AB 2805: Wild pigs: validations.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-08-24
(1)Existing law defines the term wild pig for purposes of managing, taking, or hunting that species and classifies the wild pig as a game mammal. Under existing law, a mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. Existing law requires the Department of Fish and Wildlife to prepare a plan for the management of wild pigs that may include specified information.
Existing law requires a person to procure, as specified, either a hunting license and a wild pig tag or a depredation permit in order to take a wild pig. However, existing law provides that any wild pig that is encountered while in the act of inflicting injury to, or damaging or destroying, or threatening to immediately damage or destroy, land or other property may be taken immediately by the owner or the owners employee or agent, as specified. Under existing law, a violation of the Fish and Game Code is a crime.
This bill would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or nongame mammal. The bill would expand the definition of wild pig to include any pig that has 2 or more specified phenotypical characteristics and that does not have a permanent mark or visible tag, as specified, and any free-roaming pig, feral pig, or European wild boar having no visible tags, markings, or characteristics indicating that the pig or boar is from a domestic herd. The bill would make this definition applicable to the entire Fish and Game Code. The bill would, however, also create the category of exotic game mammals to include wild pigs, including feral pigs and European wild boar that are within the definition of that term. The bill would make conforming changes to reflect the creation of this separate category of game mammal.
This bill would replace the wild pig tag requirement with a wild pig validation that would authorize a person who procures the validation to take any number of wild pigs specified by the Fish and Game Commission during the license year of the validation. The bill would set the price of a wild pig validation at $15 $25 for residents and $50 $75 for nonresidents for the 2018 license year, year beginning on July 1, 2019, and would provide for increases for subsequent license years pursuant to a specified inflation index.
This bill would eliminate the requirement to obtain a depredation permit and also eliminate the authority of a property owner, or the property owners employee or agent, to immediately take a wild pig on the owners property under the above-described circumstances. The bill would instead provide that any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to damage or destroy, land or other property, may be taken at any time or in any manner by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises, as specified. Under the bill, an owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who chooses to inform the department of a taking pursuant to these provisions, would be authorized to inform the department of the taking in a manner determined by the commission. The bill would require an owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who plans to take a wild pig at night, to give adequate notification, as determined by the department, to the department at its nearest local office at least 24 hours before the taking of any wild pig.
This bill would also prohibit a person from intentionally or knowingly releasing any hog, boar, pig, or swine to live in a wild or feral state upon public or private land and would prohibit a person from engaging in, sponsoring, or assisting in the operation of a contained hunting preserve, as defined, of wild pig, feral pig, European wild boar, or domestic swine within this state. pig. The bill would also prohibit the use of poison to take exotic game mammals.
This bill would require the commission to adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig, as specified. The bill would require the department to prepare its plan for the management of wild pigs no later than January 1, 2020, and to update the plan no later than January 1 in years ending in 0 or 5. The bill would make inclusion of specified information in the plan mandatory instead of discretionary. The bill would repeal the provision requiring the department to prepare a plan for the management of wild pigs and would instead require the department, for each license year beginning with the 201819 license year to the 202223 license year, inclusive, to 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, as provided. The bill would also require the department, on or before January 1, 2025, to submit to the Legislature a report that evaluates wild pig takings trends to determine whether wild pig takings have increased.
This bill would make other nonsubstantive and conforming changes to these provisions.
These provisions provisions, except for the provision regarding procurement of wild pig validations and the provision requiring management assessments and an associated report, would become operative on July 1, 2019.
Because a violation of these new provisions would be a crime, this bill would impose a state-mandated local program.
(2)Existing law requires that funds deposited in the Big Game Management Account be available for expenditure upon appropriation by the Legislature to the Department of Fish and Wildlife to, among other things, implement programs to benefit wild pigs.
This bill, beginning July 1, 2019, would instead require that these funds be expended for the use of hunting to manage wild pigs.
(3)Existing law makes it unlawful for any person to import any swine into this state except for immediate slaughter unless the person procures a health certificate and an import permit from the Department of Food and Agriculture prior to the shipment or movement of the swine. Under existing law, a violation of the Food and Agricultural Code is a crime.
This bill, beginning July 1, 2019, would require the Department of Food and Agriculture to adopt regulations to require a person who possesses a domestic swine that has 2 or more phenotypical characteristics, as described, of a wild pig, to identify the swine with a brand, tattoo, or other permanent mark or visible tag approved by the department. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
(4)Existing law creates the Shared Habitat Alliance for Recreational Enhancement (SHARE) program in the Department of Fish and Wildlife, which is designed to improve public access to private or landlocked public land and provides that participating landowners will be compensated with monetary payment and liability protection for providing access to or through their land for recreational use and enjoyment of wildlife. Existing law provides that the SHARE program is funded with SHARE access permit application fees through the department.
This bill, beginning July 1, 2019, would require the department to work with landowners to mitigate depredation by sport hunting, including the application of the SHARE program, and would authorize the department to use the SHARE program and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(5)Existing law provides that, if a person with a lifetime hunting license pays a premium, the person shall annually be issued a deer tag application and 5 wild pig tags.
Beginning July 1, 2019, this bill would alternately provide for a person who pays the premium to be issued a deer tag application, a wild pig validation, and 8 Shared Habitat Alliance for Recreational Enhancement access permit applications.
(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law defines the term wild pig for purposes of managing, taking, or hunting that species and classifies the wild pig as a game mammal. Under existing law, a mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal. Existing law requires the Department of Fish and Wildlife to prepare a plan for the management of wild pigs that may include specified information.
Existing law requires a person to procure, as specified, either a hunting license and a wild pig tag or a depredation permit in order to take a wild pig. However, existing law provides that any wild pig that is encountered while in the act of inflicting injury to, or damaging or destroying, or threatening to immediately damage or destroy, land or other property may be taken immediately by the owner or the owners employee or agent, as specified. Under existing law, a violation of the Fish and Game Code is a crime.
This bill would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or nongame mammal. The bill would expand the definition of wild pig to include any pig that has 2 or more specified phenotypical characteristics and that does not have a permanent mark or visible tag, as specified, and any free-roaming pig, feral pig, or European wild boar having no visible tags, markings, or characteristics indicating that the pig or boar is from a domestic herd. The bill would make this definition applicable to the entire Fish and Game Code. The bill would, however, also create the category of exotic game mammals to include wild pigs, including feral pigs and European wild boar that are within the definition of that term. The bill would make conforming changes to reflect the creation of this separate category of game mammal.
This bill would replace the wild pig tag requirement with a wild pig validation that would authorize a person who procures the validation to take any number of wild pigs specified by the Fish and Game Commission during the license year of the validation. The bill would set the price of a wild pig validation at $15 for residents and $50 for nonresidents for the 2018 license year, and would provide for increases pursuant to a specified inflation index. However, the bill would authorize the commission to require the procurement of wild pig tags in lieu of wild pig validations, to set a fee for the procurement of a wild pig tag, and to adopt other requirements for a wild pig tag.
This bill would eliminate the requirement to obtain a depredation permit and also eliminate the authority of a property owner, or the property owners employee or agent, to immediately take a wild pig on the owners property under the above-described circumstances. The bill would instead provide that any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to damage or destroy, land or other property, may be taken at any time or in any manner by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises, as specified. Under the bill, an owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who chooses to inform the Department of Fish and Wildlife department of a taking pursuant to these provisions, would be authorized to inform the department of the taking in a manner determined by the commission. The bill would require an owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who plans to take a wild pig at night, to give adequate notification, as determined by the department, to the department at its nearest local office at least 24 hours before the taking of any wild pig.
This bill would also prohibit a person from intentionally or knowingly releasing any hog, boar, pig, or swine to live in a wild or feral state upon public or private land and would prohibit a person from engaging in, sponsoring, or assisting in the operation of a contained hunting preserve, as defined, of wild pig, feral pig, European wild boar, or domestic swine within this state. The bill would also prohibit the use of poison to take exotic game mammals.
This bill would require the commission to adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig, as specified. The bill would require the department to prepare its plan for the management of wild pigs no later than January 1, 2020, and to update the plan no later than January 1 in years ending in 0 or 5. The bill would make inclusion of specified information in the plan mandatory instead of discretionary.
This bill would make other nonsubstantive and conforming changes to these provisions.
These provisions would become operative on July 1, 2019.
Because a violation of these new provisions would be a crime, this bill would impose a state-mandated local program.
(2)Existing law requires that funds deposited in the Big Game Management Account be available for expenditure upon appropriation by the Legislature to the Department of Fish and Wildlife to, among other things, implement programs to benefit wild pigs.
This bill, beginning July 1, 2019, would instead require that these funds be expended for the use of hunting to manage wild pigs.
(3)Existing law makes it unlawful for any person to import any swine into this state except for immediate slaughter unless the person procures a health certificate and an import permit from the Department of Food and Agriculture prior to the shipment or movement of the swine. Under existing law, a violation of the Food and Agricultural Code is a crime.
This bill, beginning July 1, 2019, would require the Department of Food and Agriculture to adopt regulations to require a person who possesses a domestic swine that has 2 or more phenotypical characteristics, as described, of a wild pig, to identify the swine with a brand, tattoo, or other permanent mark or visible tag approved by the department. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
(4)Existing law creates the Shared Habitat Alliance for Recreational Enhancement (SHARE) program in the Department of Fish and Wildlife, which is designed to improve public access to private or landlocked public land and provides that participating landowners will be compensated with monetary payment and liability protection for providing access to or through their land for recreational use and enjoyment of wildlife. Existing law provides that the SHARE program is funded with SHARE access permit application fees through the department.
This bill, beginning July 1, 2019, would require the department to work with landowners to mitigate depredation by sport hunting, including the application of the SHARE program, and would authorize the department to use the SHARE program and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(5)Existing law provides that, if a person with a lifetime hunting license pays a premium, the person shall annually be issued a deer tag application and 5 wild pig tags.
Under this bill, beginning Beginning July 1, 2019, if the Fish and Game Commission does not choose to require possession of wild pig tags in lieu of a wild pig validation, this bill would alternately provide for a person who pays the premium would be issued a deer tag application, a wild pig validation, and 8 Shared Habitat Alliance for Recreational Enhancement access permit applications.
(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law defines the term wild pig for purposes of managing, taking, or hunting that species and classifies the wild pig as a game mammal. Under existing law, a mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal.
Existing law requires a person to procure, as specified, either a hunting license and a wild pig tag or a depredation permit in order to take a wild pig. However, existing law provides that any wild pig that is encountered while in the act of inflicting injury to, or damaging or destroying, or threatening to immediately damage or destroy, land or other property may be taken immediately by the owner or the owners employee or agent, as specified. Under existing law, a violation of the Fish and Game Code is a crime.
This bill would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or nongame mammal. The bill would expand the definition of wild pig to include any pig that has 2 or more specified phenotypical characteristics and that does not have a permanent mark or visible tag, as specified, and any free-roaming pig, feral pig, or European wild boar having no visible tags, markings, or characteristics indicating that the pig or boar is from a domestic herd. The bill would make this definition applicable to the entire Fish and Game Code. The bill would, however, also create the category of exotic game mammals to include wild pigs, including feral pigs and European wild boar that are within the definition of that term.
This bill would replace the wild pig tag requirement with a wild pig validation that would authorize a person who procures the validation to take any number of wild pigs specified by the Fish and Game Commission during the license year of the validation. The bill would set the price of a wild pig validation at $15 for residents and $50 for nonresidents for the 2018 license year, and would provide for increases pursuant to a specified inflation index. However, the bill would authorize the commission to require the procurement of wild pig tags in lieu of wild pig validations, to set a fee for the procurement of a wild pig tag, and to adopt other requirements for a wild pig tag.
This bill would eliminate the requirement to obtain a depredation permit and also eliminate the authority to immediately take a wild pig under the above-described circumstances. The bill would instead provide that any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to damage or destroy, land or other property, may be taken at any time or in any manner by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises, as specified. Under the bill, an owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who chooses to inform the Department of Fish and Wildlife of a taking pursuant to these provisions, would be authorized to inform the department of the taking in a manner determined by the commission. The bill would require an owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who plans to take a wild pig at night, to give adequate notification, as determined by the department, to the department at its nearest local office at least 24 hours before the taking of any wild pig.
This bill would also prohibit a person from intentionally or knowingly releasing any hog, boar, pig, or swine to live in a wild or feral state upon public or private land and would prohibit a person from engaging in, sponsoring, or assisting in the operation of a contained hunting preserve, as defined, of wild pig, feral pig, European wild boar, or domestic swine within this state. The bill would also prohibit the use of poison to take exotic game mammals.
This bill would make other nonsubstantive and conforming changes to these provisions.
These provisions would become operative on July 1, 2019.
Because a violation of these new provisions would be a crime, this bill would impose a state-mandated local program.
(2)Existing law requires that funds deposited in the Big Game Management Account be available for expenditure upon appropriation by the Legislature to the Department of Fish and Wildlife to, among other things, implement programs to benefit wild pigs.
This bill, beginning July 1, 2019, would instead require that these funds be expended for the use of hunting to manage wild pigs.
(3)Existing law makes it unlawful for any person to import any swine into this state except for immediate slaughter unless the person procures a health certificate and an import permit from the Department of Food and Agriculture prior to the shipment or movement of the swine. Under existing law, a violation of the Food and Agricultural Code is a crime.
This bill, beginning July 1, 2019, would require the Department of Food and Agriculture to adopt regulations to require a person who possesses a domestic swine that has 2 or more phenotypical characteristics, as described, of a wild pig, to identify the swine with a brand, tattoo, or other permanent mark or visible tag approved by the department. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
(4)Existing law creates the Shared Habitat Alliance for Recreational Enhancement (SHARE) program in the Department of Fish and Wildlife, which is designed to improve public access to private or landlocked public land and provides that participating landowners will be compensated with monetary payment and liability protection for providing access to or through their land for recreational use and enjoyment of wildlife. Existing law provides that the SHARE program is funded with SHARE access permit application fees through the department.
This bill, beginning July 1, 2019, would require the department to work with landowners to mitigate depredation by sport hunting, including the application of the SHARE program, and would authorize the department to use the SHARE program and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(5)Existing law provides that, if a person with a lifetime hunting license pays a premium, the person shall annually be issued a deer tag application and 5 wild pig tags.
Under this bill, beginning July 1, 2019, if the Fish and Game Commission does not choose to require possession of wild pig tags in lieu of a wild pig validation, a person who pays the premium would be issued a deer tag application, a wild pig validation, and 8 Shared Habitat Alliance for Recreational Enhancement access permit applications.
(5)(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law defines the term wild pig for purposes of managing, taking, or hunting that species and classifies the wild pig as a game mammal. Under existing law, a mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal.
Existing law requires a person to procure, as specified, either a hunting license and a wild pig tag or a depredation permit in order to take a wild pig. However, existing law provides that any wild pig that is encountered while in the act of inflicting injury to, or damaging or destroying, or threatening to immediately damage or destroy, land or other property may be taken immediately by the owner or the owners employee or agent, as specified. Under existing law, a violation of the Fish and Game Code is a crime.
This bill would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or nongame mammal. The bill would expand the definition of wild pig to include feral pigs, European wild boars, and any pig that has 2 or more specified phenotypical characteristics and that does not have a permanent mark or visible tag, as specified. specified, and any free-roaming pig, feral pig, or European wild boar having no visible tags, markings, or characteristics indicating that the pig or boar is from a domestic herd. The bill would make this definition applicable to the entire Fish and Game Code. The bill would, however, also create the category of exotic game mammals to include wild pigs, including feral pigs and European wild boar. boar that are within the definition of that term.
This bill would replace the wild pig tag requirement with a wild pig validation that would authorize a person who procures the validation to take any number of wild pigs specified by the Fish and Game Commission during the license year of the validation. The bill would set the price of a wild pig validation at $15 for residents and $50 for nonresidents for the 2018 license year, and would provide for increases pursuant to a specified inflation index. However, the bill would authorize the commission to require the procurement of wild pig tags in lieu of wild pig validations, to set a fee for the procurement of a wild pig tag, and to adopt other requirements for a wild pig tag.
This bill would eliminate the requirement to obtain a depredation permit and also eliminate the authority to immediately take a wild pig under the above-described circumstances. The bill would instead provide that any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to damage or destroy, land or other property, may be taken at any time or in any manner by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises, as specified. Under the bill, an owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who chooses to inform the Department of Fish and Wildlife of a taking pursuant to these provisions, would be authorized to inform the department of the taking in a manner determined by the commission. The bill would require an owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who plans to take a wild pig at night, to give adequate notification, as determined by the department, to the department at its nearest local office at least 24 hours before the taking of any wild pig.
This bill would also prohibit a person from intentionally or knowingly releasing any hog, boar, pig, or swine to live in a wild or feral state upon public or private land and would prohibit a person from engaging in, sponsoring, or assisting in the operation of a contained hunting preserve, as defined, of wild pig, feral pig, European wild boar, or domestic swine within this state. The bill would also prohibit the use of poison to take exotic game mammals.
This bill would make other nonsubstantive and conforming changes to these provisions.
These provisions would become operative on July 1, 2019.
Because a violation of these new provisions would be a crime, this bill would impose a state-mandated local program.
(2)Existing law requires that funds deposited in the Big Game Management Account be available for expenditure upon appropriation by the Legislature to the Department of Fish and Wildlife to, among other things, implement programs to benefit wild pigs.
This bill, beginning July 1, 2019, would instead require that these funds be expended for the use of hunting to manage wild pigs.
(3)Existing law makes it unlawful for any person to import any swine into this state except for immediate slaughter unless the person procures a health certificate and an import permit from the Department of Food and Agriculture prior to the shipment or movement of the swine. Under existing law, a violation of the Food and Agricultural Code is a crime.
This bill, beginning July 1, 2019, would require the Department of Food and Agriculture to adopt regulations to require a person who possesses a domestic swine that has 2 or more phenotypical characteristics, as described, of a wild pig, to identify the swine with a brand, tattoo, or other permanent mark or visible tag approved by the department. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
(4)Existing law creates the Shared Habitat Alliance for Recreational Enhancement (SHARE) program in the Department of Fish and Wildlife, which is designed to improve public access to private or landlocked public land and provides that participating landowners will be compensated with monetary payment and liability protection for providing access to or through their land for recreational use and enjoyment of wildlife. Existing law provides that the SHARE program is funded with SHARE access permit application fees through the department.
This bill, beginning July 1, 2019, would require the department to work with landowners to mitigate depredation by sport hunting, including the application of the SHARE program, and would authorize the department to use the SHARE program and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law defines the term wild pig for purposes of managing, taking, or hunting that species and classifies the wild pig as a game mammal. Under existing law, a mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal.
Existing law requires a person to procure, as specified, either a hunting license and a wild pig tag or a depredation permit in order to take a wild pig. However, existing law provides that any wild pig that is encountered while in the act of inflicting injury to, or damaging or destroying, or threatening to immediately damage or destroy, land or other property may be taken immediately by the owner or the owners employee or agent, as specified. Under existing law, a violation of the Fish and Game Code is a crime.
This bill would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or nongame mammal. The bill would expand the definition of wild pig to include feral pigs, European wild boars, and any pig that has 2 or more specified phenotypical characteristics and that does not have a permanent mark or visible tag, as specified. The bill would make this definition applicable to the entire Fish and Game Code. The bill would, however, also create the category of exotic game mammals to include wild pigs, including feral pigs and European wild boar.
This bill would replace the wild pig tag requirement with a wild pig validation that would authorize a person who procures the validation to take any number of wild pigs specified by the Fish and Game Commission during the license year of the validation. The bill would set the price of a wild pig validation at $15 for residents and $50 for nonresidents for the 2018 license year, and would provide for increases pursuant to a specified inflation index. However, the bill would authorize the commission to require the procurement of wild pig tags in lieu of wild pig validations, to set a fee for the procurement of a wild pig tag, and to adopt other requirements for a wild pig tag.
This bill would eliminate the requirement to obtain a depredation permit and also eliminate the authority to immediately take a wild pig under the above-described circumstances. The bill would instead provide that any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to damage or destroy, land or other property, may be taken at any time or in any manner by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises, as specified. Under the bill, an owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who chooses to inform the Department of Fish and Wildlife of a taking pursuant to these provisions, would be authorized to inform the department of the taking in a manner determined by the commission. The bill would require an owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who plans to take a wild pig at night, to give adequate notification, as determined by the Department of Fish and Wildlife, department, to the department at its nearest local office at least 24 hours before the taking of any wild pig.
This bill would also prohibit a person from intentionally or knowingly releasing any hog, boar, pig, or swine to live in a wild or feral state upon public or private land and would prohibit a person from engaging in, sponsoring, or assisting in the operation of a contained hunting preserve, as defined, of wild pig, feral pig, European wild boar, or domestic swine within this state. The bill would also prohibit the use of poison to take exotic game mammals.
This bill would make other nonsubstantive and conforming changes to these provisions.
These provisions would become operative on July 1, 2019.
Because a violation of these new provisions would be a crime, this bill would impose a state-mandated local program.
(2)Existing law requires that funds deposited in the Big Game Management Account be available for expenditure upon appropriation by the Legislature to the Department of Fish and Wildlife to, among other things, implement programs to benefit wild pigs.
