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 lion that has not been designated as an imminent threat to public health or safety, as defined. The bill would authorize the departmentbegin delete or an appropriate local agency to partner withend deletebegin insert, as the department determines is necessary to protect mountain lions or the public, to authorizeend insert qualified individuals, educational institutions, governmental agencies, or nongovernmental organizations to implement nonlethal procedures.
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) Unless authorized in thisbegin delete sectionend deletebegin insert chapterend insert, nonlethal
4procedures shall be used when removing or taking any mountain
5lion that has not been designated as an imminent threat to public
6health or safety.
7(b) For purposes of thisbegin delete sectionend deletebegin insert chapterend insert, “imminent threat to
8public health or safety” means a situation where a mountain lion
9
exhibits one or more aggressive behaviors directed toward a person
10that is not reasonably believed to be due to the presence of
11responders.
12(c) For purposes of thisbegin delete sectionend deletebegin insert chapterend insert, “nonlethal procedures”
13means procedures that may include, but are not limited to,
14capturing, pursuing, anesthetizing, temporarily possessing,
15temporarily injuring, marking, attaching to or surgically implanting
16monitoring or recognition devices, providing veterinary care,
17transporting, hazing, rehabilitating, releasing, or taking no action.
18(d) Thebegin delete department, or an appropriate local agency with public
19
safety responsibility authorized by the department, may partner
20withend delete
21to protect mountain lions or the public, authorizeend insert qualified
22individuals, educational institutions, governmental agencies, or
P3 1nongovernmental organizations to implement nonlethal procedures
2on a mountain lion in accordance with subdivision (a).
The Legislature finds and declares that the provisions
4of this act are consistent with, and further the purposes of, the
5California Wildlife Protection Act of 1990.
O
96