management Account to  make grants to, reimburse, or enter into contracts or other agreements, agreements  as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account  1571 with, nonprofit organizations or state and federal land management agencies for projects on lands that are open for hunting  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.

SEC. 4.

 Section 4181 of the Fish and Game Code is amended to read:

4181.
 (a) Except as provided in Section 4181.1, any owner or tenant of land or property that is being damaged or destroyed or is in danger of being damaged or destroyed by elk, bear, bobcat,  beaver, wild pig, wild  turkeys, or gray squirrels 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. An No  iron-jawed or steel-jawed or any type of metal-jawed trap shall not  be used to take any bear or bobcat  animal  pursuant to this section. Poison  No poison  of any type shall not  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 or bobcats  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 or bobcats. bears. 
(3) What corrective actions should be implemented to prevent a  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) (c)  With respect to elk, the following procedures shall apply:
(1) Before  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 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).

SEC. 5.

 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) (b)  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),  (a),  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) (c)  Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(e) (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.

SEC. 6.

 Section 4181.2 of the Fish and Game Code is repealed.

4181.2.
 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. 7.

 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,  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,  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.

SEC. 8.

 Section 4650 of the Fish and Game Code is amended to read:

4650.
 (a)  Wild pigs, as used in this chapter, means code, are  free-roaming pigs not distinguished by branding, ear marking, or other permanent identification methods.
(b) For purposes of this code, pigs are of the species sus scrofa and sus srofa domestica.

SEC. 9.

 Section 4651 of the Fish and Game Code is repealed.

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.

SEC. 10.

 Section 4651 is added to the Fish and Game Code, to read:

4651.
 (a) Wild pigs may be taken at any time of year, and in any number by any person in possession of a valid hunting license, but it shall be unlawful to possess any wild pig without first procuring a wild pig validation pursuant to Section 4654.
(b) Notwithstanding subdivision (a), Section 3007, or any other provision of this code or regulations adopted pursuant to this code requiring possession of a hunting license, a landowner or lessee or agent of either in immediate possession of written authority from the landowner or lessee, shall not be required to obtain a hunting license, wild pig validation, or depredation permit to take wild pigs on land owned or leased by the landowner or lessee, if that land, or property on that land, is being damaged or destroyed or is in danger of being damaged or destroyed by wild pigs, except as provided in subdivision (b) of Section 4652. However, it shall be unlawful to possess any wild pig taken pursuant to this subdivision by any person who does not possess a valid wild pig validation.

SEC. 11.

 Section 4652 of the Fish and Game Code is repealed.

4652.
 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. 12.

 Section 4652 is added to the Fish and Game Code, to read:

4652.
 (a) Notwithstanding Section 3000, it is unlawful to take any wild pig between one-half hour after sunset and one-half hour before sunrise at the place of the taking, except as provided in subdivision (b).
(b) A wild pig may be taken pursuant to subdivision (b) of Section 4651 between one-half hour after sunset and one-half hour before sunrise at the place of the taking, if the department receives prior notice pursuant to Section 4653 and the person taking the wild pig possesses a valid hunting license.

SEC. 13.

 Section 4653 of the Fish and Game Code is repealed.

4653.
 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. 14.

 Section 4653 is added to the Fish and Game Code, to read:

4653.
 (a) A person who intends to take a wild pig between one-half hour after sunset and one-half hour before sunrise shall provide to the department his or her name and the location where the taking of the wild pig is expected to occur by telephoning the regional office nearest to the location of the expected take no later than 3:00 p.m. prior to the night or morning of the take, or, if the daylight hours before the planned take are not on a business day, no later than 3:00 p.m. of the last business day before the planned take.
(b) The permission granted pursuant to subdivision (a) shall apply to the night designated in the notification and the six nights following.

SEC. 15.

 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  a wild pig validation  upon payment of a base fee of fifteen dollars ($15), for each wild pig tag. ($15). 
(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  a wild pig validation  upon payment of a base fee of fifty dollars ($50), for each wild pig tag. thirty dollars ($30). 
(c) The base fees specified in this section are applicable to the 2004 2014  license year, and shall may  be adjusted annually thereafter pursuant to Section 713. by the commission to an amount that raises revenues not to exceed its costs of regulation relating to wild pigs. 

SEC. 16.

 Section 4655 of the Fish and Game Code is repealed.

4655.
 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.

SEC. 17.

 Section 4655 is added to the Fish and Game Code, to read:

4655.
 (a) Pigs shall not be released into uncontrolled areas. An area shall be deemed controlled if the pigs are regularly cared for and enclosed by a lawful fence as defined in Section 17121 of the Food and Agriculture Code.
(b) An owner of a pig that escapes from a controlled area who has complied with subdivision (a) shall not be in violation of any law that prohibits the release of any animal.

SEC. 18.

 Section 4656 of the Fish and Game Code is repealed.

