BILL NUMBER: SB 457	INTRODUCED
	BILL TEXT


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 introduced, 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated 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)  Beginning January 1, 2014, it  
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 of State Highway 62 from the intersection of Interstate 10
to the intersection of State Highway 177; West of State Highway 177
from the intersection of State Highway 62 to the intersection with
Interstate 10; North of Interstate 10 from State Highway 177 to State
Highway 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 identifiable  features, such as 
features, including, but not limited to,  highways  or
  ,  other major roads,  
roads, or landmarks,  such as those delineated for Joshua Tree
National Park in subdivision (a).
   (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, on and after January 1, 2014,   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.