SB 856

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 and lists certain content that may be included in the plan. 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, but rather is an exotic game mammal, a term defined to include wild pigs, feral pigs, and wild boar. 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 also prohibit the use of poison to take exotic game mammals. The bill would make conforming changes to reflect the creation of the separate category of exotic 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 $90 for nonresidents for the 2024 license year, and would provide for increases pursuant to a specified inflation index. This bill would prohibit the department from limiting the number of wild pigs to be taken under a depredation permit or based on the sex of the wild pig. This bill would make it unlawful to intentionally or knowingly release any hog, boar, pig, or swine to live in a wild or feral state upon public or private land and would make it unlawful to engage in, sponsor, or assist 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 exempt from these prohibitions an individual or entity that operated a contained hunting preserve on or before January 1, 2022, provided the individual or entity shall not operate more acres than the number of acres the individual or entity had in operation on or before January 1, 2022. The bill would prohibit an individual or entity that operated a contained hunting preserve of wild pig, feral pig, European wild boar, or domestic swine on or before January 1, 2022, from selling, transferring, or passing on the contained hunting preserve operation. 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, beginning January 1, 2023, make the requirement that the department prepare a plan for the management of wild pigs contingent on an appropriation for that purpose, and would repeal this plan requirement on July 1, 2024. This bill would make other nonsubstantive and conforming changes to these provisions. These provisions, except where otherwise noted, would become operative on July 1, 2024. Because a violation of these new provisions would be a crime, this bill would impose a state-mandated local program. (2) Under existing law, a hunting license grants the privilege to take birds and mammals. Existing law requires the Department of Fish and Wildlife to issue an annual hunting license upon payment of a specified fee that varies in amount depending on whether the applicant is a resident of the state. Under existing law, an annual hunting license is valid for a term of one year beginning on July 1 or for the remainder of the term if issued after July 1. Existing law requires the department to issue a reduced-fee annual hunting license, known as a junior hunting license, upon payment of a specified fee, to a resident or nonresident who is under 16 years of age on July 1 of the licensing year for which that person seeks a license. Existing law also requires the department to issue a nonresident 2-day hunting license valid only for taking certain animals. This bill would add wild pigs to the list of animals authorized to be taken under a nonresident 2-day hunting license. (3) 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 only for certain purposes, including, among other things, to implement programs to benefit wild pigs. This bill, beginning July 1, 2024, would eliminate the authorization to expend those funds to implement programs to benefit wild pigs, and instead authorize their expenditure for the use of hunting to manage wild pigs. (4) 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, 2024, 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. (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, 2024, this bill would instead provide for a person who pays the premium be issued a deer tag and a wild pig validation. (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.