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SB-457 Bobcat Protection Act of 2013.(2015-2016)

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Date Published:
SB457:v98#DOCUMENT

Amended  IN  Senate  April 06, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill No. 457


Introduced by Senator Nielsen
(Coauthors: Senators Berryhill and Stone)
(Coauthor: Assembly Member Olsen)

February 25, 2015


An act to amend Section 4155 of the Fish and Game Code, relating to fish and wildlife.


LEGISLATIVE COUNSEL'S DIGEST


SB 457, as amended, Nielsen. Bobcat Protection Act of 2013.
Existing law, the Bobcat Protection Act of 2013, makes it unlawful to trap any bobcat, or attempt to do so, or to sell or export any bobcat or part of any bobcat taken in the area surrounding Joshua Tree National Park, as specified. The act requires the Fish and Game Commission to amend its regulations to prohibit the trapping of bobcats adjacent to the boundaries of each national or state park and national monument or wildlife refuge in which bobcat trapping is prohibited. The act also requires the commission, commencing January 1, 2016, to consider whether to prohibit bobcat trapping within, and adjacent to, preserves, state conservancies, and any other public or private conservation areas identified to the commission by the public as warranting protection, and to amend its regulations accordingly, as specified. The act requires the commission to delineate the boundaries of an area in which bobcat trapping is prohibited pursuant to these provisions using readily identifiable features, such as highways or other major roads, such as those delineated for Joshua Tree National Park.
This bill would provide that these features also include, but are not limited to, landmarks, and would make other nonsubstantive changes to these provisions. may include roads instead of major roads and would provide that landmarks and geographic positions established by navigation and surveying methods may be used to delineate the boundaries of an area described above in which bobcat trapping is prohibited.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4155 of the Fish and Game Code is amended to read:

4155.
 (a) It shall be unlawful to trap any bobcat, or attempt to do so, or to sell or export any bobcat or part of any bobcat taken in the area surrounding Joshua Tree National Park, defined as follows: East and South south of State Highway Route 62 from the intersection of Interstate 10 to the intersection of State Highway Route 177; West west of State Highway Route 177 from the intersection of State Highway Route 62 to the intersection with Interstate 10; North north of Interstate 10 from State Highway Route 177 to State Highway Route 62.
(b) (1) Through the commission’s next regularly scheduled mammal hunting and trapping rulemaking process occurring after January 1, 2014, the commission shall amend its regulations to prohibit the trapping of bobcats adjacent to the boundaries of each national or state park and national monument or wildlife refuge in which bobcat trapping is prohibited.
(2) Commencing January 1, 2016, the commission shall consider whether to prohibit bobcat trapping within, and adjacent to, preserves, state conservancies, and any additional public or private conservation areas identified to the commission by the public as warranting protection. The commission, as necessary, shall amend its regulations through its next subsequently scheduled mammal hunting and trapping rulemaking process to prohibit bobcat trapping in any area determined by the commission to warrant protection.
(3) The commission shall delineate the boundaries of an area in which bobcat trapping is prohibited pursuant to paragraph (1) or (2) using readily any of the following:
(A) Readily identifiable features, including, but not limited to, highways, other major roads, or landmarks, such as those delineated for Joshua Tree National Park in subdivision (a). (a), or roads.
(B) Landmarks.
(C) Geographic positions established by navigation and surveying methods, including, but not limited to, the Global Positioning System.
(c) The prohibition on the trapping of bobcats in the areas designated pursuant to subdivisions (a) and (b) shall not apply to the taking of any bobcat by employees of the department acting in an official capacity, to a taking in accordance with the conditions of a scientific, educational, or propagation permit pursuant to Section 1002 by the holder of that permit, or to the lawful taking of bobcats found to be injuring crops or other property pursuant to Section 4152 or other provisions of this code or regulations adopted pursuant to this code.
(d) Notwithstanding Section 2016 or any other provisions of this code, it shall be unlawful to trap any bobcat, or attempt to do so, on any private land not belonging to the trapper without the express written consent of the owner of that property. The placing or possession of any trap or the possession of a bobcat or part thereof on any land is prima facie evidence of a violation of this subdivision.
(e) Consistent with the requirements of subdivision (c) of Section 4006, the commission shall set trapping license fees and associated fees, including, but not limited to, shipping tags required pursuant to Section 479 of Chapter 6 of Subdivision 2 of Division 1 of Title 14 of the California Code of Regulations, for the 2014–15 season, and any subsequent seasons in which bobcat trapping is allowed, at the levels necessary to fully recover all reasonable administrative and implementation costs of the department and the commission associated with the trapping of bobcats in the state, including, but not limited to, enforcement costs.
(f) This section does not limit the ability of the department or the commission to impose additional requirements, restrictions, or prohibitions related to the taking of bobcats, including a complete prohibition on the trapping of bobcats pursuant to this code.