BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 132 (Hill) - Mountain lions.
          
          Amended: April 10, 2013         Policy Vote: NR&W 9-0
          Urgency: No                     Mandate: No
          Hearing Date: May 23, 2013      Consultant: Marie Liu
          
          SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
          
          
          Bill Summary: SB 132 would require that nonlethal procedures be  
          used when removing any mountain lion 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  
          harm.

          Fiscal Impact: Minor costs.

          Background: Proposition 117, also known as the California  
          Wildlife Protection Act of 1990, makes it unlawful to take,  
          injure, possess, transport, import, or sell any mountain lion or  
          any part or product thereof with certain exemptions. One  
          exception allows the Department of Fish and Wildlife (DFW) or an  
          authorized local public safety agency to "remove or take" any  
          mountain lion that presents an imminent threat to public safety  
          or certain species (FGC �4801). Proposition 117 may be amended  
          by the Legislature with a 4/5 vote if the amendments are  
          consistent with, and in furtherance of, the purposes of the act.  


          DFW released a new draft policy on March 1, 2013 that updates  
          and improves existing policy on how to manage and respond  
          human/mountain lion interaction. The draft policy includes a  
          process to be followed when there is "potential human conflict"  
          with a mountain lion. "Potential human conflict" is defined in  
          the policy as a situation where a mountain lion is found in an  
          unusual location and/or is demonstrating unusual behavior that  
          could reasonably be perceived as having the potential to cause  
          severe injury or death to humans. This is a situation that may  
          exist before a lion becomes an actual public safety threat. 

          The process begins with a consultation with a Response Guidance  
          Team (RGT) to explore non-lethal options for removing or taking  








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          the animal including using tranquilizer darts, taxer, rubber  
          bullets, pepper spray, or catch pole and cage. The plan also  
          expresses the desire to allow the RGT to request assistance from  
          qualified non-governmental organization (NGO). If the mountain  
          lion is captured, it may be relocated, placed in an approved  
          facility, or rehabilitated. Much of the draft policy is within  
          DFW's existing authority with the exception of the authority for  
          DFW to work with NGOs and mountain lion rehabilitation. 

          Proposed Law: This bill would require DFW to use nonlethal  
          procedures, such has hazing, rehabilitating, and transporting,  
          when removing a mountain lion perceived to be an imminent threat  
          to public health or safety. DFW would be authorized to partner  
          with NGOs to implement nonlethal procedures. This bill would  
          also require DFW to prepare a wildlife incident report when any  
          direct action is taken on a mountain lion and for these reports  
          to be compiled in an annual report to the Legislature.

          Staff Comments: DFW believes that this bill would necessitate a  
          0.5 PY Associate Governmental Program Analyst to maintain  
          agreements with NGOs that would be approved to assist with  
          mountain lion situations and to complete the bill's reporting  
          requirements. Combined with warden and laboratory staff overtime  
          for increased response time and training, DFW indicates on-going  
          staffing costs of approximately $57,000 annually. 

          DFW estimates $118,000 in on-going costs for training, regular  
          equipment replacement, and overhead.

          DFW also anticipates one-time equipment costs, mostly for  
          anesthetizing and hazing equipment.

          Staff notes that this bill is consistent with a draft policy  
          that was recently released by DFW. Most of the costs anticipated  
          by DFW seem more attributable to the new policy and previously  
          existing practices rather than the limited expanded authority  
          granted by this bill. As such, it is unclear whether all the  
          implementation costs estimated by DFW should be attributed to  
          this bill. Staff is unaware of any budget request associated  
          with the release of the new policy.

          Proposed Author Amendments: Delete the requirement for DFW to  
          submit a wildlife incident report for any actions taken against  
          a mountain lion and delete annual report to the Legislature.








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