4656.
 Revenues received pursuant to this chapter shall be deposited in the Big Game Management Account established in Section 3953. These funds shall be available for expenditure by the department as set forth in Section 3953. The department shall maintain all internal accounting measures necessary to ensure that all restrictions on these funds are met.

SEC. 19.

 Section 4657 of the Fish and Game Code is repealed.

4657.
 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.

SEC. 20.

 Section 13005 of the Fish and Game Code is amended to read:

13005.
 (a)  Notwithstanding Section 13001, the department shall deposit funds from the sale of lifetime hunting licenses and lifetime hunting  fees collected from lifetime sportsman’s licenses and privileges issued pursuant to Section 714, lifetime hunting licenses and  privileges issued pursuant to Section 3031.2, and lifetime sport fishing licenses and lifetime  privileges issued pursuant to Section 7149.2 shall be deposited  as follows:
(a) For each lifetime fishing license issued pursuant to Section 7149.2, the collected fee shall be deposited as follows:
(1) Of those funds, 66.67 percent shall be deposited into the Fish and Game Preservation Fund.
(2) Of those funds, 33.33 percent shall be deposited into the Hatchery and Inland Fisheries Fund.
(b) (1)  For each lifetime hunting license issued pursuant to Section 3031.2, 100 percent of the collected fee  Twenty dollars ($20) from the initial issuance of each lifetime license  shall be deposited into in  the Fish and Game Preservation Fund pursuant to Section 13001. for use in accordance with Section 711. 
(c) For each lifetime sport fishing privilege package issued pursuant to subdivision (e) of Section 7149.2, the collected fee shall be deposited as follows:
(1) Of those funds, 48.37 percent shall be deposited into the Fish and Game Preservation Fund.
(2) Of those funds, 14.75 percent shall be deposited into the Hatchery and Inland Fisheries Fund.
(3) (2)  Of those funds, 21.31 percent  The balance of the fees collected  shall be deposited into the Steelhead Trout account  in the Lifetime License Trust Account which is hereby created  in the Fish and Game Preservation Fund. Except as provided in this section, that principal amount of the money in the account from the fee for a lifetime license shall not be used, except for investment. 
(4) Of those funds, 15.57 percent shall be deposited into the California Ocean Resources Enhancement and Hatchery Program account in the Fish and Game Preservation Fund.
(d) (b)  The collected fee for each big game privilege package purchased  money in the Lifetime License Trust Account may be transferred and invested through the Surplus Money Investment Fund and all interest shall accrue to the account  pursuant to subdivision (c) (g)  of Section 3031.2 shall be deposited as follows: 16475 of the Government Code. 
(1) (c)  Of those funds, 91.92 percent shall be deposited into the Big Game Management Account in Upon issuance of a lifetime license or lifetime privilege issued pursuant to Section 714, 3031.2, or 7149.2, the department shall transfer the following amounts from the Lifetime License Trust Account to  the Fish and Game Preservation Fund. Fund: 
(1) Twenty-nine dollars and twenty-five cents ($29.25) for an annual resident hunting license or an annual resident sport fishing license.
(2) Of those funds, 8.08 percent shall be deposited into the Fish and Game Preservation Fund. Seven dollars and twenty-five cents ($7.25) for a junior hunting license. 
(e) (3)  The collected fee for each lifetime bird hunting privilege package  Nine dollars and twenty-five cents ($9.25) for one second-rod stamp or validation  issued pursuant to subdivision (d) of Section 3031.2 shall be deposited as follows: Section 7149.4 or Section 7149.45. 
(4) Two dollars and fifty cents ($2.50) for one sport fishing ocean enhancement stamp or validation issued pursuant to subdivision (a) of Section 6596 or subdivision (a) of Section 6596.1.
(5) Three dollars and fifty cents ($3.50) for one Bay-Delta sport fishing enhancement stamp or validation issued pursuant to Section 7360 or Section 7360.1.
(6) Three dollars and seventy-five cents ($3.75) for one steelhead trout catch report-restoration card issued pursuant to Section 7380.
(7) One dollar ($1) for one salmon punchcard issued pursuant to regulations adopted by the commission.
(1) (8)  Of those funds, 68.47 percent shall be deposited into the State Duck Stamp Account in the Fish and Game Preservation Fund. Nineteen dollars and twenty-five cents ($19.25) for a deer tag application issued pursuant to subdivision (a) of Section 4332. 
(9) Ten dollars ($10) for one state duck stamp or validation issued pursuant to Section 3700 or 3700.1.
(2) (10)  Of those funds, 31.53 percent shall be deposited into the Upland Game Bird Account in the Fish and Game Preservation Fund. Six dollars and twenty-five cents ($6.25) for one upland game bird stamp or validation issued pursuant to Section 3682 or 3682.1. 
SEC. 21.
  No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.