BILL NUMBER: AB 1784 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 26, 2012
AMENDED IN SENATE JUNE 6, 2012
INTRODUCED BY Assembly Member Monning
FEBRUARY 21, 2012
An act to add Section 4810 to the Fish and Game Code, relating to
mountain lions, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1784, as amended, Monning. Mountain lions.
Proposition 117, an initiative measure approved by the electors at
the June 5, 1990, direct primary election, enacted the California
Wildlife Protection Act of 1990. The act establishes that the
mountain lion is a specially protected mammal under the laws of this
state, and makes it unlawful to take, injure, possess, transport,
import, or sell any mountain lion or any part or product thereof. The
act establishes certain exemptions from that prohibition. The act
prohibits the Legislature from changing the act, with specified
exceptions, except by a 4/5 vote of the membership of both houses of
the Legislature and then only if consistent with, and in furtherance
of, the purposes of the act.
This bill would authorize the Department of Fish and Game to
authorize qualified individuals, educational institutions,
governmental agencies, or nongovernmental organizations to conduct
scientific research involving mountain lions that meets specified
requirements, pursuant to a scientific collector's permit
Scientific Collecting Permit , as defined. The
bill would find and declare that the amendments made by the bill are
consistent with, and further the purposes of, the act.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 4/5. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4810 is added to the Fish and Game Code, to
read:
4810. (a) As used in this section:
(1) "Authorized research project" means a research project
involving mountain lions subject to a scientific collector's
permit Scientific Collecting Permit issued in
accordance with this section.
(2) "Permitholder" means a person to whom the department has
issued a scientific collector's permit
Scientific Collecting Permit in accordance with this section.
(3) "Scientific collector's permit"
"Scientific Collecting Permit" or "permit" means a permit
issued pursuant to Section 1002 for a research project involving
mountain lions in accordance with this section.
(b) The department may authorize qualified individuals,
educational institutions, governmental agencies, or nongovernmental
organizations to conduct scientific research involving mountain lions
pursuant to a scientific collector's permit
Scientific Collecting Permit as provided in Section 1002.
(c) The department may authorize permitholders to pursue, capture,
temporarily possess, temporarily injure, mark, attach to or
surgically implant monitoring or recognition devices in, provide
veterinary care to, and transport, mountain lions, or any part or
product of a mountain lion.
(d) Notwithstanding In addition to the
requirements in Section 1002, an authorized research project
shall be designed to do the following:
(1) Contribute to the knowledge of natural wildlife ecosystems.
(2) Minimize disruptions in the lives and movements of mountain
lions and other wildlife, as well as impacts to mountain lion or
other wildlife habitat, while maintaining the permitholder's research
objectives.
(3) Directly or indirectly support the sustainability and survival
of mountain lion populations and healthy ecosystems.
(4) Prevent the permanent injury or killing of any mountain lion.
(e) An authorized research project shall be governed by the
scientific collector's permit Scientific
Collecting Permit . The permit shall include, at a minimum,
proposed research methods and recordkeeping procedures that address
the following:
(1) The capture of, anesthetization of, collection of diagnostic
samples from, and transport of, mountain lions or parts and products
thereof, and the attaching to or surgically implanting monitoring or
recognization devices or markings in, and providing veterinary care
as required for the health, safety, and humane treatment of, animals
affected by the research project.
(2) The recording of the adverse effects of authorized research
procedures on mountain lions and other wildlife.
(3) The qualifications of onsite personnel necessary for carrying
out authorized research procedures. A permit applicant shall submit
verifiable documentation demonstrating that at least one onsite staff
person has at least one year of experience in proposed research
methods that involve activities described in subdivision (c).
(4) Annual and final reports to the department.
(f) The department shall notify the public at least 30 days prior
to the issuance of a permit, and, upon request, shall make available
to the public copies of the permit and annual and final reports.
(g) The department shall handle any mortality or permanent injury
to a mountain lion as a result of research authorized pursuant to
this section in a manner consistent with the reporting and processing
requirements imposed in Section 4807.
SEC. 2. The Legislature finds and declares that the amendments
made by this act are consistent with, and further the purposes of,
the California Wildlife Protection Act of 1990.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to allow the continuation of critical ongoing scientific
research involving mountain lions, a specially protected mammal, it
is necessary that this act take effect immediately.