This bill, beginning July 1, 2019, would instead require that these funds be expended for the use of hunting to manage wild pigs.
(3)Existing law makes it unlawful for any person to import any swine into this state except for immediate slaughter unless the person procures a health certificate and an import permit from the Department of Food and Agriculture prior to the shipment or movement of the swine. Under existing law, a violation of the Food and Agricultural Code is a crime.
This bill, beginning July 1, 2019, would require the Department of Food and Agriculture to adopt regulations to require a person who possesses a domestic swine that has 2 or more phenotypical characteristics, as described, of a wild pig, to identify the swine with a brand, tattoo, or other permanent mark or visible tag approved by the department. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
(4)Existing law creates the Shared Habitat Alliance for Recreational Enhancement (SHARE) program in the Department of Fish and Wildlife, which is designed to improve public access to private or landlocked public land and provides that participating landowners will be compensated with monetary payment and liability protection for providing access to or through their land for recreational use and enjoyment of wildlife. Existing law provides that the SHARE program is funded with SHARE access permit application fees through the department.
This bill, beginning July 1, 2019, would require the department to work with landowners to mitigate depredation by sport hunting, including the application of the SHARE program, and would authorize the department to use the SHARE program and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law defines the term wild pig for purposes of managing, taking, or hunting that species and classifies the wild pig as a game mammal. Under existing law, a mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal.
Existing law requires a person to procure, as specified, either a hunting license and a wild pig tag or a depredation permit in order to take a wild pig. However, existing law provides that any wild pig that is encountered while in the act of inflicting injury to, or damaging or destroying, or threatening to immediately damage or destroy, land or other property may be taken immediately by the owner or the owners employee or agent, as specified. Under existing law, a violation of the Fish and Game Code is a crime.
This bill would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or nongame mammal. The bill would expand the definition of wild pig to include feral pigs, European wild boars, and any pig that has 2 or more specified phenotypical characteristics and that does not have a permanent mark or visible tag, as specified. The bill would make this definition applicable to the entire Fish and Game Code. The bill would, however, also create the category of exotic game mammals to include wild pigs, including feral pigs and European wild boar, fallow deer, Sitka deer, axis deer, and aoudad, mouflon, tahr, and feral goats. boar.
This bill would replace the wild pig tag requirement with a wild pig validation that would authorize a person who procures the validation to take any number of wild pigs specified by the Fish and Game Commission during the license year of the validation. The bill would set the price of a wild pig validation at $15 for residents and $50 for nonresidents for the 2018 license year, and would provide for increases pursuant to a specified inflation index. However, the bill would authorize the commission to require the procurement of wild pig tags in lieu of wild pig validations, to set a fee for the procurement of a wild pig tag, and to adopt other requirements for a wild pig tag.
This bill would eliminate the requirement to obtain a depredation permit and also eliminate the authority to immediately take a wild pig under the above-described circumstances. The bill would instead provide that any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to damage or destroy, land or other property, may be taken at any time or in any manner by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises, as specified. The bill would require an owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who plans to take a wild pig at night, to give adequate notification, as determined by the Department of Fish and Wildlife, to the department at its nearest local office at least 24 hours before the taking of any wild pig.
This bill would also prohibit a person from intentionally or knowingly releasing any hog, boar, pig, or swine to live in a wild or feral state upon public or private land and would prohibit a person from engaging in, sponsoring, or assisting in the operation of a contained hunting preserve, as defined, of wild pig, feral pig, European wild boar, or domestic swine within this state. The bill would also prohibit the use of poison to take exotic game mammals.
This bill would make other nonsubstantive and conforming changes to these provisions.
These provisions would become operative on July 1, 2019.
Because a violation of these new provisions would be a crime, this bill would impose a state-mandated local program.
(2)Existing law requires that funds deposited in the Big Game Management Account be available for expenditure upon appropriation by the Legislature to the Department of Fish and Wildlife to, among other things, implement programs to benefit wild pigs.
This bill, beginning July 1, 2019, would instead require that these funds be expended for the use of hunting to manage wild pigs.
(3)Existing law makes it unlawful for any person to import any swine into this state except for immediate slaughter unless the person procures a health certificate and an import permit from the Department of Food and Agriculture prior to the shipment or movement of the swine. Under existing law, a violation of the Food and Agricultural Code is a crime.
This bill, beginning July 1, 2019, would require the Department of Food and Agriculture to adopt regulations to require a person who possesses a domestic swine that has 2 or more phenotypical characteristics, as described, of a wild pig, to identify the swine with a brand, tattoo, or other permanent mark or visible tag approved by the department. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
(4)Existing law creates the Shared Habitat Alliance for Recreational Enhancement (SHARE) program in the Department of Fish and Wildlife, which is designed to improve public access to private or landlocked public land and provides that participating landowners will be compensated with monetary payment and liability protection for providing access to or through their land for recreational use and enjoyment of wildlife. Existing law provides that the SHARE program is funded with SHARE access permit application fees through the department.
This bill, beginning July 1, 2019, would require the department to work with landowners to mitigate depredation by sport hunting, including the application of the SHARE program, and would authorize the department to use the SHARE program and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law defines the term wild pig for purposes of managing, taking, or hunting that species and classifies the wild pig as a game mammal. Under existing law, a mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal.
Existing law requires a person to procure, as specified, either a hunting license and a wild pig tag or a depredation permit in order to take a wild pig. However, existing law provides that any wild pig that is encountered while in the act of inflicting injury to, or damaging or destroying, or threatening to immediately damage or destroy, land or other property may be taken immediately by the owner or the owners employee or agent, as specified. Under existing law, a violation of the Fish and Game Code is a crime.
This bill would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or nongame mammal. The bill would expand the definition of wild pig to include feral pigs, European wild boars, and any pig that has 2 or more specified phenotypical characteristics and that does not have a permanent mark or visible tag, as specified. The bill would make this definition applicable to the entire Fish and Game Code. The bill would, however, also create the category of exotic game mammals to include wild pigs, including feral pigs and European wild boar, fallow deer, Sitka deer, axis deer, and aoudad, mouflon, tahr, and feral goats.
This bill would replace the wild pig tag requirement with a wild pig validation that would authorize a person who procures the validation to take any number of wild pigs specified by the Fish and Game Commission during the license year of the validation. The bill would set the price of a wild pig validation at $15 for residents and $50 for nonresidents for the 2018 license year, and would provide for increases pursuant to a specified inflation index. However, the bill would authorize the commission to require the procurement of wild pig tags in lieu of wild pig validations, to set a fee for the procurement of a wild pig tag, and to adopt other requirements for a wild pig tag.
This bill would eliminate the requirement to obtain a depredation permit and also eliminate the authority to immediately take a wild pig under the above-described circumstances. The bill would instead provide that any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to damage or destroy, land or other property, may be taken at any time or in any manner by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises, as specified.
This bill would also prohibit a person from intentionally or knowingly releasing any hog, boar, pig, or swine to live in a wild or feral state upon public or private land and would prohibit a person from engaging in, sponsoring, or assisting in the operation of a contained hunting preserve, as defined, of wild pig, feral pig, European wild boar, or domestic swine within this state. The bill would also prohibit the use of poison to take exotic game mammals.
This bill would make other nonsubstantive and conforming changes to these provisions.
These provisions would become operative on July 1, 2019.
Because a violation of these new provisions would be a crime, this bill would impose a state-mandated local program.
(2)Existing law requires that funds deposited in the Big Game Management Account be available for expenditure upon appropriation by the Legislature to the Department of Fish and Wildlife to, among other things, implement programs to benefit wild pigs.
This bill, beginning July 1, 2019, would instead require that these funds be expended for the use of hunting to manage wild pigs.
(2)(3)Existing law makes it unlawful for any person to import any swine into this state except for immediate slaughter unless the person procures a health certificate and an import permit from the Department of Food and Agriculture prior to the shipment or movement of the swine. Under existing law, a violation of the Food and Agricultural Code is a crime.
This bill, beginning July 1, 2019, would require the Department of Food and Agriculture to adopt regulations to require a person who possesses a domestic swine that has 2 or more phenotypical characteristics, as described, of a wild pig, to identify the swine with a brand, tattoo, or other permanent mark or visible tag approved by the department. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
(4)Existing law creates the Shared Habitat Alliance for Recreational Enhancement (SHARE) program in the Department of Fish and Wildlife, which is designed to improve public access to private or landlocked public land and provides that participating landowners will be compensated with monetary payment and liability protection for providing access to or through their land for recreational use and enjoyment of wildlife. Existing law provides that the SHARE program is funded with SHARE access permit application fees through the department.
This bill, beginning July 1, 2019, would require the department to work with landowners to mitigate depredation by sport hunting, including the application of the SHARE program, and would authorize the department to use the SHARE program and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(3)(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law defines the term wild pig for purposes of managing, taking, or hunting that species and classifies the wild pig as a game mammal. Under existing law, a mammal occurring naturally in California that is not a game mammal, fully protected mammal, or fur-bearing mammal is a nongame mammal.
Existing law requires a person to procure, as specified, either a hunting license and a wild pig tag or a depredation permit in order to take a wild pig. However, existing law provides that any wild pig that is encountered while in the act of inflicting injury to, or damaging or destroying, or threatening to immediately damage or destroy, land or other property may be taken immediately by the owner or the owners employee or agent, as specified. Under existing law, a violation of the Fish and Game Code is a crime.
This bill would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or nongame mammal. The bill would expand the definition of wild pig to include feral pigs, European wild boars, and any pig that has 2 or more specified phenotypical characteristics and that does not have a permanent mark or visible tag, as specified. The bill would make this definition applicable to the entire Fish and Game Code.
This bill would replace the wild pig tag requirement with a wild pig validation that would authorize a person who procures the validation to take any number of wild pigs specified by the Fish and Game Commission during the license year of the validation. The bill would set the price of a wild pig validation at $15 for residents and $50 for nonresidents for the 2018 license year, and would provide for increases pursuant to a specified inflation index. However, the bill would authorize the commission to require the procurement of wild pig tags in lieu of wild pig validations, to set a fee for the procurement of a wild pig tag, and to adopt other requirements for a wild pig tag.
This bill would eliminate the requirement to obtain a depredation permit and also eliminate the authority to immediately take a wild pig under the above-described circumstances. The bill would instead provide that any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to damage or destroy, land or other property, may be taken at any time or in any manner by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises, as specified.
This bill would make other nonsubstantive and conforming changes to these provisions.
These provisions would become operative on July 1, 2019.
Because a violation of these new provisions would be a crime, this bill would impose a state-mandated local program.
(2)Existing law makes it unlawful for any person to import any swine into this state except for immediate slaughter unless the person procures a health certificate and an import permit from the Department of Food and Agriculture prior to the shipment or movement of the swine. Under existing law, a violation of the Food and Agricultural Code is a crime.
This bill, beginning July 1, 2019, would require the Department of Food and Agriculture to adopt regulations to require a person who possesses a domestic swine that has 2 or more phenotypical characteristics, as described, of a wild pig, to identify the swine with a brand, tattoo, or other permanent mark or visible tag approved by the department. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Notwithstanding Sections 1001, 1002, 4002, 4004, 4007, 4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997.
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, exotic game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997, except as regards exotic game mammals.
(e)This section shall become operative on July 1, 2019.
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 departments mammal hunting regulations (14 Cal. Code Regs. 350), with rifle or pistol, and when taking coyote, within the California condor range.
(2)For purposes of this section, California condor range means:
(A)The departments deer hunting zone A South, but excluding Santa Cruz, Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas west of Highway 101 within Santa Clara County, and areas between Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern Counties.
(B)Areas within deer hunting zones D7, D8, D9, D10, D11, and D13.
(3)The requirements of this subdivision shall remain in effect in the California condor range unless and until the more restrictive nonlead prohibitions required pursuant to subdivision (b) are implemented.
(b)Except as provided in subdivision (j), and as soon as is practicable as implemented by the commission pursuant to subdivision (i), but by no later than July 1, 2019, nonlead ammunition, as determined by the commission, shall be required when taking all wildlife, including game mammals, game birds, nongame birds, and nongame mammals, with any firearm.
(c)(1)The commission shall maintain, by regulation, a public process to certify ammunition as nonlead ammunition, and shall define, by regulation, nonlead ammunition as including only ammunition in which there is no lead content, excluding the presence of trace amounts of lead. The commission shall establish and annually update a list of certified ammunition.
(2)The list of certified ammunition shall include, but not be limited to, any federally approved nontoxic shotgun ammunition.
(d)(1)To the extent that funding is available, the commission shall establish a process that will provide hunters with nonlead ammunition at no or reduced charge. The process shall provide that the offer for nonlead ammunition at no or reduced charge may be redeemed through a coupon sent to a permitholder with the appropriate permit tag. If available funding is not sufficient to provide nonlead ammunition at no charge, the commission shall set the value of the reduced charge coupon at the maximum value possible through available funding, up to the average cost within this state for nonlead ammunition, as determined by the commission.
(2)The nonlead ammunition coupon program described in paragraph (1) shall be implemented only to the extent that sufficient funding, as determined by the Department of Finance, is obtained from local, federal, public, or other nonstate sources in order to implement the program.
(3)If the nonlead ammunition coupon program is implemented, the commission shall issue a report on the usage and redemption rates of ammunition coupons. The report shall cover calendar years 2008, 2009, and 2012. Each report shall be issued by June of the following year.
(e)The commission shall issue a report on the levels of lead found in California condors. This report shall cover calendar years 2008, 2009, and 2012. Each report shall be issued by June of the following year.
(f)The department shall notify those hunters who may be affected by this section.
(g)A person who violates any provision of this section is guilty of an infraction punishable by a fine of five hundred dollars ($500). A second or subsequent offense shall be punishable by a fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000).
(h)This section does not apply to government officials or their agents when carrying out a statutory duty required by law.
(i)The commission shall promulgate regulations by July 1, 2015, that phase in the requirements of this section. The requirements of this section shall be fully implemented statewide by no later than July 1, 2019. If any of the requirements of this section can be implemented practicably, in whole or in part, in advance of July 1, 2019, the commission shall implement those requirements. The commission shall not reduce or eliminate any existing regulatory restrictions on the use of lead ammunition in the California condor range unless or until the additional requirements for use of nonlead ammunition as required by this section are implemented.
(j)(1)The prohibition in subdivision (b) shall be temporarily suspended for a specific hunting season and caliber upon a finding by the director that nonlead ammunition of a specific caliber is not commercially available from any manufacturer because of federal prohibitions relating to armor-piercing ammunition pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(2)Notwithstanding a suspension pursuant to paragraph (1), nonlead ammunition shall be used when taking big game mammals, nongame birds, or nongame mammals in the California condor range, as defined in subdivision (a).
(k)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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 departments mammal hunting regulations (14 Cal. Code Regs. 350), with rifle or pistol, and when taking coyote, within the California condor range.
(2)For purposes of this section, California condor range means:
(A)The departments deer hunting zone A South, but excluding Santa Cruz, Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas west of Highway 101 within Santa Clara County, and areas between Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern Counties.
(B)Areas within deer hunting zones D7, D8, D9, D10, D11, and D13.
(3)The requirements of this subdivision shall remain in effect in the California condor range unless and until the more restrictive nonlead prohibitions required pursuant to subdivision (b) are implemented.
(b)Except as provided in subdivision (j), and as soon as is practicable as implemented by the commission pursuant to subdivision (i), but by no later than July 1, 2019, nonlead ammunition, as determined by the commission, shall be required when taking all wildlife, including game mammals, exotic game mammals, game birds, nongame birds, and nongame mammals, with any firearm.
(c)(1)The commission shall maintain, by regulation, a public process to certify ammunition as nonlead ammunition, and shall define, by regulation, nonlead ammunition as including only ammunition in which there is no lead content, excluding the presence of trace amounts of lead. The commission shall establish and annually update a list of certified ammunition.
(2)The list of certified ammunition shall include, but not be limited to, any federally approved nontoxic shotgun ammunition.
(d)(1)To the extent that funding is available, the commission shall establish a process that will provide hunters with nonlead ammunition at no or reduced charge. The process shall provide that the offer for nonlead ammunition at no or reduced charge may be redeemed through a coupon sent to a permitholder with the appropriate permit tag. If available funding is not sufficient to provide nonlead ammunition at no charge, the commission shall set the value of the reduced charge coupon at the maximum value possible through available funding, up to the average cost within this state for nonlead ammunition, as determined by the commission.
(2)The nonlead ammunition coupon program described in paragraph (1) shall be implemented only to the extent that sufficient funding, as determined by the Department of Finance, is obtained from local, federal, public, or other nonstate sources in order to implement the program.
(3)If the nonlead ammunition coupon program is implemented, the commission shall issue a report on the usage and redemption rates of ammunition coupons. The report shall cover calendar years 2008, 2009, and 2012. Each report shall be issued by June of the following year.
(e)The commission shall issue a report on the levels of lead found in California condors. This report shall cover calendar years 2008, 2009, and 2012. Each report shall be issued by June of the following year.
(f)The department shall notify those hunters who may be affected by this section.
(g)A person who violates any provision of this section is guilty of an infraction punishable by a fine of five hundred dollars ($500). A second or subsequent offense shall be punishable by a fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000).
(h)This section does not apply to government officials or their agents when carrying out a statutory duty required by law.
(i)The commission shall promulgate regulations by July 1, 2015, that phase in the requirements of this section. The requirements of this section shall be fully implemented statewide by no later than July 1, 2019. If any of the requirements of this section can be implemented practicably, in whole or in part, in advance of July 1, 2019, the commission shall implement those requirements. The commission shall not reduce or eliminate any existing regulatory restrictions on the use of lead ammunition in the California condor range unless or until the additional requirements for use of nonlead ammunition as required by this section are implemented.
(j)(1)The prohibition in subdivision (b) shall be temporarily suspended for a specific hunting season and caliber upon a finding by the director that nonlead ammunition of a specific caliber is not commercially available from any manufacturer because of federal prohibitions relating to armor-piercing ammunition pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(2)Notwithstanding a suspension pursuant to paragraph (1), nonlead ammunition shall be used when taking big game mammals, exotic game mammals, nongame birds, or nongame mammals in the California condor range, as defined in subdivision (a).
(k)This section shall become operative on July 1, 2019.
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.
(b)The commission may promulgate regulations permitting the temporary confinement of game mammals, game birds, nongame birds, nongame mammals, or furbearers for the purpose of treating the animals, if injured or diseased.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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.
(b)The commission may promulgate regulations permitting the temporary confinement of game mammals, exotic game mammals, game birds, nongame birds, nongame mammals, or furbearers for the purpose of treating the animals, if injured or diseased.
(c)This section shall become operative on July 1, 2019.
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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4654. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)(1)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall annually be issued both of the following:
(A)One deer tag application pursuant to subdivision (a) of Section 4332.
(B)Five wild pig tags, or a wild pig validation pursuant to Section 4654, 4654.1, as applicable. If a wild pig validation is issued, the person shall also be issued eight applications for Shared Habitat Alliance for Recreational Enhancement (SHARE) access permits, for different SHARE opportunities of the persons choice, under the SHARE program established in Section 1572.
(2)Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become operative on July 1, 2019.
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).
(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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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).
(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.
(c)This section shall become operative on July 1, 2019.
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.
(b)Except as provided in Section 709, all revenues from the sale of antelope, elk, deer, wild pig, bear, and sheep tags, including any fundraising tags, 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 vendors 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. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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.
(b)Except as provided in Section 709, all revenues from the sale of antelope, elk, deer, bear, and sheep tags, and wild pig validations, including any fundraising tags or 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 or validation, with an itemized receipt showing the sale price and the 5-percent reduction retained by the nonprofit organization as a vendors 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, bear, and sheep, or the use of hunting to manage wild pigs, and expanding public hunting opportunities and related public outreach. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become operative on July 1, 2019.
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:1.5.Exotic Game Mammals3965.(a)Exotic game mammals include wild pigs, including feral pigs and European wild boar (genus Sus) described in Section 4650.
(b)This section shall become operative on July 1, 2019.
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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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.
(b)This section shall become operative on July 1, 2019.
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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent 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)With respect to elk, the following procedures shall apply:
(1)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, 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).
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent reoccurrence.
(c)With respect to elk, the following procedures shall apply:
(1)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, 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).
(d)This section shall become operative on July 1, 2019.
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 owners 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 owners 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)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), 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)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(e)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.
(f)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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 owners 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)The department shall make a record of each report made pursuant to subdivision (a) and may have an employee of the department investigate the taking or cause the taking to be investigated. 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 taken under subdivision (a), issue a written statement to the person confirming that the requirements of this section have been met.
(c)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(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.
(e)This section shall become operative on July 1, 2019.
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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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.
(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, 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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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.
(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 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.
(c)This section shall become operative on July 1, 2019.
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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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.
(b)A person shall not at any time leave through carelessness or neglect any game mammal, exotic game mammal, or game bird that is in his or her possession, or any portion of the flesh of that animal usually eaten by humans, to go needlessly to waste.
(c)This section does not apply to game mammals taken pursuant to Section 4152 or to wild pigs taken pursuant to subdivision (b) of Section 4652.
(d)This section shall become operative on July 1, 2019.
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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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:
(1)(A)A pig having two or more phenotypical characteristics specified in subparagraph (B) that does not have a brand, tattoo, or other permanent mark or visible tag approved by the Department of Food and Agriculture pursuant to Section 10791 of the Food and Agricultural Code.
(B)Phenotypical characteristics:
(i)Having a coat described by all of the following: long, dark, coarse bristles and guard hairs; the undercoat, when present, is lighter in color than the overlaying coat; and individual hairs have bristle tips that are lighter in color than the rest of the hair shaft.
(ii)Having dark point coloration: distal portion of the snout, ears, legs, and tail are dark brown to black in coloration.
(iii)Having a skeletal appearance that has both of the following characteristics: the skull is large, measuring up to one-third of the total body length; and a short massive trunk with underdeveloped hindquarters.
(iv)Having a head with small, deep-set eyes and an elongated snout.
(v)Tail: tails are held straight or slightly curved but contain muscular structure to curl the tail.
(vi)Having teeth satisfying all of the following, as applicable: males have well-developed canine teeth; upper canines are relatively short and grow sideways early in life and gradually curl upwards with age; lower canines are sharper and longer with exposed parts measuring up to 12 cm (4.7 inches) in length.
(2)A free-roaming pig, feral pig, or European wild boar having no visible tags, markings, or characteristics indicating that the pig or boar is from a domestic herd.
(b)This section shall become operative on July 1, 2019.
SEC. 27.Section 4651 of the Fish and Game Code is amended to read: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 departments 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.SEC. 28.Section 4651 is added to the Fish and Game Code, to read:4651.(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.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 departments 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 201819 license year to the 202223 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:
(1)For the first license year, the department shall collect baseline takings information by conducting a mail survey of hunters who purchase wild pig validations. The department shall conduct a followup mail survey for each subsequent license year. The department shall validate each mail survey pursuant to this paragraph by conducting a subsequent phone survey of a statistically meaningful sample of those hunters.
(2)For each license year, the department shall contact persons who, in the 2018 calendar year, were issued depredation permits to take wild pigs pursuant to Section 4181, as that section was in effect in the 2018 calendar year, to assess whether they have continued to take wild pigs.
(b)On or before January 1, 2025, the department shall submit to the Legislature a report that evaluates wild pig takings trends to determine whether wild pig takings have increased.
(c)(1)A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(2)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2026.
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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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 4654 4654.1 authorizes the holder of the validation to take any number of wild pigs during the license year of the validation, as specified by the commission.
(b)(1)Any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to 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 at any time or in any manner in accordance with this code and regulations adopted pursuant to this code by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises. Wild pigs may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city officers or employees when acting in their official capacities. Persons taking wild pigs in accordance with this subdivision are exempt from Section 3007, except when providing trapping services for a fee.
(2)An owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who plans to take a wild pig at night pursuant to paragraph (1), shall give adequate notification, as determined by the department, to the department at its nearest local office at least 24 hours before the taking of any wild pig.
(3)An owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who takes a wild pig pursuant to paragraph (1), and chooses to inform the department of the taking, may inform the department in a manner determined by the commission. The manner of informing the department shall be determined with consideration of the ease of providing information in that manner.
(4)Traps used pursuant to this subdivision shall be inspected and all animals in the traps shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set, or an agent of either.
(c)The use of poison to take exotic game mammals is prohibited.
(d)The department may use the Shared Habitat Alliance for Recreational Enhancement (SHARE) program (Article 3 (commencing with Section 1570) of Chapter 5 of Division 2) and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(e)This section shall become operative on July 1, 2019.
SEC. 31.Section 4652.5 is added to the Fish and Game Code, to read:4652.5.(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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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 license, 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 upon payment of a base fee of fifteen dollars ($15), for each wild pig tag.
(b)Any nonresident, 12 years of age or older, who possesses a valid California nonresident hunting license, 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 upon payment of a base fee of fifty dollars ($50), for each wild pig tag.
(c)The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(d)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 34.Section 4654 is added to the Fish and Game Code, to read:4654.(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.SEC. 33.Section 4654.1 is added to the Fish and Game Code, to read:4654.1.(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 twenty-five dollars ($25) for the license year beginning on July 1, 2019, and the base fee as adjusted pursuant to Section 713 for subsequent license years.
(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 seventy-five dollars ($75) for the license year beginning on July 1, 2019, and the base fee as adjusted pursuant to Section 713 for subsequent license years.
SEC. 35.SEC. 34.Section 4655 of the Fish and Game Code is amended to read:4655.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 36.SEC. 35.Section 4655 is added to the Fish and Game Code, to read:4655.(a)Wild pig validations 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.
(b)This section shall become operative on July 1, 2019.
SEC. 37.SEC. 36.Section 4657 of the Fish and Game Code is amended to read:4657.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 38.SEC. 37.Section 4657 is added to the Fish and Game Code, to read:4657.(a)The holder of a wild pig validation shall keep the validation in his or her possession while hunting wild pig.
(b)(1)The commission shall adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig.
(2)The regulations adopted pursuant to this section shall provide for reporting of any take of a wild pig electronically, and shall require the following information:
(A)The identity of the person taking the wild pig.
(B)The date and location of the taking of the wild pig.
(C)Any other information the commission finds would be appropriate to better understand the location and abundance, and rate of take, of wild pigs or to enforce the provisions of this code or Title 14 of the California Code of Regulations.
(3)The regulations adopted pursuant to this section shall provide for the electronic notification of the department regarding plans to take a wild pig at night pursuant to paragraph (1) of subdivision (b) of Section 4652.
(c)This section shall become operative on July 1, 2019.
SEC. 39.SEC. 38.Article 5 (commencing with Section 10791) is added to Chapter 1 of Part 3 of Division 5 of the Food and Agricultural Code, to read:5.Marking and Validations10791.(a)The department shall adopt regulations to require a person who possesses a domestic swine that has two or more phenotypical characteristics specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 4650 of the Fish and Game Code to identify the swine with a brand, tattoo, or other permanent mark or visible validation approved by the department.
(b)This section shall become operative on July 1, 2019.
SEC. 40.SEC. 39.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Notwithstanding Sections 1001, 1002, 4002, 4004, 4007, 4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997.
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, exotic game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997, except as regards exotic game mammals.
(e)This section shall become operative on July 1, 2019.
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 departments mammal hunting regulations (14 Cal. Code Regs. 350), with rifle or pistol, and when taking coyote, within the California condor range.
(2)For purposes of this section, California condor range means:
(A)The departments deer hunting zone A South, but excluding Santa Cruz, Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas west of Highway 101 within Santa Clara County, and areas between Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern Counties.
(B)Areas within deer hunting zones D7, D8, D9, D10, D11, and D13.
(3)The requirements of this subdivision shall remain in effect in the California condor range unless and until the more restrictive nonlead prohibitions required pursuant to subdivision (b) are implemented.
(b)Except as provided in subdivision (j), and as soon as is practicable as implemented by the commission pursuant to subdivision (i), but by no later than July 1, 2019, nonlead ammunition, as determined by the commission, shall be required when taking all wildlife, including game mammals, game birds, nongame birds, and nongame mammals, with any firearm.
(c)(1)The commission shall maintain, by regulation, a public process to certify ammunition as nonlead ammunition, and shall define, by regulation, nonlead ammunition as including only ammunition in which there is no lead content, excluding the presence of trace amounts of lead. The commission shall establish and annually update a list of certified ammunition.
(2)The list of certified ammunition shall include, but not be limited to, any federally approved nontoxic shotgun ammunition.
(d)(1)To the extent that funding is available, the commission shall establish a process that will provide hunters with nonlead ammunition at no or reduced charge. The process shall provide that the offer for nonlead ammunition at no or reduced charge may be redeemed through a coupon sent to a permitholder with the appropriate permit tag. If available funding is not sufficient to provide nonlead ammunition at no charge, the commission shall set the value of the reduced charge coupon at the maximum value possible through available funding, up to the average cost within this state for nonlead ammunition, as determined by the commission.
(2)The nonlead ammunition coupon program described in paragraph (1) shall be implemented only to the extent that sufficient funding, as determined by the Department of Finance, is obtained from local, federal, public, or other nonstate sources in order to implement the program.
(3)If the nonlead ammunition coupon program is implemented, the commission shall issue a report on the usage and redemption rates of ammunition coupons. The report shall cover calendar years 2008, 2009, and 2012. Each report shall be issued by June of the following year.
(e)The commission shall issue a report on the levels of lead found in California condors. This report shall cover calendar years 2008, 2009, and 2012. Each report shall be issued by June of the following year.
(f)The department shall notify those hunters who may be affected by this section.
(g)A person who violates any provision of this section is guilty of an infraction punishable by a fine of five hundred dollars ($500). A second or subsequent offense shall be punishable by a fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000).
(h)This section does not apply to government officials or their agents when carrying out a statutory duty required by law.
(i)The commission shall promulgate regulations by July 1, 2015, that phase in the requirements of this section. The requirements of this section shall be fully implemented statewide by no later than July 1, 2019. If any of the requirements of this section can be implemented practicably, in whole or in part, in advance of July 1, 2019, the commission shall implement those requirements. The commission shall not reduce or eliminate any existing regulatory restrictions on the use of lead ammunition in California condor range unless or until the additional requirements for use of nonlead ammunition as required by this section are implemented.
(j)(1)The prohibition in subdivision (b) shall be temporarily suspended for a specific hunting season and caliber upon a finding by the director that nonlead ammunition of a specific caliber is not commercially available from any manufacturer because of federal prohibitions relating to armor-piercing ammunition pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(2)Notwithstanding a suspension pursuant to paragraph (1), nonlead ammunition shall be used when taking big game mammals, nongame birds, or nongame mammals in the California condor range, as defined in subdivision (a).
(k)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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 departments mammal hunting regulations (14 Cal. Code Regs. 350), with rifle or pistol, and when taking coyote, within the California condor range.
(2)For purposes of this section, California condor range means:
(A)The departments deer hunting zone A South, but excluding Santa Cruz, Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas west of Highway 101 within Santa Clara County, and areas between Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern Counties.
(B)Areas within deer hunting zones D7, D8, D9, D10, D11, and D13.
(3)The requirements of this subdivision shall remain in effect in the California condor range unless and until the more restrictive nonlead prohibitions required pursuant to subdivision (b) are implemented.
(b)Except as provided in subdivision (j), and as soon as is practicable as implemented by the commission pursuant to subdivision (i), but by no later than July 1, 2019, nonlead ammunition, as determined by the commission, shall be required when taking all wildlife, including game mammals, exotic game mammals, game birds, nongame birds, and nongame mammals, with any firearm.
(c)(1)The commission shall maintain, by regulation, a public process to certify ammunition as nonlead ammunition, and shall define, by regulation, nonlead ammunition as including only ammunition in which there is no lead content, excluding the presence of trace amounts of lead. The commission shall establish and annually update a list of certified ammunition.
(2)The list of certified ammunition shall include, but not be limited to, any federally approved nontoxic shotgun ammunition.
(d)(1)To the extent that funding is available, the commission shall establish a process that will provide hunters with nonlead ammunition at no or reduced charge. The process shall provide that the offer for nonlead ammunition at no or reduced charge may be redeemed through a coupon sent to a permitholder with the appropriate permit tag. If available funding is not sufficient to provide nonlead ammunition at no charge, the commission shall set the value of the reduced charge coupon at the maximum value possible through available funding, up to the average cost within this state for nonlead ammunition, as determined by the commission.
(2)The nonlead ammunition coupon program described in paragraph (1) shall be implemented only to the extent that sufficient funding, as determined by the Department of Finance, is obtained from local, federal, public, or other nonstate sources in order to implement the program.
(3)If the nonlead ammunition coupon program is implemented, the commission shall issue a report on the usage and redemption rates of ammunition coupons. The report shall cover calendar years 2008, 2009, and 2012. Each report shall be issued by June of the following year.
(e)The commission shall issue a report on the levels of lead found in California condors. This report shall cover calendar years 2008, 2009, and 2012. Each report shall be issued by June of the following year.
(f)The department shall notify those hunters who may be affected by this section.
(g)A person who violates any provision of this section is guilty of an infraction punishable by a fine of five hundred dollars ($500). A second or subsequent offense shall be punishable by a fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000).
(h)This section does not apply to government officials or their agents when carrying out a statutory duty required by law.
(i)The commission shall promulgate regulations by July 1, 2015, that phase in the requirements of this section. The requirements of this section shall be fully implemented statewide by no later than July 1, 2019. If any of the requirements of this section can be implemented practicably, in whole or in part, in advance of July 1, 2019, the commission shall implement those requirements. The commission shall not reduce or eliminate any existing regulatory restrictions on the use of lead ammunition in California condor range unless or until the additional requirements for use of nonlead ammunition as required by this section are implemented.
(j)(1)The prohibition in subdivision (b) shall be temporarily suspended for a specific hunting season and caliber upon a finding by the director that nonlead ammunition of a specific caliber is not commercially available from any manufacturer because of federal prohibitions relating to armor-piercing ammunition pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code.
(2)Notwithstanding a suspension pursuant to paragraph (1), nonlead ammunition shall be used when taking big game mammals, exotic game mammals, nongame birds, or nongame mammals in the California condor range, as defined in subdivision (a).
(k)This section shall become operative on July 1, 2019.
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 thereto. to this code. Any bird or mammal possessed or confined in violation of this section shall be seized by the department.
The
(b)The commission may promulgate regulations permitting the temporary confinement of game mammals, game birds, nongame birds, nongame mammals, or furbearers for the purpose of treating the animals, if injured or diseased.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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.
(b)The commission may promulgate regulations permitting the temporary confinement of game mammals, exotic game mammals, game birds, nongame birds, nongame mammals, or furbearers for the purpose of treating the animals, if injured or diseased.
(c)This section shall become operative on July 1, 2019.
SEC. 3.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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4654. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 4.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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)(1)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall annually be issued both of the following:
(A)One deer tag application pursuant to subdivision (a) of Section 4332.
(B)Five wild pig tags pursuant to Section 4658, tags, or a wild pig validation pursuant to Section 4654, as applicable. If a wild pig validation is issued, the person shall also be issued eight applications for Shared Habitat Alliance for Recreational Enhancement (SHARE) access permits, for different SHARE opportunities of the persons choice, under the SHARE program established in Section 1572.
(2)Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become operative on July 1, 2019.
SEC. 5.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).
(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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 6.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).
(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.
(c)This section shall become operative on July 1, 2019.
SEC. 7.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.
(b)Except as provided in Section 709, all revenues from the sale of antelope, elk, deer, wild pig, bear, and sheep tags, including any fundraising tags, 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 vendors 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. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 8.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.
(b)Except as provided in Section 709, all revenues from the sale of antelope, elk, deer, bear, and sheep tags, and wild pig validations, including any fundraising tags or 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 or validation, with an itemized receipt showing the sale price and the 5-percent reduction retained by the nonprofit organization as a vendors 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, bear, and sheep, or the use of hunting to manage wild pigs, and expanding public hunting opportunities and related public outreach. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become operative on July 1, 2019.
SEC. 9.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:1.5.Exotic Game Mammals3965.(a)Exotic game mammals include wild pigs, including feral pigs and European wild boar (genus Sus) described in Section 4650.
(b)This section shall become operative on July 1, 2019.
SEC. 10.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 11.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.
(b)This section shall become operative on July 1, 2019.
SEC. 12.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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent 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)With respect to elk, the following procedures shall apply:
(1)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, 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).
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 13.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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent reoccurrence.
(c)With respect to elk, the following procedures shall apply:
(1)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, 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).
(d)This section shall become operative on July 1, 2019.
SEC. 14.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 owners 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 owners 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)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), 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)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(e)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.
(f)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 15.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 owners 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)The department shall make a record of each report made pursuant to subdivision (a) and may have an employee of the department investigate the taking or cause the taking to be investigated. 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 taken under subdivision (a), issue a written statement to the person confirming that the requirements of this section have been met.
(c)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(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.
(e)This section shall become operative on July 1, 2019.
SEC. 16.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 17.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.
(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, 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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 18.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.
(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 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.
(c)This section shall become operative on July 1, 2019.
SEC. 19.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 20.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.
(b)A person shall not at any time leave through carelessness or neglect any game mammal, exotic game mammal, or game bird that is in his or her possession, or any portion of the flesh of that animal usually eaten by humans, to go needlessly to waste.
(c)This section does not apply to game mammals taken pursuant to Section 4152 or to wild pigs taken pursuant to subdivision (b) of Section 4652.
(d)This section shall become operative on July 1, 2019.
SEC. 21.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 22.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:
(1)(A)A pig having two or more phenotypical characteristics specified in subparagraph (B) that does not have a brand, tattoo, or other permanent mark or visible tag approved by the Department of Food and Agriculture pursuant to Section 10791 of the Food and Agricultural Code.
(B)Phenotypical characteristics:
(i)Having a coat described by all of the following: long, dark, coarse bristles and guard hairs; the undercoat, when present, is lighter in color than the overlaying coat; and individual hairs have bristle tips that are lighter in color than the rest of the hair shaft.
(ii)Having dark point coloration: distal portion of the snout, ears, legs, and tail are dark brown to black in coloration.
(iii)Having a skeletal appearance that has both of the following characteristics: the skull is large, measuring up to one-third of the total body length; and a short massive trunk with underdeveloped hindquarters.
(iv)Having a head with small, deep-set eyes and an elongated snout.
(v)Tail: tails are held straight or slightly curved but contain muscular structure to curl the tail.
(vi)Having teeth satisfying all of the following, as applicable: males have well-developed canine teeth; upper canines are relatively short and grow sideways early in life and gradually curl upwards with age; lower canines are sharper and longer with exposed parts measuring up to 12 cm (4.7 inches) in length.
(2)A free-roaming pig, feral pig, or European wild boar having no visible tags, markings, or characteristics indicating that the pig or boar is from a domestic herd.
(b)This section shall become operative on July 1, 2019.
SEC. 23.SEC. 27.Section 4651 of the Fish and Game Code is amended to read: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 departments 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.
SEC. 24.SEC. 28.Section 4651 is added to the Fish and Game Code, to read:4651.(a)The department shall prepare a plan for the management of wild pigs. 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 may 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 or tags pursuant to Section 4657 or 4658 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. 25.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 26.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) and Section 4658, (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 4654 authorizes the holder of the validation to take any number of wild pigs during the license year of the validation, as specified by the commission.
(b)(1)Any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to 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 at any time or in any manner in accordance with this code and regulations adopted pursuant to this code by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises. Wild pigs may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city officers or employees when acting in their official capacities. Persons taking wild pigs in accordance with this subdivision are exempt from Section 3007, except when providing trapping services for a fee.
(2)An owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who plans to take a wild pig at night pursuant to paragraph (1), shall give adequate notification, as determined by the department, to the department at its nearest local office at least 24 hours before the taking of any wild pig.
(3)An owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who takes a wild pig pursuant to paragraph (1), and chooses to inform the department of the taking, may inform the department in a manner determined by the commission. The manner of informing the department shall be determined with consideration of the ease of providing information in that manner.
(4)Traps used pursuant to this subdivision shall be inspected and all animals in the traps shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set, or an agent of either.
(c)The use of poison to take exotic game mammals is prohibited.
(d)The department may use the Shared Habitat Alliance for Recreational Enhancement (SHARE) program (Article 3 (commencing with Section 1570) of Chapter 5 of Division 2) and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(e)This section shall become operative on July 1, 2019.
SEC. 27.SEC. 31.Section 4652.5 is added to the Fish and Game Code, to read:4652.5.(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. 28.SEC. 32.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 29.SEC. 33.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 upon payment of a base fee of fifteen dollars ($15), for each wild pig tag.
(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 upon payment of a base fee of fifty dollars ($50), for each wild pig tag.
(c)The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(d)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 30.SEC. 34.Section 4654 is added to the Fish and Game Code, to read:4654.(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.
SEC. 31.SEC. 35.Section 4655 of the Fish and Game Code is amended to read:4655.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 32.SEC. 36.Section 4655 is added to the Fish and Game Code, to read:4655.(a)Wild pig validations 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.
(b)This section shall become operative on July 1, 2019.
SEC. 33.SEC. 37.Section 4657 of the Fish and Game Code is amended to read:4657.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 34.SEC. 38.Section 4657 is added to the Fish and Game Code, to read:4657.(a)The holder of a wild pig validation shall keep the validation in his or her possession while hunting wild pig. The
(b)(1)The commission may shall adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig under a wild pig validation. pig.
(2)The regulations adopted pursuant to this section shall provide for reporting of any take of a wild pig electronically, and shall require the following information:
(A)The identity of the person taking the wild pig.
(B)The date and location of the taking of the wild pig.
(C)Any other information the commission finds would be appropriate to better understand the location and abundance, and rate of take, of wild pigs or to enforce the provisions of this code or Title 14 of the California Code of Regulations.
(3)The regulations adopted pursuant to this section shall provide for the electronic notification of the department regarding plans to take a wild pig at night pursuant to paragraph (1) of subdivision (b) of Section 4652.
(b)(c)This section shall become operative on July 1, 2019.
SEC. 35.Section 4658 is added to the Fish and Game Code, to read:4658.(a)The commission may require the procurement of wild pig tags in lieu of wild pig validations. The commission may set a fee for the procurement of a wild pig tag and may adopt other requirements relating to wild pig tags.(b)This section shall become operative on July 1, 2019.SEC. 36.SEC. 39.Article 5 (commencing with Section 10791) is added to Chapter 1 of Part 3 of Division 5 of the Food and Agricultural Code, to read:5.Marking and Validations10791.(a)The department shall adopt regulations to require a person who possesses a domestic swine that has two or more phenotypical characteristics specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 4650 of the Fish and Game Code to identify the swine with a brand, tattoo, or other permanent mark or visible validation approved by the department.
(b)This section shall become operative on July 1, 2019.
SEC. 37.SEC. 40.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Notwithstanding Sections 1001, 1002, 4002, 4004, 4007, 4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997.
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, exotic game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997, except as regards exotic game mammals.
(e)This section shall become operative on July 1, 2019.
SEC. 3.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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4654. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 4.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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)(1)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall annually be issued annually one both of the following:
(A)One deer tag application pursuant to subdivision (a) of Section 4332 and five 4332.
(B)Five wild pig tags pursuant to Section 4658, or a wild pig validation pursuant to Section 4654, as applicable. Lifetime If a wild pig validation is issued, the person shall also be issued eight applications for Shared Habitat Alliance for Recreational Enhancement (SHARE) access permits, for different SHARE opportunities of the persons choice, under the SHARE program established in Section 1572.
(2)Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become operative on July 1, 2019.
SEC. 5.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).
(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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 6.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).
(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.
(c)This section shall become operative on July 1, 2019.
SEC. 7.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 revenues from the sale of antelope, elk, deer, wild pig, bear, and sheep tags, including any fundraising tags, 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 vendors 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. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 8.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.
(b)Except as provided in Section 709, all revenues from the sale of antelope, elk, deer, bear, and sheep tags, and wild pig validations, including any fundraising tags or 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 or validation, with an itemized receipt showing the sale price and the 5-percent reduction retained by the nonprofit organization as a vendors 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, bear, and sheep, or the use of hunting to manage wild pigs, and expanding public hunting opportunities and related public outreach. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become operative on July 1, 2019.
SEC. 9.Chapter 1.5 (commencing with Section 3965) is added to Part 3 of Division 4 of the Fish and Game Code, to read:1.5.Exotic Game Mammals3965.(a)Exotic game mammals include wild pigs, including feral pigs and European wild boar (genus Sus) described in Section 4650.
(b)This section shall become operative on July 1, 2019.
SEC. 10.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 11.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.
(b)This section shall become operative on July 1, 2019.
SEC. 12.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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent 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)With respect to elk, the following procedures shall apply:
(1)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, 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).
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 13.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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent reoccurrence.
(c)With respect to elk, the following procedures shall apply:
(1)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, 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).
(d)This section shall become operative on July 1, 2019.
SEC. 14.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 owners 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 owners 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)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), 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)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(e)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.
(f)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 15.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 owners 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)The department shall make a record of each report made pursuant to subdivision (a) and may have an employee of the department investigate the taking or cause the taking to be investigated. 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 taken under subdivision (a), issue a written statement to the person confirming that the requirements of this section have been met.
(c)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(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.
(e)This section shall become operative on July 1, 2019.
SEC. 16.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 17.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.
(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, 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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 18.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.
(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 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.
(c)This section shall become operative on July 1, 2019.
SEC. 19.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 20.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.
(b)A person shall not at any time leave through carelessness or neglect any game mammal, exotic game mammal, or game bird that is in his or her possession, or any portion of the flesh of that animal usually eaten by humans, to go needlessly to waste.
(c)This section does not apply to game mammals taken pursuant to Section 4152 or to wild pigs taken pursuant to subdivision (b) of Section 4652.
(d)This section shall become operative on July 1, 2019.
SEC. 21.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 22.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:
(1)(A)A pig having two or more phenotypical characteristics specified in subparagraph (B) that does not have a brand, tattoo, or other permanent mark or visible tag approved by the Department of Food or and Agriculture pursuant to Section 10791 of the Food and Agricultural Code.
(B)Phenotypical characteristics:
(i)Having a coat described by all of the following: long, dark, coarse bristles and guard hairs; the undercoat, when present, is lighter in color than the overlaying coat; and individual hairs have bristle tips that are lighter in color than the rest of the hair shaft.
(ii)Having dark point coloration: distal portion of the snout, ears, legs, and tail are dark brown to black in coloration.
(iii)Having a skeletal appearance that has both of the following characteristics: the skull is large, measuring up to one-third of the total body length; and a short massive trunk with underdeveloped hindquarters.
(iv)Having a head with small, deep-set eyes and an elongated snout.
(v)Tail: tails are held straight or slightly curved but contain muscular structure to curl the tail.
(vi)Having teeth satisfying all of the following, as applicable: males have well-developed canine teeth; upper canines are relatively short and grow sideways early in life and gradually curl upwards with age; lower canines are sharper and longer with exposed parts measuring up to 12 cm (4.7 inches) in length.
(2)A free-roaming pig, feral pig, or European wild boar having no visible tags, markings, or characteristics indicating that the pig or boar is from a domestic herd.
(b)This section shall become operative on July 1, 2019.
SEC. 23.Section 4651 of the Fish and Game Code is amended to read: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 departments 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.
SEC. 24.Section 4651 is added to the Fish and Game Code, to read:4651.(a)The department shall prepare a plan for the management of wild pigs. 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. Information considered by the department in determining distribution and abundance shall include reports from holders of wild pig validations or tags pursuant to Section 4657 or 4658 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. 25.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 26.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) and Section 4658, 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 4654 authorizes the holder of the validation to take any number of wild pigs during the license year of the validation, as specified by the commission.
(b)(1)Any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to 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 at any time or in any manner in accordance with this code and regulations adopted pursuant to this code by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises. Wild pigs may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city officers or employees when acting in their official capacities. Persons taking wild pigs in accordance with this subdivision are exempt from Section 3007, except when providing trapping services for a fee.
(2)An owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who plans to take a wild pig at night pursuant to paragraph (1), shall give adequate notification, as determined by the department, to the department at its nearest local office at least 24 hours before the taking of any wild pig.
(3)An owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who takes a wild pig pursuant to paragraph (1), and chooses to inform the department of the taking, may inform the department in a manner determined by the commission. The manner of informing the department shall be determined with consideration of the ease of providing information in that manner.
(4)Traps used pursuant to this subdivision shall be inspected and all animals in the traps shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set, or an agent of either.
(c)The use of poison to take exotic game mammals is prohibited.
(d)The department may use the Shared Habitat Alliance for Recreational Enhancement (SHARE) program (Article 3 (commencing with Section 1570) of Chapter 5 of Division 2) and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(e)This section shall become operative on July 1, 2019.
SEC. 27.Section 4652.5 is added to the Fish and Game Code, to read:4652.5.(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. 28.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 29.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 upon payment of a base fee of fifteen dollars ($15), for each wild pig tag.
(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 upon payment of a base fee of fifty dollars ($50), for each wild pig tag.
(c)The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(d)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 30.Section 4654 is added to the Fish and Game Code, to read:4654.(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.
SEC. 31.Section 4655 of the Fish and Game Code is amended to read:4655.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 32.Section 4655 is added to the Fish and Game Code, to read:4655.(a)Wild pig validations 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.
(b)This section shall become operative on July 1, 2019.
SEC. 33.Section 4657 of the Fish and Game Code is amended to read:4657.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 34.Section 4657 is added to the Fish and Game Code, to read:4657.(a)The holder of a wild pig validation shall keep the validation in his or her possession while hunting wild pig. The commission may adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig under a wild pig validation.
(b)This section shall become operative on July 1, 2019.
SEC. 35.Section 4658 is added to the Fish and Game Code, to read:4658.(a)The commission may require the procurement of wild pig tags in lieu of wild pig validations. The commission may set a fee for the procurement of a wild pig tag and may adopt other requirements relating to wild pig tags.
(b)This section shall become operative on July 1, 2019.
SEC. 36.Article 5 (commencing with Section 10791) is added to Chapter 1 of Part 3 of Division 5 of the Food and Agricultural Code, to read:5.Marking and Validations10791.(a)The department shall adopt regulations to require a person who possesses a domestic swine that has two or more phenotypical characteristics specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 4650 of the Fish and Game Code to identify the swine with a brand, tattoo, or other permanent mark or visible validation approved by the department.
(b)This section shall become operative on July 1, 2019.
SEC. 37.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Notwithstanding Sections 1001, 1002, 4002, 4004, 4007, 4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997.
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, exotic game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997, except as regards exotic game mammals.
(e)This section shall become operative on July 1, 2019.
SEC. 3.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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4654. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 4.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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4658, or a wild pig validation pursuant to Section 4654, as applicable. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become operative on July 1, 2019.
SEC. 5.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).
(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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 6.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).
(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.
(c)This section shall become operative on July 1, 2019.
SEC. 7.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 revenues from the sale of antelope, elk, deer, wild pig, bear, and sheep tags, including any fundraising tags, 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 vendors 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. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 8.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.
(b)Except as provided in Section 709, all revenues from the sale of antelope, elk, deer, bear, and sheep tags, and wild pig validations, including any fundraising tags or 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 or validation, with an itemized receipt showing the sale price and the 5-percent reduction retained by the nonprofit organization as a vendors 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, bear, and sheep, or the use of hunting to manage wild pigs, and expanding public hunting opportunities and related public outreach. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become operative on July 1, 2019.
SEC. 9.Chapter 1.5 (commencing with Section 3965) is added to Part 3 of Division 4 of the Fish and Game Code, to read:1.5.Exotic Game Mammals3965.(a)Exotic game mammals include wild pigs, including feral pigs and European wild boar (genus Sus). Sus) described in Section 4650.
(b)This section shall become operative on July 1, 2019.
SEC. 10.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 11.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.
(b)This section shall become operative on July 1, 2019.
SEC. 12.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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent 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)With respect to elk, the following procedures shall apply:
(1)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, 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).
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 13.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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent reoccurrence.
(c)With respect to elk, the following procedures shall apply:
(1)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, 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).
(d)This section shall become operative on July 1, 2019.
SEC. 14.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 owners 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 owners 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)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), 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)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(e)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.
(f)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 15.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 owners 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)The department shall make a record of each report made pursuant to subdivision (a) and may have an employee of the department investigate the taking or cause the taking to be investigated. 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 taken under subdivision (a), issue a written statement to the person confirming that the requirements of this section have been met.
(c)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(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.
(e)This section shall become operative on July 1, 2019.
SEC. 16.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 17.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.
(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, 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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 18.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.
(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 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.
(c)This section shall become operative on July 1, 2019.
SEC. 19.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 20.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.
(b)A person shall not at any time leave through carelessness or neglect any game mammal, exotic game mammal, or game bird that is in his or her possession, or any portion of the flesh of that animal usually eaten by humans, to go needlessly to waste.
(c)This section does not apply to game mammals taken pursuant to Section 4152 or to wild pigs taken pursuant to subdivision (b) of Section 4652.
(d)This section shall become operative on July 1, 2019.
SEC. 21.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 22.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:
(1)(A)A pig having two or more phenotypical characteristics specified in subparagraph (B) that does not have a brand, tattoo, or other permanent mark or visible tag approved by the Department of Food or Agriculture pursuant to Section 10791 of the Food and Agricultural Code.
(B)Phenotypical characteristics:
(i)Having a coat described by all of the following: long, dark, coarse bristles and guard hairs; the undercoat, when present, is lighter in color than the overlaying coat; and individual hairs have bristle tips that are lighter in color than the rest of the hair shaft.
(ii)Having dark point coloration: distal portion of the snout, ears, legs, and tail are dark brown to black in coloration.
(iii)Having a skeletal appearance that has both of the following characteristics: the skull is large, measuring up to one-third of the total body length; and a short massive trunk with underdeveloped hindquarters.
(iv)Having a head with small, deep-set eyes and an elongated snout.
(v)Tail: tails are held straight or slightly curved but contain muscular structure to curl the tail.
(vi)Having teeth satisfying all of the following, as applicable: males have well-developed canine teeth; upper canines are relatively short and grow sideways early in life and gradually curl upwards with age; lower canines are sharper and longer with exposed parts measuring up to 12 cm (4.7 inches) in length.
(2)A free-roaming pig pig, feral pig, or European wild boar having no visible tags, markings, or characteristics indicating that the pig or boar is from a domestic herd.
(3)A feral pig or European wild boar.(b)This section shall become operative on July 1, 2019.
SEC. 23.Section 4651 of the Fish and Game Code is amended to read: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 departments 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.
SEC. 24.Section 4651 is added to the Fish and Game Code, to read:4651.(a)The department shall prepare a plan for the management of wild pigs. 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. Information considered by the department in determining distribution and abundance shall include reports from holders of wild pig validations or tags pursuant to Section 4657 or 4658 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. 25.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 26.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) and Section 4658, 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 4654 authorizes the holder of the validation to take any number of wild pigs during the license year of the validation, as specified by the commission.
(b)(1)Any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to 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 at any time or in any manner in accordance with this code and regulations adopted pursuant to this code by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises. Wild pigs may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city officers or employees when acting in their official capacities. Persons taking wild pigs in accordance with this subdivision are exempt from Section 3007, except when providing trapping services for a fee.
(2)An owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who plans to take a wild pig at night pursuant to paragraph (1), shall give adequate notification, as determined by the department, to the department at its nearest local office at least 24 hours before the taking of any wild pig.
(3)An owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who takes a wild pig pursuant to paragraph (1), and chooses to inform the department of the taking, may inform the department in a manner determined by the commission. The manner of informing the department shall be determined with consideration of the ease of providing information in that manner.
(4)Traps used pursuant to this subdivision shall be inspected and all animals in the traps shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set, or an agent of either.
(c)The use of poison to take exotic game mammals is prohibited.
(d)The department may use the Shared Habitat Alliance for Recreational Enhancement (SHARE) program (Article 3 (commencing with Section 1570) of Chapter 5 of Division 2) and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(e)This section shall become operative on July 1, 2019.
SEC. 27.Section 4652.5 is added to the Fish and Game Code, to read:4652.5.(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. 28.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 29.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 upon payment of a base fee of fifteen dollars ($15), for each wild pig tag.
(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 upon payment of a base fee of fifty dollars ($50), for each wild pig tag.
(c)The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(d)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 30.Section 4654 is added to the Fish and Game Code, to read:4654.(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.
SEC. 31.Section 4655 of the Fish and Game Code is amended to read:4655.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 32.Section 4655 is added to the Fish and Game Code, to read:4655.(a)Wild pig validations 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.
(b)This section shall become operative on July 1, 2019.
SEC. 33.Section 4657 of the Fish and Game Code is amended to read:4657.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 34.Section 4657 is added to the Fish and Game Code, to read:4657.(a)The holder of a wild pig validation shall keep the validation in his or her possession while hunting wild pig. The commission may adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig under a wild pig validation.
(b)This section shall become operative on July 1, 2019.
SEC. 35.Section 4658 is added to the Fish and Game Code, to read:4658.(a)The commission may require the procurement of wild pig tags in lieu of wild pig validations. The commission may set a fee for the procurement of a wild pig tag and may adopt other requirements relating to wild pig tags.
(b)This section shall become operative on July 1, 2019.
SEC. 36.Article 5 (commencing with Section 10791) is added to Chapter 1 of Part 3 of Division 5 of the Food and Agricultural Code, to read:5.Marking and Validations10791.(a)The department shall adopt regulations to require a person who possesses a domestic swine that has two or more phenotypical characteristics specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 4650 of the Fish and Game Code to identify the swine with a brand, tattoo, or other permanent mark or visible validation approved by the department.
(b)This section shall become operative on July 1, 2019.
SEC. 37.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Notwithstanding Sections 1001, 1002, 4002, 4004, 4007, 4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997.
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, exotic game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997, except as regards exotic game mammals.
(e)This section shall become operative on July 1, 2019.
SEC. 3.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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4654. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 4.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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4658, or a wild pig validation pursuant to Section 4654, as applicable. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become operative on July 1, 2019.
SEC. 5.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).
(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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 6.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).
(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.
(c)This section shall become operative on July 1, 2019.
SEC. 7.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 revenues from the sale of antelope, elk, deer, wild pig, bear, and sheep tags, including any fundraising tags, 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 vendors 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. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 8.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.
(b)Except as provided in Section 709, all revenues from the sale of antelope, elk, deer, bear, and sheep tags, and wild pig validations, including any fundraising tags or 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 or validation, with an itemized receipt showing the sale price and the 5-percent reduction retained by the nonprofit organization as a vendors 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, bear, and sheep, or the use of hunting to manage wild pigs, and expanding public hunting opportunities and related public outreach. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become operative on July 1, 2019.
SEC. 9.Chapter 1.5 (commencing with Section 3965) is added to Part 3 of Division 4 of the Fish and Game Code, to read:1.5.Exotic Game Mammals3965.(a)Exotic game mammals include wild pigs, including feral pigs and European wild boar (genus Sus).
(b)This section shall become operative on July 1, 2019.
SEC. 10.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 11.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.
(b)This section shall become operative on July 1, 2019.
SEC. 12.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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent 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)With respect to elk, the following procedures shall apply:
(1)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, 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).
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 13.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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent reoccurrence.
(c)With respect to elk, the following procedures shall apply:
(1)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, 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).
(d)This section shall become operative on July 1, 2019.
SEC. 14.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 owners 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 owners 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)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), 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)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(e)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.
(f)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 15.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 owners 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)The department shall make a record of each report made pursuant to subdivision (a) and may have an employee of the department investigate the taking or cause the taking to be investigated. 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 taken under subdivision (a), issue a written statement to the person confirming that the requirements of this section have been met.
(c)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(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.
(e)This section shall become operative on July 1, 2019.
SEC. 16.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 17.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.
(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, 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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 18.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.
(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 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.
(c)This section shall become operative on July 1, 2019.
SEC. 19.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 20.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.
(b)A person shall not at any time leave through carelessness or neglect any game mammal, exotic game mammal, or game bird that is in his or her possession, or any portion of the flesh of that animal usually eaten by humans, to go needlessly to waste.
(c)This section does not apply to game mammals taken pursuant to Section 4152 or to wild pigs taken pursuant to subdivision (b) of Section 4652.
(d)This section shall become operative on July 1, 2019.
SEC. 21.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 22.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:
(1)(A)A pig having two or more phenotypical characteristics specified in subparagraph (B) that does not have a brand, tattoo, or other permanent mark or visible tag approved by the Department of Food or Agriculture pursuant to Section 10791 of the Food and Agricultural Code.
(B)Phenotypical characteristics:
(i)Having a coat described by all of the following: long, dark, coarse bristles and guard hairs; the undercoat, when present, is lighter in color than the overlaying coat; and individual hairs have bristle tips that are lighter in color than the rest of the hair shaft.
(ii)Having dark point coloration: distal portion of the snout, ears, legs, and tail are dark brown to black in coloration.
(iii)Having a skeletal appearance that has both of the following characteristics: the skull is large, measuring up to one-third of the total body length; and a short massive trunk with underdeveloped hindquarters.
(iv)Having a head with small, deep-set eyes and an elongated snout.
(v)Tail: tails are held straight or slightly curved but contain muscular structure to curl the tail.
(vi)Having teeth satisfying all of the following, as applicable: males have well-developed canine teeth; upper canines are relatively short and grow sideways early in life and gradually curl upwards with age; lower canines are sharper and longer with exposed parts measuring up to 12 cm (4.7 inches) in length.
(2)A free-roaming pig having no visible tags, markings, or characteristics indicating that the pig is from a domestic herd.
(3)A feral pig or European wild boar.
(b)This section shall become operative on July 1, 2019.
SEC. 23.Section 4651 of the Fish and Game Code is amended to read: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 departments 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.
SEC. 24.Section 4651 is added to the Fish and Game Code, to read:4651.(a)The department shall prepare a plan for the management of wild pigs. 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. Information considered by the department in determining distribution and abundance shall include reports from holders of wild pig validations or tags pursuant to Section 4657 or 4658 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. 25.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 26.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) and Section 4658, 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 4654 authorizes the holder of the validation to take any number of wild pigs during the license year of the validation, as specified by the commission.
(b)(1)Any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to 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 at any time or in any manner in accordance with this code and regulations adopted pursuant to this code by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises. Wild pigs may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city officers or employees when acting in their official capacities. Persons taking wild pigs in accordance with this subdivision are exempt from Section 3007, except when providing trapping services for a fee.
(2)An owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who plans to take a wild pig at night pursuant to paragraph (1), shall give adequate notification, as determined by the department, to the department at its nearest local office at least 24 hours before the taking of any wild pig.
(3)An owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who takes a wild pig pursuant to paragraph (1), and chooses to inform the department of the taking, may inform the department in a manner determined by the commission. The manner of informing the department shall be determined with consideration of the ease of providing information in that manner.
(3)(4)Traps used pursuant to this subdivision shall be inspected and all animals in the traps shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set, or an agent of either.
(c)The use of poison to take exotic game mammals is prohibited.
(d)The department may use the Shared Habitat Alliance for Recreational Enhancement (SHARE) program (Article 3 (commencing with Section 1570) of Chapter 5 of Division 2) and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(e)This section shall become operative on July 1, 2019.
SEC. 27.Section 4652.5 is added to the Fish and Game Code, to read:4652.5.(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. 28.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 29.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 upon payment of a base fee of fifteen dollars ($15), for each wild pig tag.
(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 upon payment of a base fee of fifty dollars ($50), for each wild pig tag.
(c)The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(d)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 30.Section 4654 is added to the Fish and Game Code, to read:4654.(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.
SEC. 31.Section 4655 of the Fish and Game Code is amended to read:4655.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 32.Section 4655 is added to the Fish and Game Code, to read:4655.(a)Wild pig validations 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.
(b)This section shall become operative on July 1, 2019.
SEC. 33.Section 4657 of the Fish and Game Code is amended to read:4657.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 34.Section 4657 is added to the Fish and Game Code, to read:4657.(a)The holder of a wild pig validation shall keep the validation in his or her possession while hunting wild pig. The commission may adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig under a wild pig validation.
(b)This section shall become operative on July 1, 2019.
SEC. 35.Section 4658 is added to the Fish and Game Code, to read:4658.(a)The commission may require the procurement of wild pig tags in lieu of wild pig validations. The commission may set a fee for the procurement of a wild pig tag and may adopt other requirements relating to wild pig tags.
(b)This section shall become operative on July 1, 2019.
SEC. 36.Article 5 (commencing with Section 10791) is added to Chapter 1 of Part 3 of Division 5 of the Food and Agricultural Code, to read:5.Marking and Validations10791.(a)The department shall adopt regulations to require a person who possesses a domestic swine that has two or more phenotypical characteristics specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 4650 of the Fish and Game Code to identify the swine with a brand, tattoo, or other permanent mark or visible validation approved by the department.
(b)This section shall become operative on July 1, 2019.
SEC. 37.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Notwithstanding Sections 1001, 1002, 4002, 4004, 4007, 4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997.
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, exotic game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997, except as regards exotic game mammals.
(e)This section shall become operative on July 1, 2019.
SEC. 3.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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4654. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 4.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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4658, or a wild pig validation pursuant to Section 4654, as applicable. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become operative on July 1, 2019.
SEC. 5.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).
(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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 6.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).
(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.
(c)This section shall become operative on July 1, 2019.
SEC. 7.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 revenues from the sale of antelope, elk, deer, wild pig, bear, and sheep tags, including any fundraising tags, 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 vendors 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. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 8.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.
(b)Except as provided in Section 709, all revenues from the sale of antelope, elk, deer, bear, and sheep tags, and wild pig validations, including any fundraising tags or 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 or validation, with an itemized receipt showing the sale price and the 5-percent reduction retained by the nonprofit organization as a vendors 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, bear, and sheep, or the use of hunting to manage wild pigs, and expanding public hunting opportunities and related public outreach. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become operative on July 1, 2019.
SEC. 9.Chapter 1.5 (commencing with Section 3965) is added to Part 3 of Division 4 of the Fish and Game Code, to read:1.5.Exotic Game Mammals3965.(a)Exotic game mammals are: include wild pigs, including feral pigs and European wild boar (genus Sus), fallow deer, Sitka deer, axis deer, and aoudad, mouflon, tahr, and feral goats. (genus Sus).
(b)This section shall become operative on July 1, 2019.
SEC. 10.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 11.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.
(b)This section shall become operative on July 1, 2019.
SEC. 12.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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent 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)With respect to elk, the following procedures shall apply:
(1)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, 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).
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 13.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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent reoccurrence.
(c)With respect to elk, the following procedures shall apply:
(1)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, 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).
(d)This section shall become operative on July 1, 2019.
SEC. 14.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 owners 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 owners 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)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), 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)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(e)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.
(f)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 15.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 owners 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)The department shall make a record of each report made pursuant to subdivision (a) and may have an employee of the department investigate the taking or cause the taking to be investigated. 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 taken under subdivision (a), issue a written statement to the person confirming that the requirements of this section have been met.
(c)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(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.
(e)This section shall become operative on July 1, 2019.
SEC. 16.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 17.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.
(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, 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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 18.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.
(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 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.
(c)This section shall become operative on July 1, 2019.
SEC. 19.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 20.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.
(b)A person shall not at any time leave through carelessness or neglect any game mammal, exotic game mammal, or game bird that is in his or her possession, or any portion of the flesh of that animal usually eaten by humans, to go needlessly to waste.
(c)This section does not apply to game mammals taken pursuant to Section 4152 or to wild pigs taken pursuant to subdivision (b) of Section 4652.
(d)This section shall become operative on July 1, 2019.
SEC. 21.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 22.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:
(1)(A)A pig having two or more phenotypical characteristics specified in subparagraph (B) that does not have a brand, tattoo, or other permanent mark or visible tag approved by the Department of Food or Agriculture pursuant to Section 10791 of the Food and Agricultural Code.
(B)Phenotypical characteristics:
(i)Having a coat described by all of the following: long, dark, coarse bristles and guard hairs; the undercoat, when present, is lighter in color than the overlaying coat; and individual hairs have bristle tips that are lighter in color than the rest of the hair shaft.
(ii)Having dark point coloration: distal portion of the snout, ears, legs, and tail are dark brown to black in coloration.
(iii)Having a skeletal appearance that has both of the following characteristics: the skull is large, measuring up to one-third of the total body length; and a short massive trunk with underdeveloped hindquarters.
(iv)Having a head with small, deep-set eyes and an elongated snout.
(v)Tail: tails are held straight or slightly curved but contain muscular structure to curl the tail.
(vi)Having teeth satisfying all of the following, as applicable: males have well-developed canine teeth; upper canines are relatively short and grow sideways early in life and gradually curl upwards with age; lower canines are sharper and longer with exposed parts measuring up to 12 cm (4.7 inches) in length.
(2)A free-roaming pig having no visible tags, markings, or characteristics indicating that the pig is from a domestic herd.
(3)A feral pig or European wild boar.
(b)This section shall become operative on July 1, 2019.
SEC. 23.Section 4651 of the Fish and Game Code is amended to read: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 departments 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.
SEC. 24.Section 4651 is added to the Fish and Game Code, to read:4651.(a)The department shall prepare a plan for the management of wild pigs. 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.
(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. 25.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 26.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) and Section 4658, 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 4654 authorizes the holder of the validation to take any number of wild pigs during the license year of the validation, as specified by the commission.
(b)(1)Any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to 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 at any time or in any manner in accordance with this code and regulations adopted pursuant to this code by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises. Wild pigs may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city officers or employees when acting in their official capacities. Persons taking wild pigs in accordance with this subdivision are exempt from Section 3007, except when providing trapping services for a fee.
(2)An owner or tenant of the premises, or an employee or agent in immediate possession of written permission from the owner or tenant of the premises, who plans to take a wild pig at night pursuant to paragraph (1), shall give adequate notification, as determined by the department, to the department at its nearest local office at least 24 hours before the taking of any wild pig.
(2)(3)Traps used pursuant to this subdivision shall be inspected and all animals in the traps shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set, or an agent of either.
(c)The use of poison to take exotic game mammals is prohibited.
(d)The department may use the Shared Habitat Alliance for Recreational Enhancement (SHARE) program (Article 3 (commencing with Section 1570) of Chapter 5 of Division 2) and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(e)This section shall become operative on July 1, 2019.
SEC. 27.Section 4652.5 is added to the Fish and Game Code, to read:4652.5.(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. 28.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 29.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 upon payment of a base fee of fifteen dollars ($15), for each wild pig tag.
(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 upon payment of a base fee of fifty dollars ($50), for each wild pig tag.
(c)The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(d)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 30.Section 4654 is added to the Fish and Game Code, to read:4654.(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.
SEC. 31.Section 4655 of the Fish and Game Code is amended to read:4655.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 32.Section 4655 is added to the Fish and Game Code, to read:4655.(a)Wild pig validations 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.
(b)This section shall become operative on July 1, 2019.
SEC. 33.Section 4657 of the Fish and Game Code is amended to read:4657.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 34.Section 4657 is added to the Fish and Game Code, to read:4657.(a)The holder of a wild pig validation shall keep the validation in his or her possession while hunting wild pig. The commission may adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig under a wild pig validation.
(b)This section shall become operative on July 1, 2019.
SEC. 35.Section 4658 is added to the Fish and Game Code, to read:4658.(a)The commission may require the procurement of wild pig tags in lieu of wild pig validations. The commission may set a fee for the procurement of a wild pig tag and may adopt other requirements relating to wild pig tags.
(b)This section shall become operative on July 1, 2019.
SEC. 36.Article 5 (commencing with Section 10791) is added to Chapter 1 of Part 3 of Division 5 of the Food and Agricultural Code, to read:5.Marking and Validations10791.(a)The department shall adopt regulations to require a person who possesses a domestic swine that has two or more phenotypical characteristics specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 4650 of the Fish and Game Code to identify the swine with a brand, tattoo, or other permanent mark or visible validation approved by the department.
(b)This section shall become operative on July 1, 2019.
SEC. 37.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Notwithstanding Sections 1001, 1002, 4002, 4004, 4007, 4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997.
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, wild pig, exotic game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997, except as regards wild pigs. exotic game mammals.
(e)This section shall become operative on July 1, 2019.
SEC. 3.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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4654. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 4.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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4658, or a wild pig validation pursuant to Section 4654, as applicable. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become operative on July 1, 2019.
SEC. 5.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).
(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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 6.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).
(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.
(c)This section shall become operative on July 1, 2019.
SEC. 7.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 revenues from the sale of antelope, elk, deer, wild pig, bear, and sheep tags, including any fundraising tags, 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 vendors 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. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 8.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.
(b)Except as provided in Section 709, all revenues from the sale of antelope, elk, deer, bear, and sheep tags, and wild pig validations, including any fundraising tags or 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 or validation, with an itemized receipt showing the sale price and the 5-percent reduction retained by the nonprofit organization as a vendors 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, bear, and sheep, or the use of hunting to manage wild pigs, and expanding public hunting opportunities and related public outreach. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become operative on July 1, 2019.
SEC. 9.Chapter 1.5 (commencing with Section 3965) is added to Part 3 of Division 4 of the Fish and Game Code, to read:1.5.Exotic Game Mammals3965.(a)Exotic game mammals are: wild pigs, including feral pigs and European wild boar (genus Sus), fallow deer, Sitka deer, axis deer, and aoudad, mouflon, tahr, and feral goats.
(b)This section shall become operative on July 1, 2019.
SEC. 9.SEC. 10.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 10.SEC. 11.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, wild pig, 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.
(b)This section shall become operative on July 1, 2019.
SEC. 11.SEC. 12.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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent 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)With respect to elk, the following procedures shall apply:
(1)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, 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).
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 12.SEC. 13.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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent reoccurrence.
(c)With respect to elk, the following procedures shall apply:
(1)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, 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).
(d)This section shall become operative on July 1, 2019.
SEC. 13.SEC. 14.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 owners 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 owners 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)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), 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)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(e)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.
(f)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 14.SEC. 15.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 owners 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)The department shall make a record of each report made pursuant to subdivision (a) and may have an employee of the department investigate the taking or cause the taking to be investigated. 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 taken under subdivision (a), issue a written statement to the person confirming that the requirements of this section have been met.
(c)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(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.
(e)This section shall become operative on July 1, 2019.
SEC. 15.SEC. 16.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 16.SEC. 17.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.
(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, 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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 17.SEC. 18.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.
(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 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.
(c)This section shall become operative on July 1, 2019.
SEC. 18.SEC. 19.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 19.SEC. 20.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.
(b)A person shall not at any time leave through carelessness or neglect any game mammal, wild pig, exotic game mammal, or game bird that is in his or her possession, or any portion of the flesh of that animal usually eaten by humans, to go needlessly to waste.
(c)This section does not apply to game mammals taken pursuant to Section 4152 or to wild pigs taken pursuant to subdivision (b) of Section 4652.
(d)This section shall become operative on July 1, 2019.
SEC. 20.SEC. 21.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 21.SEC. 22.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:
(1)(A)A pig having two or more phenotypical characteristics specified in subparagraph (B) that does not have a brand, tattoo, or other permanent mark or visible tag approved by the Department of Food or Agriculture pursuant to Section 10791 of the Food and Agricultural Code.
(B)Phenotypical characteristics:
(i)Having a coat described by all of the following: long, dark, coarse bristles and guard hairs; the undercoat, when present, is lighter in color than the overlaying coat; and individual hairs have bristle tips that are lighter in color than the rest of the hair shaft.
(ii)Having dark point coloration: distal portion of the snout, ears, legs, and tail are dark brown to black in coloration.
(iii)Having a skeletal appearance that has both of the following characteristics: the skull is large, measuring up to one-third of the total body length; and a short massive trunk with underdeveloped hindquarters.
(iv)Having a head with small, deep-set eyes and an elongated snout.
(v)Tail: tails are held straight or slightly curved but contain muscular structure to curl the tail.
(vi)Having teeth satisfying all of the following, as applicable: males have well-developed canine teeth; upper canines are relatively short and grow sideways early in life and gradually curl upwards with age; lower canines are sharper and longer with exposed parts measuring up to 12 cm (4.7 inches) in length.
(2)A free-roaming pig having no visible tags, markings, or characteristics indicating that the pig is from a domestic herd.
(3)A feral pig or European wild boar.
(b)This section shall become operative on July 1, 2019.
SEC. 22.SEC. 23.Section 4651 of the Fish and Game Code is amended to read: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 departments 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.
SEC. 23.SEC. 24.Section 4651 is added to the Fish and Game Code, to read:4651.(a)The department shall prepare a plan for the management of wild pigs. 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.
(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.(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).
(c)(d)This section shall become operative on July 1, 2019.
SEC. 24.SEC. 25.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 25.SEC. 26.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) and Section 4658, 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 4654 authorizes the holder of the validation to take any number of wild pigs during the license year of the validation, as specified by the commission.
(b)(1)Any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to 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 at any time or in any manner in accordance with this code and regulations adopted pursuant to this code by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises. Wild pigs may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city officers or employees when acting in their official capacities. Persons taking wild pigs in accordance with this subdivision are exempt from Section 3007, except when providing trapping services for a fee.
(2)Traps used pursuant to this subdivision shall be inspected and all animals in the traps shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set, or an agent of either.
(c)The use of poison to take exotic game mammals is prohibited.
(d)The department may use the Shared Habitat Alliance for Recreational Enhancement (SHARE) program (Article 3 (commencing with Section 1570) of Chapter 5 of Division 2) and other means to work with landowners to promote and enhance public hunting opportunities for exotic game mammals on private lands.
(c)(e)This section shall become operative on July 1, 2019.
SEC. 27.Section 4652.5 is added to the Fish and Game Code, to read:4652.5.(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. 26.SEC. 28.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 27.SEC. 29.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 upon payment of a base fee of fifteen dollars ($15), for each wild pig tag.
(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 upon payment of a base fee of fifty dollars ($50), for each wild pig tag.
(c)The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(d)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 28.SEC. 30.Section 4654 is added to the Fish and Game Code, to read:4654.(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.
SEC. 29.SEC. 31.Section 4655 of the Fish and Game Code is amended to read:4655.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 30.SEC. 32.Section 4655 is added to the Fish and Game Code, to read:4655.(a)Wild pig validations 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.
(b)This section shall become operative on July 1, 2019.
SEC. 31.SEC. 33.Section 4657 of the Fish and Game Code is amended to read:4657.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 32.SEC. 34.Section 4657 is added to the Fish and Game Code, to read:4657.(a)The holder of a wild pig validation shall keep the validation in his or her possession while hunting wild pig. The commission may adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig under a wild pig validation.
(b)This section shall become operative on July 1, 2019.
SEC. 33.SEC. 35.Section 4658 is added to the Fish and Game Code, to read:4658.(a)The commission may require the procurement of wild pig tags in lieu of wild pig validations. The commission may set a fee for the procurement of a wild pig tag and may adopt other requirements relating to wild pig tags.
(b)This section shall become operative on July 1, 2019.
SEC. 34.SEC. 36.Article 5 (commencing with Section 10791) is added to Chapter 1 of Part 3 of Division 5 of the Food and Agricultural Code, to read:5.Marking and Validations10791.(a)The department shall adopt regulations to require a person who possesses a domestic swine that has two or more phenotypical characteristics specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 4650 of the Fish and Game Code to identify the swine with a brand, tattoo, or other permanent mark or visible validation approved by the department.
(b)This section shall become operative on July 1, 2019.
SEC. 35.SEC. 37.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Notwithstanding Sections 1001, 1002, 4002, 4004, 4007, 4008, 4009.5, 4030, 4034, 4042, 4152, 4180, or 4181:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997.
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
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:
(a)It is unlawful for any person to trap for the purposes of recreation or commerce in fur any fur-bearing mammal or nongame mammal with any body-gripping trap. A body-gripping trap is one that grips the mammals body or body part, including, but not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps, and common rat and mouse traps shall not be considered body-gripping traps.
(b)It is unlawful for any person to buy, sell, barter, or otherwise exchange for profit, or to offer to buy, sell, barter, or otherwise exchange for profit, the raw fur, as defined by Section 4005, of any fur-bearing mammal or nongame mammal that was trapped in this state, with a body-gripping trap as described in subdivision (a).
(c)It is unlawful for any person, including an employee of the federal, state, county, or municipal government, to use or authorize the use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, wild pig, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat. The prohibition in this subdivision does not apply to federal, state, county, or municipal government employees or their duly authorized agents in the extraordinary case where the otherwise prohibited padded-jaw leghold trap is the only method available to protect human health or safety.
(d)For purposes of this section, fur-bearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by statute on January 1, 1997, except as regards wild pigs.
(e)This section shall become operative on July 1, 2019.
SEC. 3.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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4654. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 4.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.
(b)A lifetime hunting license may be issued to residents of this state, as follows:
(1)To a person 62 years of age or over, upon payment of a base fee of three hundred sixty-five dollars ($365).
(2)To a person 40 years of age or over, and less than 62 years of age, upon payment of a base fee of five hundred forty dollars ($540).
(3)To a person 10 years of age or over, and less than 40 years of age, upon payment of a base fee of six hundred dollars ($600).
(4)To a person less than 10 years of age, upon payment of a base fee of three hundred sixty-five dollars ($365).
(c)Upon payment of a base fee of four hundred forty-five dollars ($445), a person holding a lifetime hunting license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags pursuant to Section 4658, or a wild pig validation pursuant to Section 4654, as applicable. Lifetime privileges issued pursuant to this subdivision are not transferable.
(d)Upon payment of a base fee of two hundred ten dollars ($210), a person holding a lifetime hunting license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable.
(e)Nothing in this section requires a person less than 16 years of age to obtain a license to take birds or mammals except as required by law.
(f)Nothing in this section exempts an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting.
(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 subdivisions (b), (c), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
(i)This section shall become operative on July 1, 2019.
SEC. 5.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 and pygmy 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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 6.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).
(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.
(c)This section shall become operative on July 1, 2019.
SEC. 7.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 revenues from the sale of antelope, elk, deer, wild pig, bear, and sheep tags, including any fundraising tags, 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 vendors 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. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 8.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.
(b)Except as provided in Section 709, all revenues from the sale of antelope, elk, deer, bear, and sheep tags, and wild pig validations, including any fundraising tags or 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 or validation, with an itemized receipt showing the sale price and the 5-percent reduction retained by the nonprofit organization as a vendors 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, bear, and sheep, or manage wild pigs, and expanding public hunting opportunities and related public outreach. 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 make grants to, reimburse, or enter into contracts or other agreements, as defined in subdivision (a) of Section 1571, with nonprofit organizations for the use of the funds from the Big Game Management Account 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.
(h)This section shall become operative on July 1, 2019.
SEC. 9.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 10.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, wild pig, 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.
(b)This section shall become operative on July 1, 2019.
SEC. 11.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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent 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)With respect to elk, the following procedures shall apply:
(1)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, 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).
(e)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 12.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.
(b)The permit issued for taking bears 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.
(3)What corrective actions should be implemented to prevent reoccurrence.
(c)With respect to elk, the following procedures shall apply:
(1)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, 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).
(d)This section shall become operative on July 1, 2019.
SEC. 13.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 owners 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 owners 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)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), 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)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(e)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.
(f)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 14.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 owners 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)The department shall make a record of each report made pursuant to subdivision (a) and may have an employee of the department investigate the taking or cause the taking to be investigated. 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 taken under subdivision (a), issue a written statement to the person confirming that the requirements of this section have been met.
(c)Notwithstanding Section 4763, any part of any bear lawfully possessed pursuant to this section is subject to Section 4758.
(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.
(e)This section shall become operative on July 1, 2019.
SEC. 15.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 16.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.
(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, 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.
(c)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 17.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.
(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 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.
(c)This section shall become operative on July 1, 2019.
SEC. 18.Section 4304 of the Fish and Game Code is amended to read:4304.No (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 which 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 Sections 4152 and 4183 of this code. Section 4152.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 19.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.
(b)A person shall not at any time leave through carelessness or neglect any game mammal, wild pig, or game bird that is in his or her possession, or any portion of the flesh of that animal usually eaten by humans, to go needlessly to waste.
(c)This section does not apply to game mammals taken pursuant to Section 4152 or to wild pigs taken pursuant to subdivision (b) of Section 4652.
(d)This section shall become operative on July 1, 2019.
SEC. 20.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 21.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:
(1)(A)A pig having two or more phenotypical characteristics specified in subparagraph (B) that does not have a brand, tattoo, or other permanent mark or visible tag approved by the Department of Food or Agriculture pursuant to Section 10791 of the Food and Agricultural Code.
(B)Phenotypical characteristics:
(i)Having a coat described by all of the following: long, dark, coarse bristles and guard hairs; the undercoat, when present, is lighter in color than the overlaying coat; and individual hairs have bristle tips that are lighter in color than the rest of the hair shaft.
(ii)Having dark point coloration: distal portion of the snout, ears, legs, and tail are dark brown to black in coloration.
(iii)Having a skeletal appearance that has both of the following characteristics: the skull is large, measuring up to one-third of the total body length; and a short massive trunk with underdeveloped hindquarters.
(iv)Having a head with small, deep-set eyes and an elongated snout.
(v)Tail: tails are held straight or slightly curved but contain muscular structure to curl the tail.
(vi)Having teeth satisfying all of the following, as applicable: males have well-developed canine teeth; upper canines are relatively short and grow sideways early in life and gradually curl upwards with age; lower canines are sharper and longer with exposed parts measuring up to 12 cm (4.7 inches) in length.
(2)A free-roaming pig having no visible tags, markings, or characteristics indicating that the pig is from a domestic herd.
(3)A feral pig or European wild boar.
(b)This section shall become operative on July 1, 2019.
SEC. 22.Section 4651 of the Fish and Game Code is amended to read: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 departments opinion 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.
SEC. 23.Section 4651 is added to the Fish and Game Code, to read:4651.(a)The department shall prepare a plan for the management of wild pigs. 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.
(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.
(c)This section shall become operative on July 1, 2019.
SEC. 24.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 25.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) and Section 4658, 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 4654 authorizes the holder of the validation to take any number of wild pigs during the license year of the validation, as specified by the commission.
(b)(1)Any wild pig found to be injuring, molesting, pursuing, worrying, or killing livestock or damaging or destroying, or threatening to 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 at any time or in any manner in accordance with this code and regulations adopted pursuant to this code by the owner or tenant of the premises or employees and agents in immediate possession of written permission from the owner or tenant of the premises. Wild pigs may also be taken by officers or employees of the Department of Food and Agriculture or by federal, county, or city officers or employees when acting in their official capacities. Persons taking wild pigs in accordance with this subdivision are exempt from Section 3007, except when providing trapping services for a fee.
(2)Traps used pursuant to this subdivision shall be inspected and all animals in the traps shall be removed at least once daily. The inspection and removal shall be done by the person who sets the trap or the owner of the land where the trap is set, or an agent of either.
(c)This section shall become operative on July 1, 2019.
SEC. 26.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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 27.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 upon payment of a base fee of fifteen dollars ($15), for each wild pig tag.
(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 upon payment of a base fee of fifty dollars ($50), for each wild pig tag.
(c)The base fees specified in this section are applicable to the 2004 license year, and shall be adjusted annually thereafter pursuant to Section 713.
(d)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 28.Section 4654 is added to the Fish and Game Code, to read:4654.(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.
SEC. 29.Section 4655 of the Fish and Game Code is amended to read:4655.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 30.Section 4655 is added to the Fish and Game Code, to read:4655.(a)Wild pig validations 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.
(b)This section shall become operative on July 1, 2019.
SEC. 31.Section 4657 of the Fish and Game Code is amended to read:4657.(a)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.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 32.Section 4657 is added to the Fish and Game Code, to read:4657.(a)The holder of a wild pig validation shall keep the validation in his or her possession while hunting wild pig. The commission may adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig under a wild pig validation.
(b)This section shall become operative on July 1, 2019.
SEC. 33.Section 4658 is added to the Fish and Game Code, to read:4658.(a)The commission may require the procurement of wild pig tags in lieu of wild pig validations. The commission may set a fee for the procurement of a wild pig tag and may adopt other requirements relating to wild pig tags.
(b)This section shall become operative on July 1, 2019.
SEC. 34.Article 5 (commencing with Section 10791) is added to Chapter 1 of Part 3 of Division 5 of the Food and Agricultural Code, to read:5.Marking and Validations10791.(a)The department shall adopt regulations to require a person who possesses a domestic swine that has two or more phenotypical characteristics specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 4650 of the Fish and Game Code to identify the swine with a brand, tattoo, or other permanent mark or visible validation approved by the department.
(b)This section shall become operative on July 1, 2019.
SEC. 35.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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Date
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Status
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| Aug 27, 2018 | Read second time. Ordered to third reading. |
| Aug 24, 2018 | Read third time and amended. Ordered to second reading. |
| Aug 17, 2018 | From committee: Do pass. (Ayes 6. Noes 0.) (August 16). |
| Aug 6, 2018 | In committee: Referred to APPR. suspense file. |
| Jun 28, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 27, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 26). |
| Jun 18, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| Jun 7, 2018 | Referred to Com. on N.R. & W. |
| May 31, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 29, 2018 | Read second time. Ordered to third reading. |
| May 25, 2018 | From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 25). |
| Apr 25, 2018 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 12, 2018 | Re-referred to Com. on APPR. |
| Apr 11, 2018 | Read second time and amended. |
| Apr 10, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 10). |
| Apr 4, 2018 | Re-referred to Com. on W.,P., & W. |
| Apr 3, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P., & W. Read second time and amended. |
| Apr 2, 2018 | Re-referred to Com. on W.,P., & W. |
| Mar 22, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P., & W. Read second time and amended. |
| Mar 8, 2018 | Referred to Com. on W.,P., & W. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 16, 2018 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 6, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 26, 2018 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| May 30, 2018 | AB 2805 BIGELOW Assembly Third Reading | Assembly Floor |
Passed |
|
| May 25, 2018 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 10, 2018 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Bitterwater Outfitters | ** Against | Aug 18, 2018 |
| Cal-Ore Wetland And Waterfowl Council | ** Support | Aug 18, 2018 |
| california bowmen hunters | ** Support | Aug 18, 2018 |
| California Deer Association | ** Support | Aug 18, 2018 |
| California Farm Bureau Federation | ** Support | Aug 18, 2018 |
| California Rifle and Pistol Association | * Support | Apr 10, 2018 |
| California Sportsman's Lobby, Inc. | ** Against | Aug 18, 2018 |
| California Waterfowl Association | ** Support | Aug 18, 2018 |
| Defense Committee For The Veterans Legal Institute | ** Against | Aug 18, 2018 |
| Fregoso Outdoor Foundation | ** Against | Aug 18, 2018 |
| Golden Ram Sportsman'S Club | ** Against | Aug 18, 2018 |
| Honor Flight-Kern County | ** Against | Aug 18, 2018 |
| Modesto Houndsmen | ** Against | Aug 18, 2018 |
| Outdoor Sportsmen'S Coalition Of California | ** Against | Aug 18, 2018 |
| Placer County Board of Supervisors | ** Support | Aug 18, 2018 |
| Portrait Of A Warrior Committee | ** Against | Aug 18, 2018 |
| Sacramento Safari Club | * Against | Apr 10, 2018 |
| Safari Club International | ** Against | Aug 18, 2018 |
| Safari Club International Foundation | ** Against | Apr 6, 2018 |
| state archery association | ** Support | Aug 18, 2018 |
| Suisun Resource Conservation District | ** Support | Aug 18, 2018 |
| The Black Brant Group | ** Support | Aug 18, 2018 |
| Veterans Benefit Team Roping Foundation | ** Against | Aug 18, 2018 |
| Veterans Legal Institute | ** Against | Jun 22, 2018 |
| West Coast Archery Shop | ** Against | Aug 18, 2018 |
| Wounded Heroes Fund-Kern County | ** Against | Aug 18, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2805
:
SENATE NATURAL RES. & WATER COMMITTEE: 8-0, 6/26/18
AYES: Hertzberg, Stone, Allen, Hueso, McGuire, Monning, Stern, Vidak
NO VOTE RECORDED: Jackson
SENATE APPROPRIATIONS COMMITTEE: 6-0, 8/16/18
AYES: Portantino, Beall, Bradford, Hill, Nielsen, Wiener
NO VOTE RECORDED: Bates
ASSEMBLY FLOOR: 74-1, 5/30/18 - See last page for vote
DIGEST:
This bill deletes wild pigs from the definition of a game mammals as of July 1, 2019, reclassifies them under a new designation of exotic game mammal, and creates all new rules for hunting and taking wild pigs.
Existing law:
- Classifies mammals as either game mammals, fur-bearing mammals, nongame mammals, or fully protected mammals, and has both common and separate laws and regulations governing each of class of mammal.
- Defines wild pig as free-roaming pigs not distinguished by branding, ear marking, or other permanent identification methods, and classifies them as a game mammal.
- Provides generally, among other things:
- It is unlawful to capture, possess, or confine any game mammal, game bird, nongame bird, nongame mammal, or furbearer taken from the wild, except as provided by the Fish and Game Code (FGC) and adopted hunting regulations.
- It is unlawful to take any bird or mammal, except a nongame mammal, between one-half hour after sunset and one-half hour before sunrise of the following day at the place of taking.
- It is unlawful to use an artificial light to assist in the taking of a game bird, game mammal, or game fish.
- Provides three ways to legally take wild pigs:
- With a hunting license and a wild pig tag, in compliance with applicable sections of the FGC and hunting regulations.
- Under a depredation permit issued pursuant to code.
- If the wild pig is caught in the act of damaging livestock, land, or other property.
- Provides, among other things, that under a hunting license and wild pig tag:
- There is no daily bag or possession limit, and the season occurs year-round.
- The holder of a wild pig tag must keep the tag in his or her possession while hunting wild pig.
- Upon the killing of any wild pig, the date of the kill must be clearly marked by the holder of the tag on both parts of the tag.
- The holder of the wild pig tag must immediately, upon harvesting a pig, notify the Department of Fish and Wildlife (DFW) in a manner specified by the commission.
- The carcass may not be left in the field.
- Provides, among other things, that regarding depredation permits:
- DFW, upon satisfactory evidence of the damage or destruction, actual or immediately threatened, must issue a revocable permit for the taking and disposition of the animals under regulations adopted by the commission.
- DFW may add terms and conditions to the permit necessary to protect wildlife and ensure public safety.
- The permit may allow the use of lights and may authorize take any time as specified under conditions in the permit.
- Holders of permits authorizing take of wild pigs must provide a report listing the date and sex of each wild pig taken.
- Provides, among other things, that if a wild pig is caught in the act of damaging livestock, land, or other property:
- The wild pig may be taken immediately by the owner of the livestock, land, or property or their agent.
- The person taking the wild pig may use an artificial light to assist in the taking of the wild pig.
- The person taking the wild pig must report the taking no later than the next working day to the DFW and shall make the carcass available to the DFW.
- The DFW must make a record of each report of immediate take and may have an employee of the DFW investigate the taking or cause the taking to be investigated.
- Provides that, if a person with a lifetime hunting license pays a premium, the person shall annually be issued a deer tag application and 5 wild pig tags.
- Requires the DFW to prepare a plan for the management of wild pigs, including determining the status and trend of wild pig populations and management units.
- Allows “contained hunting preserves” for the hunting of wild pigs, among other animals.
- Prohibits any person to import any swine into this state except for immediate slaughter, unless the person procures a health certificate and import permit from the DFW prior to the shipment or movement of the swine.
- Creates the Shared Habitat Alliance for Recreational Enhancement (SHARE) program in the DFW, which is designed to improve public access to private or landlocked public land and provides that participating landowners will be compensated with monetary payment and liability protection for providing access to or through their land for recreational use and enjoyment of wildlife.
This bill:
- Creates a new classification of mammal, exotic game mammal, and makes conforming amendments through most of the FGC.
- Reclassifies wild pigs as the only exotic game mammal, expands the definition of wild pigs to also include pigs with at least two of six specific traits or “phenotypical characteristics.”
- Changes the legal methods of taking wild pigs to:
- With a hunting license and wild pig validation permit.
- If the wild pig is damaging or threatening to damage livestock, land, or other property.
- Provides that under a hunting license and wild pig validation permit:
- The holder of the wild pig validation is authorized to take any number of wild pigs during the license year of the validation, as specified by the commission.
- The holder of a wild pig validation shall keep the validation in his or her possession while hunting wild pig.
- Allows the use of artificial lights for the hunting of exotic game mammals.
- Allows, but does not require, the commission to adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig under a wild pig validation.
- Allows a property owner, tenant, or employee and agent of a property owner or tenant to take, at any time, wild pig, injuring or threatening to damage or destroy land or other property.
- Allows a property owner to take a wild pig without preventing it from needlessly going to waste.
- Allows for a property owner, tenant, or employee and agent of a property owner to take a wild pig at night, provided they notify to the DFW at its nearest local office at least 24 hours before the taking of any wild pig.
- Allows the commission to require the procurement of wild pig tags in lieu of wild pig validations. The commission may set a fee for the procurement of a wild pig tag and may adopt other requirements relating to wild pig tags.
- Prohibits a person from intentionally or knowingly releasing a pig to live in the wild.
- Prohibits contained wild pig hunting operations, as defined.
- Requires the DFW to prepare a management plan that considers existing information and literature relative to wild pigs. Requires the DFW to, through the management plan, work with landowners to mitigate depredation through the application of the SHARE program.
- Establishes a base fee for a wild pig validation of $15 for residents of the state applicable to the 2018 license year.
- Provides that, if a person with a lifetime hunting license pays a premium, the person may annually be awarded a wild pig tag validation and eight applications for SHARE access permits instead of five wild pig tags.
- Requires the Department of Food and Agriculture to adopt regulations to require a person who possesses a domestic swine that at least two of six specific traits or “phenotypical characteristics” to identify the swine with a brand, tattoo, or other permanent mark or visible validation approved by the department.
- Makes other related and conforming changes.
The Policy Debate. Sportsmen feel the real motive behind this bill is to eliminate wild pigs in California, and that this bill is yet another attempt to make that happen. They are particularly concerned about “excessive” take that won’t support viable populations for hunting.
On the other hand, many people think wild pigs are a scourge, and if complete eradication is not practicable, seriously depleting the current wild pig population is the next best thing.
Eliminates Contained Hunting Preserves. As noted under arguments in opposition, this bill prohibits “contained hunting preserves” for the hunting of wild pigs. Supporters of prohibiting these hunting preserves argue that pigs often escape the confines of these preserves, become feral, and thereby exacerbate the problems with wild pigs.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- In order to implement this bill, the DFW estimates it would need to add 7 permanent positions and 12 temporary positions for a total cost of $2,832,000 in 2019-20 and $2,459,000 in 2020-21. DFW also estimates a one-time impact of approximately $120,000 for the Department to update existing regulations (estimated at $30,000) and develop and program the Automated License Data System to accommodate the proposed changes (estimated to be $90,000). In addition, the Department estimates that the fiscal impact of this bill would be a reduction in revenue of approximately $400,000 annually.
- Revenue from wild pig tag sales for 2016 reached $974,134 from 52,256 tags. Resident hunters purchased 42,942 tags, non-resident hunters purchased 1,041 tags, and 8,273 tags were issued as part of the lifetime hunting package. Of all wild pig tags sold in 2016, 29,412 tags were purchased by hunters only requesting one tag. The remainder of the tags were purchased by hunters requesting between two and 40 tags.
- Presuming wild pig validation sales remain consistent with prior years, setting the wild pig tag validation fees at $15 for residents and $50 for nonresidents could result in a loss of revenue of approximately $400,000 to the Department. Setting the validation fee at or near the current rate for a single wild pig tag for resident and non-resident hunters may alleviate this concern, coupled with the possibility that a validation allowing the take of multiple animals may increase sales.
- In order to prevent the Department from losing revenue, the Department recommends setting the starting fee for the wild pig validation at $25 for resident and $75 for non-resident hunters and indexing the fee to allow adjustments for inflation. The approximate revenue to the Department would be $950,000, about the same revenue seen in 2016 from wild pig tags sales.
- As amended June 28, 2018 the bill would require the completion of a management plan for wild pig that includes abundances of pigs across the range, habitat assessments, and other requirements. For comparison purposes, the Department has been working on developing management plans for deer and elk as well as improving population assessment techniques. This has been an extensive effort from up to 30 full time staff for deer and 16 full time staff for elk needed to survey and collect data, capture and tag animals, track animals, write reports, coordinate projects, and conduct habitat assessments. The Department does not currently have the capacity to implement a program, as evidenced by the fact that we have not updated a wild pig plan since 1995 given other higher priorities for wildlife conservation and management, and limited staff. The cost of implementing the management plan is anticipated to be $2,459,000.
California Bowmen Hunters/State Archery Association
California Deer Association
California Farm Bureau Federation
California Waterfowl Association
Cal-Ore Wetland and Waterfowl Council
Placer County Board of Supervisors
Suisun Resource Conservation District
The Black Brant Group
OPPOSITION: (Verified 8/17/18)
Bitterwater Outfitters
California Sportsman’s Lobby, Inc.
Defense Committee for the Veterans Legal Institute
Fregoso Outdoor Foundation
Golden Ram Sportsman’s Club
Honor Flight-Kern County
Modesto Houndsmen
Outdoor Sportsmen’s Coalition of California
Portrait of a Warrior Committee
Safari Club International
Veterans Benefit Team Roping Foundation
West Coast Archery Shop
Wounded Heroes Fund-Kern County
ARGUMENTS IN SUPPORT: According to the author, “Game status reflects a need for the Department of Fish and Wildlife to increase or sustain the population of a particular species. Wild pigs, on the other hand, have a population in the hundreds of thousands and should be managed separately from big game. This measure would classify wild pigs as an “exotic game mammal” in order to help mitigate the habitat endangerment, depredation and public health hazards caused by wild pigs. Among other things, this measure will encourage folks who own private lands to provide access to hunters to help manage pigs. It will replace pig tags with validations, making it more affordable for hunters to have access to wild pigs.”
The Farm Bureau Federation adds, “The current management system of wild pigs is not working to reduce their impacts. AB 2805 (Bigelow) works to improve and expand efforts to control wild pigs by removing the requirement to obtain a depredation permit and more clearly prohibiting the release of pigs into the wild.”
ARGUMENTS IN OPPOSITION: Several sportsmen’s groups raise a number of issues. These include:
- Making the reporting requirements voluntary would serve no real beneficial purpose as it is highly unlikely that anyone killing a wild pig would actually take the time to do so. Reporting can only be effective if it is mandatory. DFW would not have the information needed to develop a realistic and effective wild pig management plan.
- Defining wild pigs as “exotic game mammals” would be inconsistent with the definitions of this term for the other species in the code. Exotic species of birds and fish are species that are not native to California and which currently do not exist as viable wild populations in the state or its water. Wild pigs, though non-native, have established numerous viable populations. Defining wild pigs as exotic would only lead to confusion.
- The wastage of the edible portions of wild pig game meat by property owners as proposed in FGC §4304(c) and §4652(b) is also strongly opposed.
- DFW’s five-year wild pig management plan has not been updated since 1995. If they had, and had been managing to a scientifically developed plan, there would likely be no need for this bill.
A number of other opponents object specifically to the elimination of “contained hunting preserves” for the hunting of wild pigs. Veterans groups and others supporting disabled veterans argue that eliminating game preserves as a hunting option keeps many of the disabled from getting to experience hunting.
ASSEMBLY FLOOR: 74-1, 5/30/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Voepel, Waldron, Weber, Wood, Rendon
NOES: Kamlager-Dove
NO VOTE RECORDED: Harper, Limón, Ting
8/18/18 16:23:06
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
AB 2805 (Bigelow) - Wild pigs: validations
Version: June 28, 2018 | Policy Vote: N.R. & W. 8 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 6, 2018 | Consultant: Ashley Ames |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill would remove wild pigs from the list of game mammals as of July 1, 2019, and place wild pigs under a designation of exotic game mammal. This bill would create a new management approach for wild pigs and remove the requirement for a landowner to obtain a depredation permit in order to take wild pigs.
Fiscal Impact:
- In order to implement this bill, the DFW estimates it would need to add 7 permanent positions and 12 temporary positions for a total cost of $2,832,000 in 2019-20 and $2,459,000 in 2020-21. DFW also estimates a one-time impact of approximately $120,000 for the Department to update existing regulations (estimated at $30,000) and develop and program the Automated License Data System to accommodate the proposed changes (estimated to be $90,000). In addition, the Department estimates that the fiscal impact of this bill would be a reduction in revenue of approximately $400,000 annually.
- Revenue from wild pig tag sales for 2016 reached $974,134 from 52,256 tags.Resident hunters purchased 42,942 tags, non-resident hunters purchased 1,041 tags, and 8,273 tags were issued as part of the lifetime hunting package. Of all wild pig tags sold in 2016, 29,412 tags were purchased by hunters only requesting one tag. The remainder of the tags were purchased by hunters requesting between two and 40 tags.
- Presuming wild pig validation sales remain consistent with prior years, setting the wild pig tag validation fees at $15 for residents and $50 for nonresidents could result in a loss of revenue of approximately $400,000 to the Department. Setting the validation fee at or near the current rate for a single wild pig tag for resident and non-resident hunters may alleviate this concern, coupled with the possibility that a validation allowing the take of multiple animals may increase sales.
