California AB 1038

Existing law delegates to the Fish and Game Commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles in accordance with prescribed laws. Existing law authorizes the commission to establish, extend, shorten, or abolish open seasons and closed seasons for the taking of game mammals, including bears. Existing law makes it unlawful to take any bear with a firearm, trap, or bow and arrow without first procuring a tag authorizing the taking of that bear, as specified. Existing law makes it unlawful to permit or allow a dog to pursue a bear at any time. Existing law establishes various exceptions to that prohibition including the use of dogs to pursue a bear pursuant to a depredation permit if certain conditions are met. This bill would require the commission to establish seasons during which a person would be authorized to allow dogs to pursue a bear if the person does not injure or kill the bear or allow the bear to be injured or killed while engaging in the activity, as specified. The bill, after the Department of Fish and Wildlife finalizes the update to its 1998 Bear Management Plan, would authorize the commission to establish a bear hunting season during which a person, pursuant to a bear tag, would be authorized to allow dogs to pursue a bear in any area determined by the commission.