BILL ANALYSIS Ó
AB 1784
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1784 (Monning)
As Amended June 26, 2012
4/5 vote. Urgency
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|ASSEMBLY: |72 - |(May 3, 2012) |SENATE: |36-0 |(June 28, |
| |0 | | | |2012) |
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Original Committee Reference: W., P. & W.
SUMMARY: Authorizes the Department of Fish and Game (DFG) to
authorize scientific research projects involving mountain lions.
The Senate amendments :
1)Clarify that the scientific research permits for mountain lion
research shall be issued pursuant to an existing provision of
law authorizing issuance of scientific collecting permits.
2)Define the terms "authorized research project,"
"permitholder," and "scientific collecting permit" for
purposes of this bill.
3)Provide that the research project shall be governed by the
scientific collecting permit, instead of a memorandum of
understanding, and require the permit to include, at a
minimum, proposed research methods and recordkeeping
requirements that address specified issues. Require the
permit applicant to document that they have at least one
onsite staff person with at least one year of experience in
the proposed research methods.
4)Clarify that DFG 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.
5)Remove the ability of DFG or the Fish and Game Commission to
revoke authorization of the scientific collecting permit at
their discretion.
6)Make other technical changes.
AB 1784
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EXISTING LAW :
1)Makes it unlawful to take, injure, possess, transport, import
or sell any mountain lion or any part or product thereof, with
limited exceptions (Proposition 117, 1990 Statewide
Initiative).
2)Requires a four-fifths vote of the Legislature to amend
Proposition 117, and requires that any amendment be in
furtherance of the purpose of the initiative.
3)Authorizes the possession of a legally obtained mountain lion
carcass for display for a scientific or educational purpose at
a nonprofit or government owned museum or educational
institution.
AS PASSED BY THE ASSEMBLY , this bill authorized DFG to authorize
scientific research on mountain lions. The research project
would be conducted pursuant to a memorandum of understanding
that addressed specified issues. The amendments added in the
Senate are primarily clarifying.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill provides a narrow exemption to the 1990
Mountain Lion Initiative (Proposition 117) that will allow for
scientific research projects on mountain lions to be approved by
DFG. Proposition 117 protects mountain lions from being hunted
or killed in California, and makes it unlawful to take, injure,
possess, transport, or sell a mountain lion. For 20 years after
the passage of the initiative, DFG continued to authorize
scientific research projects involving mountain lions, but in
2011 a new legal analysis of the initiative prompted DFG to
conclude that it does not have the authority to issue permits
for scientific research on mountain lions, as it had previously
been doing. The initiative expressly authorizes the take of
mountain lions that pose an imminent threat to public safety, or
mountain lions that are involved in the depredation of
livestock, but does not specifically authorize handling of
mountain lions for scientific research purposes. This bill,
because it amends Proposition 117, an initiative measure
approved by the voters, requires a four-fifths vote of the
Legislature for passage. The inability of researchers to obtain
authorization from DFG has halted the continuation of mountain
AB 1784
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lion research in the state, other than what limited research DFG
may be engaged directly in conducting. This bill is necessary
to authorize continuation of ongoing and new scientific research
projects on mountain lions. The University of California has
been one of the primary institutions involved in mountain lion
research in California, and continuation of the University's
work in this area is on hold pending a resolution of this issue.
Any amendment to Proposition 117 requires a four-fifths vote of
the Legislature, and must be in furtherance of the purpose of
the initiative.
Supporters emphasize the importance of mountain lion research
which benefits both mountain lions and human safety by improving
understanding of lion behaviors and movement patterns.
Scientific research is also important in better understanding
the roles of apex predators like mountain lions in the
ecosystem, and the dynamics of predator prey relationships
between mountain lions and other species such as bighorn sheep.
There is no known opposition to this bill.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0004293