Going into the hearing, animal-rights opposition was expecting yet another easy victory on the extremely uneven playing field of the California State Capitol. Yet, following intense lobbying by Gaines & Associates, the California Houndsmen for Conservation, the California Deer Association and their partners, the result was far from an easy victory.
After a receiving testimony from the support and opposition to AB 1038, and a series of questions to both sides from the dais, the vote roll was called. Seven "aye" votes were needed for AB 1038 to pass out of the 13-member Assembly Water, Parks and Wildlife Committee made up of 10 Democrats and 3 Republicans. With most expecting AB 1038 to suffer a quick and overwhelming defeat, the bill quickly racked up six "aye" votes against only three "no" votes. With AB 1038 needing just one more vote to pass, the committee took a five-hour nerve-wracking recess.
The lobbying team in support of the bill quickly hit the Capitol halls again to once again visit the four offices that had not yet voted - seeking that single needed "aye" vote. Following several hours of lobbying, the committee reconvened and went through the roll of those who had not voted. Failing to get that one final illusive "aye" vote, AB 1038 failed to pass on a six "aye"/four "no" vote count, with three members not voting.
But AB 1038 wasn't dead yet. Assembly Member Hadwick quickly asked the committee for "reconsideration" of the bill - a motion that, if carried, allows a measure that failed to be heard again in committee. On a unanimous vote, the committee agreed to allow the bill to be heard again.
Due to legislative deadlines, the bill cannot be heard again in committee until January 2026, during the second year of the 2025/2026 Legislative Session. The lengthy delay before hearing may work to the advantage of AB 1038 - giving Gaines & Associates, the California Houndsmen for Conservation, the California Deer Association and our conservation allies time to try to change the vote of those members that didn't vote in favor of the bill, while also being sure to lock down the "aye" votes of those who did.
AB 1038 (HADWICK)
PURSUIT OF BEARS WITH DOGS
AB 1038 by Assembly Member Heather Hadwick is a two-part bill. First, AB 1038 would require the California Fish & Game Commission
to establish "Tree and Free" seasons during which a person may use dogs in the non-lethal pursuit of bears.
Second, AB 1038 would authorize the Commission to establish a hunting season during which pursuit by dogs may be used as a 'method of take' for harvesting a bear.
Some necessary background... In 2012, legislation (SB 1221) was passed in California that prohibits an individual from allowing a dog to pursue a bear - including as a 'method of take' for harvesting a bear.
Since the passage of SB 1221, the yearly hunter harvest of bears in California has fallen far below the annual harvest cap of 1,700. Fast forward to 2025 and black bear populations now far exceed the carrying capacity of their traditional habitats, and they are pushing into habitats they have never occupied before - including suburban and urban areas. Having not been pursued by humans with dogs for over a decade, bears have lost their fear of humans and dogs, resulting in an unprecedented number of human/bear encounters and escalating public safety concerns.
By creating seasons for the non-lethal pursuit of bears with dogs, part one of AB 1038 would help address these public safety concerns by serving to restore the wariness of people and dogs that historically has kept bears away from human occupied areas and out of trouble.
The overabundance of black bears in the state is being confirmed via an updated Bear Management Plan that the Department of Fish and Wildlife finalized in April 2025. Having not been revised since 1998, the updated Plan estimates the state’s black bear population at 60,000 bears - two times higher than what the department previously estimated.
In addition to noting the escalating increase in human/bear encounters, the Plan also states that the overpopulation of bears is putting severe stress on California’s deer populations. The final draft of the Plan states that “high rates of predation on deer fawns and kleptoparasitism of mountain lion kills by black bears have likely contributed to a declining deer population..." The Plan also notes that bears stealing adult deer kills from mountain lions has "...caused mountain lions to increase their kill rates substantially to recoup energetic losses to black bears." The result being undesirable changes in mountain lion behavior, an upsurge in conflict between mountain lions and humans, and a substantial increase in mountain lion depredation of livestock in the County of El Dorado and beyond.
Finally, the updated Plan indicates that the extremely low annual hunter harvest of bears due to the inability to pursue them with dogs is a primary contributor to the current overabundance of bears. The updated Plan notes that the maximum sustainable annual hunter harvest of black bears is near to 16%, yet hunters in California have been harvesting less than 3%.
Part two of AB 1038 would help bring bear populations back in balance with the ecosystem by restoring the Commission's authority to establish seasons during which houndsmen could use dogs for the harvest of bears.
AB 1038 is co-sponsored by the California Houndsmen for Conservation and the California Deer Association.
with the assistance of
SB 818 (Alvarado-Gil)
"Taylen and Wyatt's Law"
SB 818, "Taylen and Wyatt's Law", authored by State Senator Marie Alvarado-Gil, would enhance public safety and reduce loss of domestic animals in El Dorado County by establishing a five-year pilot program during which permitted houndsmen with trained hounds may humanely haze problem mountain lions away from areas where they pose a threat to public safety, livestock, or pets.
By implementing this pilot program in El Dorado County, SB 818 would enhance public safety and mitigate the escalating loss of domestic animals by pushing nuisance lions out of populated areas and restoring their natural fear of humans.
SB 818 would offer a compassionate alternative to having to kill problem lions.
SB 818 is sponsored by the Family of Taylen and Wyatt Brooks with the assistance of
SHOW UP FOR THE HEARING!
SB 818 by Senator Alvarado-Gil will be heard in the Senate Natural Resources and Water Committee on Tuesday, April 22nd.
For more information on the hearing and the Committee
click Senate NRW Committee
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3) MEET AT 8:00 A.M. ON THE WEST SIDE OF THE STATE CAPITOL BUILDING, OUT BY THE SIDEWALK NEAR 10TH STREET.
LOOK FOR SIGNS THAT SAY
"EL DORADO COUNTY"
THE OUTDOOR VIEW