SB 132, as amended, Hill. Mountain lions.
Proposition 117, an initiative measure approved by the voters at the June 5, 1990, statewide 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 authorizes the Department of Fish and Wildlife, or a specified appropriate local agency authorized by the department, to remove or take any mountain lion that is perceived to be an imminent threat to public health or safety or that is perceived by the department to be an imminent threat to the survival of certain sheep species. Under the act, mountain lions that are authorized to be taken are required to be taken by the most effective means available, except a taking by certain designated means is prohibited.
This bill would require nonlethal procedures, as defined, to be used when removing or taking any mountain lionbegin delete perceived to be an imminent threat to public health or safety unless the mountain lion can reasonably be expected to cause immediate death or physical harmend deletebegin insert that has not been designated as an imminent threat to public health or safety, as definedend insert. The bill would authorize the department or an appropriate local agency to partner with qualified individuals, educational institutions, governmental agencies, or nongovernmental organizations to implement nonlethal procedures.begin delete The bill would require the department to prepare a
wildlife incident report for the Fish and Game Commission when any direct action is taken on a mountain lion, as specified, and would require the commission to submit an annual written report to the Legislature, as prescribed.end delete
The California Wildlife Protection Act of 1990 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 declare that it is consistent with, and furthers the purposes of, that act.
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 4801.5 is added to the Fish and Game
2Code, to read:
(a) begin deleteNonlethal end deletebegin insertUnless authorized in this section,
4nonlethal end insertprocedures shall be used when removing or taking any
5mountain lionbegin delete perceived to be an imminent threat to public health begin insert that has not been
6or safety unless the mountain lion can reasonably be expected to
7cause immediate death or physical harmend delete
8designated as an imminent threat to public health or safetyend insert.
9(b) For purposes of this section, “imminent threat to public
10health or safety” means a situation where a mountain lion exhibits
11one or more aggressive behaviors directed toward a person that
12is not reasonably believed to be due to the presence of responders.
13(b)
end delete
14begin insert(c)end insert For purposes of this section, “nonlethal procedures” means
15procedures that may include, but are not limited to, capturing,
16pursuing, anesthetizing, temporarily possessing, temporarily
17injuring, marking, attaching to or surgically implanting monitoring
18or recognition devices, providing
veterinary care, transporting,
19hazing, rehabilitating, releasing, or taking no action.
P3 1(c)
end delete
2begin insert(d)end insert The department, or an appropriate local agency with public
3
safety responsibility authorized by the department, may partner
4with qualified individuals, educational institutions, governmental
5agencies, or nongovernmental organizations to implement nonlethal
6procedures on a mountain lion in accordance with subdivision (a).
7(d) (1) The department shall prepare a wildlife incident report
8for the commission when any direct action, lethal or nonlethal, is
9taken on a mountain lion pursuant to this chapter. The commission
10shall compile wildlife incident reports prepared by the department,
11and prepare and submit an annual written report to the Legislature
12no later than January 15 following the year in which an incident
13occurred.
14(2) A report to be submitted pursuant to paragraph (1) shall be
15submitted in compliance with Section 9795 of the Government
16Code.
The Legislature finds and declares that the provisions
18of this act are consistent with, and further the purposes of, the
19California Wildlife Protection Act of 1990.
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