BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 769|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
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                                    CONSENT


          Bill No:  SB 769
          Author:   Fuller (R), et al
          Amended:  4/25/11
          Vote:     4/5 - Urgency

           
           SENATE NATURAL RESOURCES AND WATER COM.  :  9-0, 4/26/11
          AYES:  Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe, 
            Padilla, Simitian, Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Mountain lions:  display or exhibition

           SOURCE  :     Author


           DIGEST  :    This bill establishes an exemption for the 
          possession of a mountain lion carcass or any part or 
          product of a mountain lion carcass, if the carcass or 
          carcass part or product is prepared or being prepared for 
          display or exhibition, for a bona fide scientific or 
          education purpose, at a nonprofit or government-owned 
          museum generally open to the public or at an educational 
          institution, if the mountain lion was taken in California 
          consistent with the requirements of the California Wildlife 
          Protection Act of 1990 and any other applicable law and was 
          provided to the museum or educational institution by the 
          Department of Fish and Game.

           ANALYSIS  :    In 1990, California voters passed Proposition 
          117 the California Wildlife Protection Act of 1990 (CWPA).  
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          Among its provisions, the CWPA established that 
          California's mountain lions are a "specially protected 
          species" and barred their hunting.  Under the CWPA, 
          mountain lions may be killed under the following 
          circumstances only:

                 If a depredation permit is issued to take a 
               specific lion known to attack and injure or kill 
               livestock or pets.
                 To preserve public safety.
                 To reduce the threat to endangered Bighorn sheep.

          This bill:

          1. Updates the genus to "puma".

          2. Allows legally-possessed mountain lion carcasses or 
             parts thereof provided by the Department of Fish and 
             Game (DFG) to be prepared for display or exhibition for 
             scientific or education purposes at a non-profit or 
             government-owned museum or at an educational 
             institution, including public or private postsecondary 
             ones.

          3. Declares these amendments are consistent with and 
             further the purposes of the California Wildlife 
             Protection Act of 1990.

           Background
           
          The CWPA only permits the possession and sale of mountain 
          lions and mountain lion parts obtained prior to its 
          passage.  All other mountain lion carcasses must be turned 
          over to the DFG.

          Although the population estimate is uncertain, roughly 
          4,000 - 6,000 mountain lions are thought to live in 
          California.  Annually, about 110 mountain lions are legally 
          killed on average with the following breakdown:

                 97 under depredation permits (45 percent of the 218 
               permits issued, based on 20 years of data).
                 Nine to protect public safety (based on 2001 - 2008 
               data).

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                 Two to protect Bighorn sheep through the Sierra 
               Sheep program (based on 10 years of data).  

          Further, an unknown number of mountain lions are killed 
          annually by motor vehicles.

           Comment
           
          Due to the provisions of the California Wildlife Protection 
          Act of 1990, this bill requires a 4/5s vote for passage.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No


          CTW:do  5/10/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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