BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1221| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 1221 Author: Lieu (D), et al. Amended: 8/20/12 Vote: 21 SENATE NATURAL RESOURCES & WATER COMM. : 5-3, 4/24/12 AYES: Pavley, Kehoe, Padilla, Simitian, Wolk NOES: La Malfa, Cannella, Fuller NO VOTE RECORDED: Evans SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/7/12 AYES: Kehoe, Alquist, Lieu, Price, Steinberg NOES: Walters, Dutton SENATE FLOOR : 22-15, 5/21/12 AYES: Alquist, Calderon, Corbett, De León, DeSaulnier, Emmerson, Hancock, Hernandez, Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Simitian, Steinberg, Strickland, Vargas, Yee NOES: Anderson, Berryhill, Blakeslee, Cannella, Dutton, Evans, Fuller, Gaines, Huff, La Malfa, Rubio, Walters, Wolk, Wright, Wyland NO VOTE RECORDED: Correa, Harman, Runner ASSEMBLY FLOOR : 46-30, 8/22/12 - See last page for vote SUBJECT : Mammals: use of dogs to pursue bears and bobcats SOURCE : Humane Society of the United States CONTINUED SB 1221 Page 2 DIGEST : This bill prohibits the use of dogs to pursue bears and bobcats except as permitted by a depredation permit or scientific research permit issued by the Department of Fish and Game (DFG) or where the pursuit occurs by a dog that is guarding crops or livestock. For remaining hounding activities, the bill allows, but not requires, the Fish and Game Commission (FGC) to establish a hound tag program. Assembly Amendments state that if a landowner is issued a depredation permit by DFG because of extensive or chronic damage to private property, DFG may authorize the use of hounds, allow the use of hounds in support of scientific research on the sustainability and survival of bear or bobcat populations and healthy ecosystems, exempt guard dogs - dogs that are guarding or protecting livestock or crops are exempted if the dogs are maintained with, and remain in reasonable proximity to, the livestock or crops being guarded or protected, authorize optional hound tag program, and allow, but does not require, FGC to establish a hound tag program. ANALYSIS : Existing law prohibits a person from permitting a dog to pursue any big game mammal, as defined, during the closed season, or any fully protected, rare, or endangered mammal at any time. Employees of DFG are authorized to capture any dog not under the reasonable control of its owner or handler, that is in violation of that provision, or that is inflicting, or immediately threatening to inflict, injury in violation of this provision. Under existing law, certain violations of the Fish and Game Code are misdemeanors. Existing law prohibits a person from using dogs to hunt, pursue, or molest bears, except under certain conditions. This bill prohibits the use of dogs to pursue bears and bobcats except as permitted by a depredation permit or scientific research permit issued by DFG or where the pursuit occurs by a dog that is guarding crops or livestock. For remaining hounding activities, the bill allows, but not requires, the FGC to establish a hound tag program. CONTINUED SB 1221 Page 3 Background Big game mammals are defined in Fish and Game Code Section 3953 as antelope, elk, deer, wild pig, bear and sheep. Bobcats are considered "nongame" animals although there is a hunting season and those with a license and a bobcat tag may hunt bobcat. A five-bobcat limit exists in regulations of the FGC. Fish and Game Code Section 3960 establishes the criteria for when dogs may be used to pursue big game mammals. Generally, dogs may not be used during the closed season on such species, to pursue any fully protected, rare, or endangered mammal at any time, or to pursue any mammal in a game refuge or ecological reserve where hunting is prohibited. DFG employees are authorized to capture or kill any dog inflicting injury to any big game mammal during the closed season that violates the above provision. DFG employees are immune from civil or criminal liability as a result of enforcement actions pursuant to this section. Fish and Game Code Section 4756 allows hunters to use one dog for hunting bear during deer season. It allows the use of an unlimited number of dogs during bear season except when the archery season for deer or regular deer season is open. Fish and Game Code Section 3008 requires dogs to be under the physical control of its owner or as authorized by regulations of the FGC. Those regulations allow hunters to use radio telemetry devices, but not GPS devices, on the dogs that are used to chase bears. Penal Code Section 597b makes it a misdemeanor to cause any animal to fight with any other type of animal for the person's amusement or gain. There is no hunting exemption in Section 597b, but there is little legal authority that connects this prohibition with the state's hunting laws. DFG reports that approximately 1,500 bears were killed in CONTINUED SB 1221 Page 4 2010 by hunters in California. That number was 20% less than 2009. Hunters are required to send an upper tooth to DFG for DNA analysis. The total population of bears in California was estimated by DFG to be nearly 40,000, although the margin of error is nearly 8,000 bears. A revised statistical estimate reduced the population to 30,000, although the margin of error remains high. The take of bears has been declining, causing some to worry that the population is not robust. The bobcat population is estimated to be 70,000. Forty-five percent of the bears were killed with the use of dogs. About 11% of the bobcats killed in California in 2011 were killed with the use of dogs. These figures do not include illegal take by poachers. The counties with the largest bear harvest are Siskiyou, Shasta, Trinity, Tulare, Tuolumne, Humboldt, and Mendocino. There are about 25,000 bear hunters in California. There were 4,500 bobcat tags sold in 2011 with a maximum number of tags/hunter of five. Eighteen states allow bears to be hunted with the use of dogs. Fourteen states, including states with similar hunting traditions to California, have bear hunting without dogs. These include Oregon, Washington, and Montana. California has considered and rejected similar legislation in 1993 and 2003. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Assembly Appropriations Committee, this bill could result in potential lost revenues of an unknown amount, likely in the range of $150,000 annually from decreased bear tag sales (special fund) and one-time costs of approximately $25,000 to DFG and the FGC to revise hunting regulations in keeping with this bill (Special Fund). CONTINUED SB 1221 Page 5 SUPPORT : (Verified 8/27/12) Humane Society of the United States (source) American Society for the Prevention of Cruelty to Animals Animal Legal Defense Fund Animal Rescue Team BEAR League Best Friends Animal Society Big Wildlife Born Free USA Environmental Protection Information Center Fund for Animals Wildlife Center Haven Humane Society Humane Society Veterinary Medical Association In Defense of Animals Injured & Orphaned Wildlife Klamath Forest Alliance Lake Tahoe Humane Society Lake Tahoe Wildlife Care Last Chance for Animals Last Chance for Animals League of Humane Voters, California Chapter Lions Tigers & Bears Big Cat Sanctuary and Rescue Los Padres ForestWatch Marin Humane Society Mountain Lion Foundation Ohlone Humane Society Ojai Wildlife League Paw Pac Paw Project PEACE Project Coyote Public Interest Coalition Sacramento SPCA San Diego Animal Advocates San Francisco SPCA Santa Clara County Activists for Animals Santa Cruz SPCA Sierra Club - Kern-Kaweah Chapter Sierra Club California Sierra Wildlife Coalition Society for the Prevention of Cruelty to Animals Los Angeles State Humane Association of California CONTINUED SB 1221 Page 6 WildCare Wildlife Rehabilitation and Release OPPOSITION : (Verified 8/27/12) Barnum Timber Company California Cattlemen's Association California Houndsmen for Conservation California Outdoor Heritage Alliance California Rifle and Pistol Association California Sportsman's Lobby California Waterfowl Association Central California Sporting Dog Association Modesto Houndsmen Association National Shooting Sports Foundation Outdoor Sportsmen's Coalition of California Safari Club International Shasta County Cattlemen's Association Siskiyou County Board of Supervisors U.S. Sportsmen's Alliance ARGUMENTS IN SUPPORT : The lead supporting organization is the Humane Society of the United States which is heading a large coalition of animal welfare organizations. The main arguments of the author and other supporters are as follows: 1. According to the author, hunting bears with dogs is cruel and unsporting. He objects to the practice of releasing dogs equipped with radio devices to chase bears or bobcats across great distances, often across private property or public property where no hunting is allowed. 2. As described by the author, at the end of the chase, the bear or bobcat climbs a tree or fights with the dogs, at which point the hunter can arrive and shoot the bear or bobcat. 3. One supporter from Shasta County wrote that wayward hounds have attacked her cats, her poultry, her livestock and killed 14 deer near her home. There are other reports of dogs being lost during hunts or injured or killed by their prey. CONTINUED SB 1221 Page 7 4. The author and sponsors also have obtained numerous reports that the dogs are often treated improperly, especially those dogs which are rented from kennels that raise dogs for the purpose of bear hounding. 5. The sponsors and other supporters are concerned that historically bear hunting has been closely associated with poaching or other enforcement problems for DFG. Some supporters argue that a ban on hounding will reduce poaching. ARGUMENTS IN OPPOSITION : It seems that every hunting and sportsmen's organization is united against this bill with the addition of a ranching organization, one timber company, and the Siskiyou County Board of Supervisors. The main arguments of the opposition are as follows: 1. Bear hunting is necessary to minimize human-bear interactions. 2. Hunting with dogs is humane in the sense that the bear or bobcat can be killed quickly. 3. The bill is simply an emotional attack on one type of hunting. 4. Hounding is necessary to meet DFG's management objectives for native bears and that even with telemetry devices on dogs, the bear population has increased over the last 40 years. 5. Hounders do not take the state's full quota of bears or bobcats. 6. The use of dogs is part of a proud tradition of hunting and is a very challenging and physically grueling endeavor. Dogs are not mistreated. ASSEMBLY FLOOR : 46-30, 8/22/12 AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, Blumenfield, Bradford, Brownley, Buchanan, Butler, Campos, Carter, Cedillo, Davis, Dickinson, Eng, Feuer, CONTINUED SB 1221 Page 8 Fletcher, Fong, Fuentes, Furutani, Gatto, Gordon, Hall, Hayashi, Hill, Hueso, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, Portantino, Skinner, Smyth, Solorio, Swanson, Torres, Wieckowski, Williams, Yamada, John A. Pérez NOES: Achadjian, Bill Berryhill, Charles Calderon, Chesbro, Conway, Cook, Donnelly, Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman, Harkey, Huber, Huffman, Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Valadao, Wagner NO VOTE RECORDED: Bonilla, Galgiani, Roger Hernández, V. Manuel Pérez CTW:m 8/27/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED