AB 2805

Bill Subjects

Abstract

(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 owner's 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 $25 for residents and $75 for nonresidents for the license 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 owner's employee or agent, to immediately take a wild pig on the owner's 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. 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 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 2018–19 license year to the 2022–23 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, 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.