- In order to prevent the Department from losing revenue, the Department recommends setting the starting fee for the wild pig validation at $25 for resident and $75 for non-resident hunters and indexing the fee to allow adjustments for inflation. The approximate revenue to the Department would be $950,000, about the same revenue seen in 2016 from wild pig tags sales.
- As amended June 28, 2018 the bill would require the completion of a management plan for wild pig that includes abundances of pigs across the range, habitat assessments, and other requirements. For comparison purposes, the Department has been working on developing management plans for deer and elk as well as improving population assessment techniques. This has been an extensive effort from up to 30 full time staff for deer and 16 full time staff for elk needed to survey and collect data, capture and tag animals, track animals, write reports, coordinate projects, and conduct habitat assessments. The Department does not currently have the capacity to implement a program, as evidenced by the fact that we have not updated a wild pig plan since 1995 given other higher priorities for wildlife conservation and management, and limited staff. The cost of implementing the management plan is anticipated to be $2,459,000.
Proposed Law:
This bill would remove wild pigs from the list of game mammals as of July 1, 2019, and place wild pigs under a designation of exotic game mammal. This bill creates a new management approach for wild pigs and removes the requirement for a landowner to obtain a depredation permit in order to take wild pigs.
This bill replaces the wild pig tag ($22.52 for residents and $75.60 for nonresidents) with a wild pig validation and sets the price of the validation at $15 for residents and $50 for nonresidents for the 2018 license year and adjusts the price annually, as specified. It would also requires DFW to prepare a management plan that considers existing information and literature relative to wild pig.
Staff Comments: In order to implement this bill, the DFW estimates it would need to add 7 permanent positions and 12 temporary positions for a total cost of $2,832,000 in 2019-20 and $2,459,000 in 2020-21. DFW also estimates a one-time impact of approximately $120,000 for the Department to update existing regulations (estimated at $30,000) and develop and program the Automated License Data System to accommodate the proposed changes (estimated to be $90,000). In addition, the Department estimates that the fiscal impact of this bill would be a reduction in revenue of approximately $400,000 annually.
Revenue from wild pig tag sales for 2016 reached $974,134 from 52,256 tags.Resident hunters purchased 42,942 tags, non-resident hunters purchased 1,041 tags, and 8,273 tags were issued as part of the lifetime hunting package. Of all wild pig tags sold in 2016, 29,412 tags were purchased by hunters only requesting one tag. The remainder of the tags were purchased by hunters requesting between two and 40 tags.
Presuming wild pig validation sales remain consistent with prior years, setting the wild pig tag validation fees at $15 for residents and $50 for nonresidents could result in a loss of revenue of approximately $400,000 to the Department. Setting the validation fee at or near the current rate for a single wild pig tag for resident and non-resident hunters may alleviate this concern, coupled with the possibility that a validation allowing the take of multiple animals may increase sales.
In order to prevent the Department from losing revenue, the Department recommends setting the starting fee for the wild pig validation at $25 for resident and $75 for non-resident hunters and indexing the fee to allow adjustments for inflation. The approximate revenue to the Department would be $950,000, about the same revenue seen in 2016 from wild pig tags sales.
As amended June 28, 2018 the bill would require the completion of a management plan for wild pig that includes abundances of pigs across the range, habitat assessments, and other requirements. For comparison purposes, the Department has been working on developing management plans for deer and elk as well as improving population assessment techniques. This has been an extensive effort from up to 30 full time staff for deer and 16 full time staff for elk needed to survey and collect data, capture and tag animals, track animals, write reports, coordinate projects, and conduct habitat assessments. The Department does not currently have the capacity to implement a program, as evidenced by the fact that we have not updated a wild pig plan since 1995 given other higher priorities for wildlife conservation and management, and limited staff. The cost of implementing the management plan is anticipated to be $2,459,000.
-- END --
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Robert Hertzberg, Chair
2017 - 2018 Regular
Bill No: AB 2805 Hearing Date: June 26, 2018
Author: | Bigelow | ||
Version: | June 18, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Dennis O'Connor | ||
Subject: Wild pigs: validations
BACKGROUND AND EXISTING LAW
Background:
Wild pigs are not native to North America and were first introduced in California in 1769 by the Spanish missionaries at Mission San Juan Bautista. The missionaries released domestic pigs near the missions in order to take advantage of the rich natural forage resources available. Released domestic pigs that were not harvested or recaptured became feral. In the 1920’s, Russian wild boar were introduced in Monterey County for sport hunting. Russian wild boar and domestic swine belong to the same species, Sus scrofa, and are able to interbreed without restriction. Wild pigs in California today are descendants of both the released domestic pigs and the Russian wild boar.
Wild pigs currently exist in 56 of the state's 58 counties and can be found in a variety of habitats ranging from woodland, chaparral, and meadow to grasslands. Wild pigs are omnivorous, consuming both plant and animal matter. In general, wild pigs feed on: grasses and forbs in the spring; mast and fruits in the summer and fall; and roots, tubers and invertebrates throughout the year.
Wild pigs are susceptible to at least 30 transmittable livestock diseases, and are hosts to over 35 types of parasites. Of the 30 diseases that wild pigs carry, 20 can be transferred to humans. Additionally, they are known carriers of five major waterborne pathogens that can contaminate drinking water: Escherichia coli (E. coli), Campylobacter, Salmonella, Cryptosporidium, and Giardia.
Wild pigs are known to cause extensive damage to crops and rangelands. Reported damage to agriculture is estimated at $2 million per year in California, and nationwide at around $2.5 billion per year. Ecological impacts include soil compaction, damage to native plant communities, reduced water quality from increased turbidity and bacterial contamination, competition with other game species—particularly deer and wild turkeys—for food and space, and predation on ground-nesting bird eggs, amphibians, reptiles, and small mammals.
On the other hand, wild pigs are a valued animal for hunting. Hunting wild pigs generates about $1.2 million a year in revenue for the California Department of Fish and Wildlife (DFW) from the sale of wild pig tags alone.
Wild pigs have been designated as a game mammal since 1957. According to the DFW, the primary goal of the wild pig management program is to minimize damage to California’s native plants and animals, to park and recreation activities, and to agricultural operations from the foraging habits of wild pigs. To attain this goal, the DFW seeks to enhance hunting opportunities as a means of reducing these threats.
In 2015, Assembly Member Bigelow introduced Assembly Bill 290 to try and resolve some of the issues around wild pigs. That bill was unsuccessful. However, in response the Fish and Game Commission (commission) President, commission staff, and DFW staff attended a meeting with Assembly Member Bigelow to discuss the issues raised by the proposed legislation in January 2016.
In February 2016, the commission directed its Wildlife Resource Committee (WRC) to discuss possible changes with a range of stakeholders and other relevant state and federal agencies regarding wild pig regulations and to identify suggestions for potential legislation to share with Assembly Member Bigelow. WRC held discussions on wild pig management at its May 2016, September 2016, January 2017, and May 2017 meetings. At the May 2017 meeting, staff presented a draft proposal with two options and received additional stakeholder input. Following the discussion, WRC directed staff to work with stakeholders on the remaining concerns and issues raised at the meeting, with a focus on the second option as the preferred alternative.
At its October 11, 2017 hearing, the commission unanimously voted to forward the proposal to Assembly Member Bigelow.
Current law:
- Classifies mammals as either game mammals, fur-bearing mammals, nongame mammals, or fully protected mammals, and has both common and separate laws and regulations governing each of class of mammal. (Under Fish and Game Code (FGC) §54, the definition of “mammal” excludes wild, feral, or undomesticated burros.)
- Defines wild pig as free-roaming pigs not distinguished by branding, ear marking, or other permanent identification methods, and classifies them as a game mammal.
- Provides generally, among other things:
- 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 the FGC and adopted hunting regulations. (FGC §3005.5)
- It is unlawful to take any bird or mammal, except a nongame mammal, between one-half hour after sunset and one-half hour before sunrise of the following day at the place of taking. (FGC §3000)
- It is unlawful to use an artificial light to assist in the taking of a game bird, game mammal, or game fish. (FGC §2005)
- Nonlead ammunition, as determined by the commission, shall be required when taking all wildlife, including game mammals, game birds, nongame birds, and nongame mammals, with any firearm, by no later than July 1, 2019. (FGC §3004.50)
- Provides three ways to legally take wild pigs:
- With a hunting license and a wild pig tag, in compliance with applicable sections of the FGC and hunting regulations.
- Under a depredation permit issued pursuant to code. (FGC §4181)
- If the wild pig is caught in the act of damaging livestock, land, or other property. (FGC §4181.1)
- Provides that, under a hunting license and wild pig tag:
- There is no daily bag or possession limit, and the season occurs year-round. (Title 14, California Code of Regulations §368 or 14 CCR §368)
- 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. (FGC §4657)
- The carcass may not be left in the field. (FGC §4304)
- Provides that, regarding depredation permits:
- DFW, 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. (FGC §4181)
- DFW may add terms and conditions to the permit necessary to protect wildlife and ensure public safety. To be valid, the permit must contain a statement signed by the applicant that he/she has read, understands, and agrees to be bound by all the terms of the permit. (14 CCR §401(c)(2))
- The permit may allow the use of lights (FGC 2005(c)(3)) and may authorize take any time as specified under conditions in the permit.
- The permit shall include a statement of the penalties that may be imposed for a violation of the permit conditions.
- Holders of permits authorizing take of wild pigs shall provide a report listing the date and sex of each wild pig taken. A report shall be submitted whether or not any animals were taken. The reporting period shall be by calendar month. The permittee or designated agent shall complete and submit the report to the department on or before the 15th day of the following month. Reports shall be submitted to the address provided by the department. (14 CCR § 401(g))
- Wild pigs shall be tagged prior to being transported from the property designated in the permit. Tags for wild pigs shall be completed before the wild pigs are removed from the property. Tags shall clearly show the permittee's name, address, date and location the animal was taken and shall include the signature of the person taking the animal. The report portion of each tag shall be mailed to the department without delay. (14 CCR §401(h))
- Provides that if a wild pig is caught in the act of damaging livestock, land, or other property:
- The wild pig may be taken immediately by the owner of the livestock, land, or property or their 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. (FGC §4181.1)
- The person taking the wild pig may use an artificial light to assist in the taking of the wild pig. (FGC §2005(c)(3))
- The person taking the wild pig shall report the taking no later than the next working day to the DFW and shall make the carcass available to the DFW.
- Unless otherwise directed by the DFW, the person taking the wild pig or to whom the carcass of the wild pig is transferred 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 DFW must make a record of each report of immediate take and may have an employee of the DFW investigate the taking or cause the taking to be investigated.
- Provides that, if a person with a lifetime hunting license pays a premium, the person shall annually be issued a deer tag application and 5 wild pig tags.
- Requires the DFW to prepare a plan for the management of wild pigs, including determining the status and trend of wild pig populations and management units.
- Allows Contained Hunting Preserves for the hunting of wild pigs, among other animals.
- Prohibits any person to import any swine into this state except for immediate slaughter, unless the person procures a health certificate and import permit from the DFW prior to the shipment or movement of the swine.
- Creates the Shared Habitat Alliance for Recreational Enhancement (SHARE) program in the DFW, which is designed to improve public access to private or landlocked public land and provides that participating landowners will be compensated with monetary payment and liability protection for providing access to or through their land for recreational use and enjoyment of wildlife. The SHARE program is funded with SHARE access permit application fees through the department.
- Authorizes the Fish and Game Commission to adopt regulations governing hunting.
PROPOSED LAW
This bill would, as of July 1, 2019:
- Create a new classification of mammal, exotic game mammal, and makes conforming amendments through most of the FGC.
- Classify wild pigs as the only exotic game mammal, expands the definition of wild pigs to also include pigs with at least two of six specific traits or “phenotypical characteristics.”
- Change the legal methods of taking wild pigs to:
- With a hunting license and wild pig validation permit.
- If the wild pig is damaging or threatening to damage livestock, land, or other property. (FGC §4181.1(b))
- Provide that under a hunting license and wild pig validation permit:
- The holder of the wild pig validation is authorized to take any number of wild pigs during the license year of the validation, as specified by the commission.
- The holder of a wild pig validation shall keep the validation in his or her possession while hunting wild pig.
- Allows the use of artificial lights for the hunting of exotic game mammals.
- Allows, but does not require, the commission to adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig under a wild pig validation.
- Allows a property owner, tenant, or employee and agent of a property owner or tenant to take, at any time, wild pig, injuring or threatening to damage or destroy land or other property.
- Allows a property owner to take a wild pig without preventing it from needlessly going to waste.
- Allows for a property owner, tenant, or employee and agent of a property owner to take a wild pig at night, provided they notify to the DFW at its nearest local office at least 24 hours before the taking of any wild pig.
- Allows the commission to require the procurement of wild pig tags in lieu of wild pig validations. The commission may set a fee for the procurement of a wild pig tag and may adopt other requirements relating to wild pig tags.
- Prohibits a person from intentionally or knowingly releasing a pig to live in the wild.
- Prohibits contained wild pig hunting operations, as defined.
- Requires the DFW to prepare a management plan that considers existing information and literature relative to wild pigs. Requires the DFW to, through the management plan, work with landowners to mitigate depredation through the application of the SHARE program.
- Establishes a base fee for a wild pig validation of $15 for residents of the state applicable to the 2018 license year.
- Provides that, if a person with a lifetime hunting license pays a premium, the person may annually be awarded a wild pig tag validation and eight applications for SHARE access permits instead of five wild pig tags.
- Requires the Department of Food and Agriculture to adopt regulations to require a person who possesses a domestic swine that at least two of six specific traits or “phenotypical characteristics” to identify the swine with a brand, tattoo, or other permanent mark or visible validation approved by the department.
- Make other related and conforming changes.
ARGUMENTS IN SUPPORT
According to the author, “Game status reflects a need for the Department of Fish and Wildlife to increase or sustain the population of a particular species. Wild pigs, on the other hand, have a population in the hundreds of thousands and should be managed separately from big game. This measure would classify wild pigs as an “exotic game mammal” in order to help mitigate the habitat endangerment, depredation and public health hazards caused by wild pigs. Among other things, this measure will encourage folks who own private lands to provide access to hunters to help manage pigs. It will replace pig tags with validations, making it more affordable for hunters to have access to wild pigs.”
The Farm Bureau Federation adds, “The current management system of wild pigs is not working to reduce their impacts. AB 2805 (Bigelow) works to improve and expand efforts to control wild pigs by removing the requirement to obtain a depredation permit and more clearly prohibiting the release of pigs into the wild.”
ARGUMENTS IN OPPOSITION
Several sportsmen’s groups raise a number of issues. These include:
- Making the reporting requirements voluntary would serve no real beneficial purpose as it is highly unlikely that anyone killing a wild pig would actually take the time to do so. Reporting can only be effective if it is mandatory. DFW would not have the information needed to develop a realistic and effective wild pig management plan.
- Defining wild pigs as “exotic game mammals” would be inconsistent with the definitions of this term for the other species in the code. Exotic species of birds and fish are species that are not native to California and which currently do not exist as viable wild populations in the state or its water. Wild pigs, though non-native, have established numerous viable populations. Defining wild pigs as exotic would only lead to confusion.
- The wastage of the edible portions of wild pig game meat by property owners as proposed in FGC §4304(c) and §4652(b) is also strongly opposed.
- DFW’s five-year wild pig management plan has not been updated since 1995. If they had, and had been managing to a scientifically developed plan, there would likely be no need for this bill.
A number of other opponents object specifically to the elimination of “contained hunting preserves” for the hunting of wild pigs. Veterans groups and others supporting disabled veterans argue that eliminating game preserves as a hunting option keeps many of the disabled from getting to experience hunting.
COMMENTS
The Policy Debate. Sportsmen feel the real motive behind this bill is to eliminate wild pigs in California, and that this bill is yet another attempt to make that happen. They are particularly concerned about “excessive” take that won’t support viable populations for hunting.
On the other hand, many people think wild pigs are a scourge, and if complete eradication is not practicable, seriously depleting the current wild pig population is the next best thing.
Eliminates Requirement Of “In The Act” For Immediate Take Without A Tag/Validation. Current law requires that a wild pig be caught in the act of causing damage in order for a wild pig to be taken any time without a pig tag. This bill simply requires there be the threat of damage. As the bill is currently written, it is no clear whether the person needs a hunting license to take a pig that is causing or is threatening to cause damage.
Eliminates Contained Hunting Preserves. As noted under arguments in opposition, this bill prohibits “contained hunting preserves” for the hunting of wild pigs. Supporters of prohibiting these hunting preserves argue that pigs often escape the confines of these preserves, become feral, and thereby exacerbate the problems with wild pigs.
What’s In A Name? A number of opponents object to classifying wild pigs as “Exotic Game Animal,” asserting that the label is somehow misleading or will lead to confusion. While some states do classify wild pigs as game or game mammals, many more do not. A number of states classify wild pigs as either an invasive species, a nuisance species, an exotic species, or nongame species. A few of the less common classifications include:
Idaho -- deleterious exotic animal
Iowa -- dangerous wild animal
Louisiana -- outlaw quadruped
Hunting With Lights. This bill would allow hunting of pigs causing or threatening to cause damage at night with lights. This could open the door to more widespread poaching of deer, elk, or other species that freeze at night when a light is shined on them. This bill attempts to address this by requiring a person intending to hunt wild pigs at night to first notify DFW 24 hours in advance of the hunt. This would probably be easier if it could be done electronically. (See discussion on regulations below)
Lead Ammunition. Current law requires that by July 1, 2019, nonlead ammunition be used when taking all wildlife. There is an exception under the law if the director of DFW determines that nonlead ammunition is not commercially available in certain calibers. However this exemption does not apply to the hunting of big game mammals and other specified classes of animals in the California condor range. These prohibitions apply to wild pigs under current law. An amendment is needed to include “exotic game mammals” in the ban on the use of lead ammunition going forward. (See Amendment 1)
Comply With The Code And Regulations. Current law prohibits the capture of any game mammal, exotic 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 the Fish and Game Code or regulations. This prohibition applies to wild pigs under current law. An amendment is needed to extend this prohibition to “exotic game mammals” going forward. (See Amendment 2)
Need A Real Management Plan. While the proposed changes made by this bill keep the requirement that DFW prepare a plan for the management of wild pigs, the reality is that it has been decades since it was last updated. It probably makes sense, especially in light of the amendments to the code proposed by this bill, to require DFW to update the report soon, and to continue to update it periodically. It also probably makes sense to require, instead of authorizing, the inclusion of the specific elements identified in this bill. (See Amendment 3)
If Not Addressed In Statutes, Then It Must Be In Regulations. This bill would eliminate statuary direction on a number of aspects of hunting wild pigs. That doesn’t mean that the issues shouldn’t be addressed one way or another. This bill authorizes, but does not require, the development of regulations regarding the transport of taken wild pigs or notification of DFW of the take of wild pigs. Both these issues need to be addressed. In particular, if DFW is to manage wild pigs, it needs to know how many pigs are taken, where, when, and under what circumstances. Ideally for the hunter or the person taking the wild pig, this should be done electronically. Additionally, it would be helpful for persons intending to take wild pigs a night, to be able to provide the notice electronically as well. (See Amendment 4)
Both Pig Tags & Validations? While this bill pretty thoroughly eliminates the statutory provisions regarding wild pig tags, the bill still allows the commission to issue wild pig tags. That would almost certainly cause confusion given the elimination of all the rest of the law regarding wild pig tags. If the author intends that we move to validations, then the bill should be clear on that. (See Amendment 5)
Related Bills:
AB 2268 (Bigelow), 2014, contained some provisions similar to this bill, was not heard by Assembly Water, Parks, and Wildlife at the request of the author.
AB 290 (Bigelow), 2015, would have authorized landowners to take wild pigs without obtaining a hunting license, wild pig validation, or depredation permit under specified conditions. It was not heard by Assembly Water, Parks, and Wildlife at the request of the author.
AB 573 (Bigelow), 2017, was substantially similar to the introduced version of this bill. It was not heard by Assembly Water, Parks, and Wildlife at the request of the author.
SUGGESTED AMENDMENTS
Except where the suggested amendment is to an existing section of the bill, the following amendments will also include provisions to:
- Make the current version of the section inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
- Make the new version of the section operative on July 1, 2019.
AMENDMENT 1
Section 3004.5 (b) & (j)(2) of the Fish and Game Code is amended to read:
(b) Except as provided in subdivision (j), and as soon as is practicable as implemented by the commission pursuant to subdivision (i), but by no later than July 1, 2019, nonlead ammunition, as determined by the commission, shall be required when taking all wildlife, including game mammals, exotic game mammals, game birds, nongame birds, and nongame mammals, with any firearm.
(j)(2) Notwithstanding a suspension pursuant to paragraph (1), nonlead ammunition shall be used when taking big game mammals, exotic game mammals, nongame birds, or nongame mammals in the California condor range, as defined in subdivision (a).
AMENDMENT 2
Section 3005.5 of the Fish and Game Code is amended to read:
3005.5. 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, game bird, nongame bird, nongame mammal, or furbearer taken from the wild, except as provided by this code or regulations made pursuant thereto. Any bird or mammal possessed or confined in violation of this section shall be seized by the department.
The commission may promulgate regulations permitting the temporary confinement of game mammals, exotic game mammals, game birds, nongame birds, nongame mammals, or furbearers for the purpose of treating the animals, if injured or diseased.
AMENDMENT 3
SEC. 24. Section 4651 is added to the Fish and Game Code, to read:
4651. (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 may 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 or tags pursuant to Section 4657 or 4658 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.
AMENDMENT 4
SEC. 34. Section 4657 is added to the Fish and Game Code, to read:
4657. (a) The holder of a wild pig validation shall keep the validation in his or her possession while hunting wild pig.
(b) The commission may shall adopt regulations governing the transportation of a wild pig carcass and the reporting of any take of a wild pig. under a wild pig validation.
(1) The regulations shall provide for reporting of any take of a wild pig electronically, and shall require the following information:
(A) The identity of person taking the wild pig.
(B) The date and location of the taking of the pig.
(C) Any other information the commission finds would be appropriate to better understand the location, abundance, and rate of take of wild pigs or to enforce the provisions of this code or title 14 of the California {regs}.
(2) The regulations shall provide for the electronic notification of the department regarding plans to take a wild pig at night pursuant to paragraph (1) of subdivision (b) of Section 4652.
(b) This section shall become operative on July 1, 2019.
AMENDMENT 5
Delete SEC. 35.
SEC. 35. Section 4658 is added to the Fish and Game Code, to read:
4658. (a) The commission may require the procurement of wild pig tags in lieu of wild pig validations. The commission may set a fee for the procurement of a wild pig tag and may adopt other requirements relating to wild pig tags.
(b) This section shall become operative on July 1, 2019
Amend SEC. 26. Section 4652(a) to read
4652. (a) It is unlawful to take a wild pig, except as provided in subdivision (b) and Section 4658, 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 4654 authorizes the holder of the validation to take any number of wild pigs during the license year of the validation, as specified by the commission.
SUPPORT
California Bowmen Hunters/State Archery Association
California Deer Association
California Farm Bureau Federation
California Waterfowl Association
Cal-Ore Wetland and Waterfowl Council
Placer County Board of Supervisors
Suisun Resource Conservation District
The Black Brant Group
OPPOSITION
Bitterwater Outfitters
California Sportsman’s Lobby, Inc.
Fregoso Outdoor Foundation
Golden Ram Sportsman’s Club
Modesto Houndsmen
Outdoor Sportsmen’s Coalition of California
Safari Club International
Veterans Legal Institute
West Coast Archery Shop
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2805
Author:(Bigelow)
As Amended Ver:May 25, 2018
Majority vote
Committee | Votes | Ayes | Noes |
Water | 14-0 | Eduardo Garcia, Gallagher, Bigelow, Carrillo, Choi, Chu, Friedman, Gloria, Kalra, Levine, Mathis, Rubio, Salas, Wood | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
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SUMMARY: Creates a new designation for wild pigs, as exotic game mammal, as of July 1, 2019. Creates a new management approach along with the new designation for wild pigs and removes the requirement for a depredation permit for a landowner to take wild pigs. Specifically, this bill:
- As of July 1, 2019, removes wild pig from being designated as a game mammal and lists wild pig, as defined, as an exotic game mammal.
- As of July 1, 2019, allows a property owner, tenant, or employee and agent of a property owner or tenant to take, at any time, wild pig, injuring or threatening to damage or destroy land or other property. Allows a property owner to take a wild pig without preventing it from needlessly going to waste. Allows for a property owner, tenant, or employee and agent of a property owner to take a wild pig at night, as specified. Prohibits the use of poison to take wild pig. Allows the Department of Fish and Wildlife (DFW) to use the Shared Habitat Alliance for Recreational Enhancement (SHARE) program to promote and enhance public hunting opportunities for wild pig.
- As of July 1, 2019, defines wild pig as an unmarked pig that has specific characteristics and requires the Department of Food and Agriculture to adopt regulations requiring a person who possesses a pig that displays those characteristics to mark the pig.
- As of July 1, 2019, prohibits a person from intentionally or knowingly releasing a pig to live in the wild. Prohibits contained wild pig hunting operations as defined.
- As of July 1, 2019, requires the DFW to prepare a management plan that considers existing information and literature relative to wild pigs. Requires the DFW to, through the management plan, work with landowners to mitigate depredation through the application of the SHARE program.
- As of July 1, 2019, establishes a wild pig validation necessary for hunting wild pig and establishes a base fee of $15 for residents of the state applicable to the 2018 license year.
EXISTING LAW:
- Classifies wild pigs as a big game mammal and requires a hunting license and wild pig tags or a depredation permit to take a wild pig. There is no daily bag or possession limit and the season occurs year-round.
- Authorizes land owners whose property is being damaged or destroyed by wild pigs to apply to the DFW for a permit to kill the animals. Requires the DFW to provide an applicant for a depredation permit to take wild pigs with written information on the options for wild pig control, which include depredation permits, allowing periodic access to the land by licensed hunters, and holding special hunts.
- Allows any wild pig that is encountered while in the act of inflicting injury to, molesting, pursuing, worrying or killing livestock, or damaging or destroying property, be taken immediately by the owner or governmental official.
- Requires the DFW to prepare a plan for the management of wild pigs, including determining the status and trend of wild pig populations and management units.
- Makes it unlawful for any person to import any swine into this state except for immediate slaughter, unless the person procures a health certificate and import permit from the DFW prior to the shipment or movement of the swine.
- Requires a wild pig tag to hunt wild pig and establishes a base fee of $15 for residents of the state applicable to the 2004 license year.
FISCAL EFFECT: According to Assembly Appropriations Committee:
- Annual DFW revenue loss of $400,000 (Big Game Management Account) resulting from the change from tag to validation requirement. Setting the validation fee at or near the current rate for a wild pig tag would likely reduce the amount of the revenue loss.
- One-time California Department of Food and Agriculture costs to develop the pig-marking regulations are absorbable.
COMMENTS: Wild pigs are not native to North America and were first introduced in California in 1769. Wild pigs occur throughout most of California, existing in 56 of the 58 counties. Wild pigs possess many biological and behavioral traits that enable them to live just about anywhere and quickly populate new areas. Wild pigs can be extremely destructive to property, especially while engaged in their rooting foraging behavior.
In most areas and populations, the most significant cause of mortality in wild pigs is hunting. However, because of their resiliency, wild pig populations in good habitats can endure extremely high rates of hunting harvest, and in most cases hunting alone cannot control populations. It has been estimated that, in good habitat conditions, adult survival would have to be reduced to less than 10 percent to counter population growth.
According to the DFW’s website: The relationship between California residents and wild pigs could be described as 'love/hate.' That is, hunters love them while everyone else seems to hate them.
Sale of wild pig tags generates about $1 million a year in revenue for the DFW. As proceeds from the sale of tags to hunt a big game mammal, the revenues from pig tags are required to be deposited into the Big Game Management Account (BGMA). The funds in the BGMA are required to, among other things, be used to implement programs to expand public hunting opportunities.
Reported damage to agriculture in California is estimated at $2 million per year. There are studies showing a 6-10% loss in revenue for some agricultural commodities when wild pigs are present. There are no official estimates for ecological damage from wild pigs, but surveys of land managers indicate that the damage is in the range of $4 million per year.
There are two examples of wild pig eradication in California. On Santa Cruz Island, it cost $5 million and took 26 months to kill the 5,036 wild pigs on the island. Two hundred wild pigs were also eradicated from Pinnacles National Park at a cost of $2.6 million with an ongoing annual cost of $50,000.
According to the DFW’s website, landowners have a variety of legal options for addressing wild pig-related property damage. This includes requesting a depredation permit from the DFW that would allow the landowner to hunt for pigs on their property anytime without a hunting license.
In October 2017, the Fish and Game Commission (FGC) approved a proposal recommending a change in designation for wild pig. This bill is modeled off of that preferred option. The proposal was developed over several years at the FGC Wildlife Resources Committee (WRC). The WRC review of wild pig management focused on how to maintain hunting opportunities, retain existing revenues coming into the DFW, streamline depredation, and minimize waste of game meat.
Amendments taken in Assembly Appropriations Committee revise the definition of free-roaming, feral pig, and European wild boar.
Analysis Prepared by: Ryan Ojakian / W., P., & W. / (916) 319-2096 FN: 0003300
Revised
Date of Hearing: April 25, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2805
Author:(Bigelow) – As Amended Ver:April 11, 2018
Policy Committee: | Water, Parks and Wildlife | Vote: | 14 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill removes wild pigs from the list of game mammals as of July 1, 2019, and places wild pigs under a designation of exotic game mammal. This bill creates a new management approach for wild pigs and removes the requirement for a landowner to obtain a depredation permit in order to take wild pigs.
This bill replaces the wild pig tag ($22.52 for residents and $75.60 for nonresidents) with a wild pig validation and sets the price of the validation at $15 for residents and $50 for nonresidents for the 2018 license year and adjusts the price annually, as specified. Additionally, this bill:
- Allows a property owner, tenant, or employee and agent of either to take at any time wild pig that is injuring or threatening to damage or destroy land or other property, at any time. Prohibits the use of poison to take wild pig. Allows the Department of Fish and Wildlife (DFW) to use the Shared Habitat Alliance for Recreational Enhancement (SHARE) program to promote and enhance public hunting opportunities for wild pig.
- Defines wild pig as an unmarked pig that has specific characteristics and requires the Department of Food and Agriculture (CDFA) to adopt regulations requiring a person who possesses a pig that displays those characteristics to mark the pig.
- Requires DFW to prepare a management plan that considers existing information and literature relative to wild pig. Requires DFW to work with landowners to mitigate depredation through the application of the SHARE program.
FISCAL EFFECT:
- Annual DFW revenue loss of $400,000 (Big Game Management Account) resulting from the change from tag to validation requirement. Setting the validation fee at or near the current rate for a wild pig tag would likely reduce the amount of the revenue loss.
- CDFA costs to develop the pig-marking regulations are absorbable.
COMMENTS:
- Purpose. This bill creates a new designation and management approach for wild pig as of July 1, 2019. According to the author, “This bill aims to provide the tools to help landowners, farmers, hunters, and DFW manage the tremendously large and damaging wild pig population in the State of California.”
- Background. According DFW’s website: The relationship between California residents and wild pigs could be described as ‘love/hate.’ That is, hunters love them while everyone else seems to hate them.
Sale of wild pig tags generates about $1 million a year in revenue for DFW. As proceeds from the sale of tags to hunt a big game mammal,the revenues from pig tags are required to be deposited into the Big Game Management Account (BGMA). The funds in the BGMA are required to, among other things, be used to implement programs to expand public hunting opportunities.
Reported damage to agriculture in California is estimated at $2 million per year. There are studies showing a 6-10% loss in revenue for some agricultural commodities when wild pigs are present. There are no official estimates for ecological damage from wild pigs, but surveys of land managers indicate that the damage is in the range of $4 million per year. Additionally, damage from wild pigs includes soil compaction, damage to native plants, reduced water quality, and impacts on other species including other game species, in particular, on deer and wild turkeys.
According to DFWs website, landowners have a variety of legal options for addressing wild pig-related property damage. This includes requesting a depredation permit from the DFW that would allow the landowner to hunt for pigs on their property anytime without a hunting license.
In October 2017, the Fish and Game Commission (FGC) approved a proposal recommending a change in designation for wild pig. This bill is modeled off of that preferred option.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: April 10, 2018
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Eduardo Garcia, Chair
ABPCA Bill Id:AB 2805 (
Author:Bigelow) – As Amended Ver:April 3, 2018
SUBJECT: Wild pigs: validations
SUMMARY: Creates a new designation for wild pigs, as exotic game mammal, as of July 1, 2019. Creates a new management approach along with the new designation for wild pigs and removes the requirement for a depredation permit for a landowner to take wild pigs. Specifically, this bill:
- As of July 1, 2019, removes wild pig from being designated as a game mammal and lists wild pig, as defined, as an exotic game mammal.
- As of July 1, 2019, allows a property owner, tenant, or employee and agent of a property owner or tenant to take wild pig, injuring or threatening to damage or destroy land or other property, at any time. Allows a property owner to take a wild pig without preventing it from needlessly going to waste. Allows for a property owner, tenant, or employee and agent of a property owner to take a wild pig at night, as specified. Prohibits the use of poison to take wild pig. Allows the Department of Fish and Wildlife (DFW) to use the Shared Habitat Alliance for Recreational Enhancement (SHARE) program to promote and enhance public hunting opportunities for wild pig.
- As of July 1, 2019, defines wild pig as an unmarked pig that has specific characteristics and requires the Department of Food and Agriculture to adopt regulations requiring a person who possesses a pig that displays those characteristics to mark the pig.
- As of July 1, 2019, prohibits a person from intentionally or knowingly releasing a pig to live in the wild. Prohibits contained wild pig hunting operations as defined.
- As of July 1, 2019, requires the DFW to prepare a management plan that considers existing information and literature relative to wild pigs. Requires the DFW to through the management plan, work with landowners to mitigate depredation through the application of the SHARE program.
- As of July 1, 2019, establishes a wild pig validation necessary for hunting wild pig and establishes a base fee of $15 for residents of the state applicable to the 2018 license year.
EXISTING LAW:
- Classifies wild pigs as a big game mammal and requires a hunting license and wild pig tags or a depredation permit to take a wild pig. There is no daily bag or possession limit and the season occurs year-round.
- Authorizes land owners whose property is being damaged or destroyed by wild pigs to apply to the DFW for a permit to kill the animals. Requires the DFW to provide an applicant for a depredation permit to take wild pigs with written information on the options for wild pig control, which include depredation permits, allowing periodic access to the land by licensed hunters, and holding special hunts.
- Allows any wild pig that is encountered while in the act of inflicting injury to, molesting, pursuing, worrying or killing livestock, or damaging or destroying property, be taken immediately by the owner or governmental official.
- Requires the DFW to prepare a plan for the management of wild pigs, including determining the status and trend of wild pig populations and management units.
- Makes it unlawful for any person to import any swine into this state except for immediate slaughter, unless the person procures a health certificate and import permit from the DFW prior to the shipment or movement of the swine.
- Requires a wild pig tag to hunt wild pig and establishes a base fee of $15 for residents of the state applicable to the 2004 license year.
FISCAL EFFECT: Unknown.
COMMENTS: Creates a new separate designation and management approach for wild pigs as of July 1, 2019.
Author Statement:
This bill aims to provide the tools to help landowners, farmers, hunters and the DFW manage the tremendously large and damaging wild pig population in the State of California.
Background: Wild Pigs Are an Invasive Species. Wild pigs are not native to North America and were first introduced in California in 1769. Wild pigs occur throughout most of California, existing in 56 of the 58 counties. Wild pigs possess many biological and behavioral traits that enable them to live just about anywhere and quickly populate new areas. Wild pigs can be extremely destructive to property, especially while engaged in their rooting foraging behavior, and they are opportunistic eaters consuming a wide variety of foods. In general, wild pigs feed on grasses and flowering plants in the spring, mast and fruits in the summer and fall, and roots, tubers and invertebrates throughout the year.
Wild pig populations can grow rapidly in good habitat, and this population growth and subsequent dispersal can result in pigs quickly colonizing and populating new areas. The rapid growth capability of the wild pig population is possible because pigs reach sexual maturity at a young age, females can give birth multiple times per year to large litters, natural mortality is about 50 percent in the first year, and average life expectancy is between 4 to 8 years.
In most areas and populations, the most significant cause of mortality in wild pigs is hunting. However, because of their resiliency, wild pig populations in good habitats can endure extremely high rates of hunting harvest, and in most cases hunting alone cannot control populations. It has been estimated that, in good habitat conditions, adult survival would have to be reduced to less than 10 percent to counter population growth. In some areas, however, hunting alone has resulted in low pig populations, which is believed to be due to low quality habitat.
It is unlikely that individual landowners faced with impacts from wild pigs will be able to reduce pig populations, regardless of the intensity of control efforts on their individual properties. If a population reduction is to be achieved, it almost certainly will require efforts across an area larger than that of the average private landholding.
Revenue, Damage, and Management of Wild Pigs. According to the Department of Fish and Wildlife’s (DFW) website: “The relationship between California residents and wild pigs could be described as ‘love/hate.’ That is, hunters love them while everyone else seems to hate them.”
Sale of wild pig tags generates about $1.2 million a year in revenue for the DFW. As a big game mammal the revenues from pig tags are required to be deposited into the Big Game Management Account (BGMA). The funds in the BGMA are required to, among other things, be used to implement programs to expand public hunting opportunities. The DFW is required to have an advisory committee that primarily includes hunting interests to ensure that the purpose of the BGMA is being met.
Reported damage to agriculture in California is estimated at $2 million per year. There are studies showing a six to ten percent loss in revenue for some agricultural commodities when wild pigs are present. There are no estimates for ecological damage from wild pigs, but surveys of land managers indicate that the damage is in the range of $4 million per year. Additionally, damage from wild pigs includes soil compaction, damage to native plants, reduced water quality, and impacts on other species including other game species, in particular, on deer and wild turkeys.
Wild pigs have been designated as a game mammal since 1957 and have been managed in some fashion since then. According to the DFW, the primary goal of the wild pig management program is to minimize damage to California’s native plants and animals, park and recreation activities, and agricultural operations from the foraging habits of wild pigs. To attain this goal, the DFW seeks to enhance hunting opportunities as a means of reducing these threats. Individuals with a hunting license and a wild pig tag have no daily bag or possession limits and may hunt every day of the year. In the 2015-2016 hunting season (the season runs from July 1 - June 30) there were 53,430 tags sold and 3,927 wild pigs reported taken. The vast majority of wild pigs taken were on private property with over 86 percent reported to have been taken on private land.
There are two examples of wild pig eradication in California. On Santa Cruz Island, it cost $5 million and took 26 months to kill the 5,036 wild pigs on the island. Two hundred wild pigs were also eradicated from Pinnacles National Park at a cost of $2.6 million with an ongoing annual cost of $50,000.
According to the DFWs website landowners have a variety of legal options for addressing wild pig-related property damage. This includes requesting a depredation permit from the DFW that would allow the landowner to hunt for pigs on their property anytime without a hunting license.
Actions at the Fish and Game Commission. In October 2017, the Fish and Game Commission (FGC) approved a proposal recommending a change in designation for wild pig. This bill is modeled off of that preferred option. The proposal was developed over several years at the FGC Wildlife Resources Committee (WRC) spurred by the introduction of AB 290 (Bigelow) in 2015. The WRC review of wild pig management focused on how to maintain hunting opportunities, retain existing revenues coming into the DFW, streamline depredation, and minimize waste of game meat.
Prior and Related Legislation:
AB 2268 (Bigelow), 2014, contained some provisions similar to this bill, was not heard by Assembly Water, Parks, and Wildlife at the request of the author.
AB 290 (Bigelow), 2015, would have authorized landowners to take wild pigs without obtaining a hunting license, wild pig validation, or depredation permit under specified conditions. It was not heard by Assembly Water, Parks, and Wildlife at the request of the author.
AB 573 (Bigelow), 2017, was substantially similar to the introduced version of this bill. It was not heard by Assembly Water, Parks, and Wildlife at the request of the author.
Supporting Arguments: Wild pigs cause significant damage to California’s farms, ranches, and native habitats and action is needed to reduce their population. The current management system of wild pigs is not working to reduce their impacts. Wild pigs have expanded their range significantly over time, and efforts are necessary to address the damage they cause. There have been discussions on how to improve wild pig management with the DFW, Fish and Game Commission, and interested stakeholders for a number of years. This bill is the culmination of those discussions and should help simplify the management to better control wild pigs in California.
Opposition Arguments: Opponents believe that repealing the wild pig’s game mammal status would result in ending all DFW oversight relative to how many pigs are killed, the methods used to kill them, where they are being killed, who is killing them, or the disposition of their carcasses. The best approach to providing wild pig depredation relief to those affected would be to modify the existing depredation provisions in a manner that would appropriately address their concerns in a more humane and ethical manner. If a wild pig management plan was put in place and implemented, there likely would be no need for this bill, except possibly for some accommodation in depredation laws to help reduce property damage. Wild pig management should be based solely on the sound principles of scientific wildlife management, not speculation, politics or emotion.
Committee Amendments: The committee may wish to consider adding reporting on wild pig taken by property owners. The committee suggests the following addition to Section 26 of the bill:
(e) Any person taking a wild pig pursuant to this section may notify the department in a manner specified by the commission. In determining the manner to notify, the commission shall consider the ease of notification for members of the public.
Additionally the committee may wish to consider specify that the information the DFW should considering in the implementation of the management plan. The committee suggests the following addition to Section 24 of the bill:
(b) The plan may include all of the following:
(1) The distribution and abundance of wild pigs, including consideration for reporting on validations and tags described in sections 4657 and 4658, as well as, reporting pursuant to section 4652.
REGISTERED SUPPORT / OPPOSITION:
Support
California Farm Bureau Federation (if amended)
Opposition
California Sportsman's Lobby, Inc.
Modesto Houndsmen
Outdoor Sportsmen's Coalition of California
Safari Club International
Safari Club International Foundation
Analysis Prepared by: Ryan Ojakian / W., P., & W. / (916) 319-2096
Discussed in Hearing
1H
Senate Standing Committee on Appropriations
1MIN
Assembly Floor
13MIN
Assembly Standing Committee on Water, Parks, and Wildlife
Bill Author
Bill Co-Author(s):
