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Assembly Bill 1038
Assembly Bill 1038 Hearing What Took Place
Assembly Bill 1038 Hearing What Took Place
Authored by California State Assembly Member Heather Hadwick,
AB 1038 would restore the ability of houndsmen to pursue bears with dogs.
STATUS:
HEARD APRIL 29th IN ASSEMBLY WATER, PARKS & WILDLIFE COMMITTEE.
A two-part bill, part one of AB 1038 would require the California Fish & Game Commission
to establish "Tree and Free" seasons during wh
Authored by California State Assembly Member Heather Hadwick,
AB 1038 would restore the ability of houndsmen to pursue bears with dogs.
STATUS:
HEARD APRIL 29th IN ASSEMBLY WATER, PARKS & WILDLIFE COMMITTEE.
A two-part bill, part one of 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 is on schedule to finalize imminently. Having not been revised since 1998, the final draft of the updated Plan estimates the state’s black bear population at 60,000 to 80,000 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 draft 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 final draft of 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 Gaines & Associates.
Assembly Bill 1038 Hearing What Took Place
Assembly Bill 1038 Hearing What Took Place
Assembly Bill 1038 Hearing What Took Place
AB 1038 was heard in the Assembly Water, Parks & Wildlife Committee on Tuesday, April 29th
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 Cons
AB 1038 was heard in the Assembly Water, Parks & Wildlife Committee on Tuesday, April 29th
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 our 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.
Gaines & Associates and our lobbying team quickly hit the Capitol halls again to re-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.
Senate Bill 818
Senate Bill 818 Hearing What Took Place
Senate Bill 818 Hearing What Took Place
SB 818, "Taylen and Wyatt's Law", as introduced by California State Senator Marie Alvarado-Gil, would have established a pilot program in El Dorado County allowing qualified houndsmen to proactively haze mountain lions
away from areas where they pose a threat to public safety, livestock, or pets.
STATUS: HEARD APRIL 22nd IN SENATE NATUR
SB 818, "Taylen and Wyatt's Law", as introduced by California State Senator Marie Alvarado-Gil, would have established a pilot program in El Dorado County allowing qualified houndsmen to proactively haze mountain lions
away from areas where they pose a threat to public safety, livestock, or pets.
STATUS: HEARD APRIL 22nd IN SENATE NATURAL RESOURCES AND WATER COMMITTEE.
Some necessary background... During the 1971–72 Regular Session, Assembly Bill 660 was passed and signed into law, placing a moratorium on the hunting of mountain lions. AB 660 was not passed due to concern over mountain lion populations, but rather because the “popular” estimate of 600 mountain lions in the state had been in use since 1919. AB 660 had two major project goals: first, the establishment of an updated estimate of the number of mountain lions in California; and second, the production of a science-based mountain lion management plan based on life history information.
AB 660 temporarily prohibited the hunting of mountain lions, but it did not prohibit the Department of Fish and Wildlife from issuing permits for the non-lethal pursuit of lions with dogs.
During this period, human/lion encounters and the depredation of livestock by mountain lions was nearly nonexistent.
Eighteen years later, although mountain lion populations were considered stable and healthy by most biologists, the species was designated as a “specially protected mammal” via the narrow passage of Proposition 117 on the June 1990 statewide ballot. Proposition 117 not only prohibited the taking, injury, possession, or sale of mountain lion parts in California in perpetuity but, by extension, it effectively banned the non-lethal pursuit and treeing of mountain lions with hounds.
The absence of houndsmen with dogs placing non-lethal pressure on mountain lions for the past 35 years has resulted in changes in their behavior. Traditionally nocturnal hunters and highly elusive, mountain lions now lack a fear of humans and domestic dogs. In El Dorado County, sightings of mountain lions are now commonly occurring in every community on the western slope, including suburban neighborhoods and school yards - resulting in substantially heightened public safety concerns.
In March 2024, a 21-year-old man was attacked and killed by a mountain lion in the middle of the day in El Dorado County.
In addition, in the County of El Dorado, mountain lion predation on livestock and pets has skyrocketed with over 200 domestic animals killed by mountain lions in 2024 alone.
Although the citizens of El Dorado County are doing everything possible to mitigate the remarkable increase in mountain lion activity via implementing all the traditional methods of deterring mountain lion conflict, these encounters continue to escalate.
Current state policy on the issuance of depredation permits for dealing with problem mountain lions only allows hazing of mountain lions by government trappers after the first kill and typically requires multiple kills on the same parcel before issuing a lethal depredation permit.
The implementation of this strict “after the damage is done” state policy has further escalated the changing mountain lion dynamics in the County of El Dorado, leading to the crisis county residents are currently experiencing.
Recent peer-reviewed and published scientific studies have documented that applying “proactive” pressure via non-lethal pursuit by trained dogs is the most effective method for hazing mountain lions and strongly reinforces their historic tendency to avoid humans and domestic dogs.
With the results of this study in mind, SB 818, as introduced, proposed to establish a 5-year pilot program in El Dorado County to collect data on the efficacy of authorizing permitted private houndsmen to proactively haze mountain lions deemed to be a potential threat to public safety, livestock, or other domestic animals. The pilot program would have been implemented in areas of El Dorado deemed to be appropriate by the department in collaboration with county leadership and enforcement personnel.
Upon completion of the pilot program, the department would have been required to provide a report to the Legislature and the Commission on the benefits of the "Tree and Free" program and feasibility on expanding it to other problem areas.
SB 818 was introduced on behalf of the Brooks Family in memory of their son, Taylen.
Senate Bill 818 Hearing What Took Place
Senate Bill 818 Hearing What Took Place
Senate Bill 818 Hearing What Took Place
SB 818, "Taylen and Wyatt's Law", was heard in the Senate Natural Resources and Water Committee on Tuesday, April 22nd.
Senate Bill 818, “Taylen and Wyatt’s Law” - an effort by Senator Marie Alvarado-Gil to take steps to increase the safety of the public of El Dorado County that she represents - failed to pass out of Senate Natural Resour
SB 818, "Taylen and Wyatt's Law", was heard in the Senate Natural Resources and Water Committee on Tuesday, April 22nd.
Senate Bill 818, “Taylen and Wyatt’s Law” - an effort by Senator Marie Alvarado-Gil to take steps to increase the safety of the public of El Dorado County that she represents - failed to pass out of Senate Natural Resources and Water Committee on April 22nd with the original bill language she had worked with the Brooks family to draft. Instead, four Legislators who represent largely urban districts that do not have problems with cats, forced hostile amendments to the bill. The amendments totally deleted the core of the bill which was to promote public safety by allowing permitted private houndsmen to haze problem lions away from humans and livestock with hounds - replacing it with language which promotes only actions county residents are already doing to protect livestock.
SB 818 was passed out of Senate committee on April 22nd with the forced amendments in it on a 4-2 committee vote.
The original language of SB 818 was based on studies which documented that hazing nuisance lions out of human-inhabited areas with trained hounds was the most effective and humane way to protect the health of both our public and the lions.
As originally written, by authorizing this practice, SB 818 would have gently pushed nuisance lions out of areas they shouldn’t be, while also restoring their natural wariness of humans and dogs, before they get into real trouble and ultimately must be dealt with via lethal take.
The lion that attacked the Brooks brothers had been in trouble before but had never been hazed by dogs. Had that lion previously been hazed, he never would have challenged Taylen and Wyatt.
Senator Alvarado-Gil is now working with the family and Gaines & Associates to determine next steps.
About the Principal
"I only work in the areas of interest I care most deeply about, am personally active in, and extremely well educated about -- wildlife management, conservation, hunting, and fishing."
Bill Gaines, Principal
Gaines & Associates
A nature lover and an avid outdoorsman his entire life, Bill Gaines and Gaines & Associates is not your typical "h
"I only work in the areas of interest I care most deeply about, am personally active in, and extremely well educated about -- wildlife management, conservation, hunting, and fishing."
Bill Gaines, Principal
Gaines & Associates
A nature lover and an avid outdoorsman his entire life, Bill Gaines and Gaines & Associates is not your typical "hired gun" contract lobbying firm. Gaines & Associates focuses only on policy which impacts wildlife conservation and outdoor recreation. Why? Because we personally care deeply about those issues. Gaines & Associates' unmatched background and knowledge of wildlife, hunting, fishing, and the outdoors, combined with our personal passion to protect and promote them for future generations to enjoy.
Bill's Story
An active hunter and angler his entire life, Bill Gaines began his career in wildlife-related policy in 1992 when he joined the California Waterfowl Association (CWA) as their Director of Government Affairs.
In 2013, after serving in the wildlife management policy arena in a variety of capacities for 21 years, Bill's extensive experience
An active hunter and angler his entire life, Bill Gaines began his career in wildlife-related policy in 1992 when he joined the California Waterfowl Association (CWA) as their Director of Government Affairs.
In 2013, after serving in the wildlife management policy arena in a variety of capacities for 21 years, Bill's extensive experience, excellent track record, and well-known name in wildlife policy compelled him to establish his own Government Relations firm, Gaines & Associates.
Bill and Gaines & Associates have since firmly established themselves as the leader in wildlife-related policy in the California State Legislature, in front of the California Fish and Game Commission, with the California Department of Fish and Wildlife, and all other political arenas where wildlife-related policy decisions are made in California.
Today, Bill and Gaines & Associates represent clients in the wildlife and outdoor industry whose interests include elk, deer, wild sheep, bears, waterfowl, turkeys, wild pigs, falconry, and hunting opportunity and public access to our outdoors. Mr. Gaines is a registered lobbyist, and Gaines & Associates is a registered lobbying firm with the State of California.
Bill was also a co-founder and currently serves as chair of the California Hunting and Conservation Coalition (CHCC) – an alliance of active wildlife conservation, hunting, fishing and shooting sports related organizations in California who support the North American Model of Wildlife Conservation. The mission of the CHCC is to ensure a strong future for wildlife management, habitat conservation, and the expansion of hunting, fishing, and shooting opportunity in California and beyond.
Established in 2016, the CHCC meets quarterly to facilitate the coordination between these outdoor interests and Department of Fish and Wildlife and Fish and Game Commission leadership to discuss issues of concern and effective partnership strategies for addressing them. Because of the success of the CHCC in California, Bill was asked to assist in establishing a similar forum in Oregon, with Washington, Colorado, and other states now also using our CHCC as a model for establishing similar coalitions.
Bill also serves as Chairman of the California State Legislature Outdoor Sporting Caucus Advisory Council. The purpose of the Council is to serve as the link between the California State Legislature Outdoor Sporting Caucus and the hunting, angling, and recreational shooting community. The Council provides on-the-ground support for the Caucus by maintaining an active presence in California’s State Capitol to assist with the execution of Caucus events and to ensure Caucus members have the facts and information on issues of importance to California’s sportsmen and women.
Bill graduated from the University of California at Davis with a B.S. in Agricultural and Managerial Economics in 1980.
Bill earned an MBA from Golden Gate University in 1990, graduating second in his class.
Some Accolades
Some Accolades
Working in an industry where there are few awards to be had, Bill has received many. Below is a list of some of them:
2008 - Asked by the White House to join President George W. Bush in the signing of critical federal legislation and to discuss issues of concern to our nation’s outdoorsmen and women.
1997 - At White House request, spoke
Working in an industry where there are few awards to be had, Bill has received many. Below is a list of some of them:
2008 - Asked by the White House to join President George W. Bush in the signing of critical federal legislation and to discuss issues of concern to our nation’s outdoorsmen and women.
1997 - At White House request, spoke prior to President Clinton at the dedication of the
Yolo Wildlife Area in 1997.
- Given the “Lifetime Achievement Award” by the California Bowmen Hunters/State Archery Association in May 2023.
- Awarded a “Certificate of Recognition” for his “30 Years of Dedication to Wildlife Conservation and Outdoor Recreation” by now Congressman Kevin Kiley in October 2022.
- Received the “Above and Beyond” Award from the California Chapter of the Wild Sheep Foundation in April 2019.
- Presented the national “Conservationist of the Year” Award by the Conservation Force in February 2019.
- Given the “Californian of the Year” Award by the Outdoor Writers Association of California in April 2014.
- Presented the “Communicator of the Year” Award by the California Forestry Association in January 2013.
- Presented the “J. Martin Winton Award” from the Grasslands Resources Conservation District in 2000.
Our Clients in Conservation
Our Partners in Conservation
