BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 132|
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THIRD READING
Bill No: SB 132
Author: Hill (D), et al.
Amended: 5/24/13
Vote: 32
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 4/9/13
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Mountain lions
SOURCE : Author
DIGEST : This bill requires that nonlethal procedures, as
defined, be used when removing or taking a mountain lion that
has not been designated as an imminent threat to public health
or safety, as defined.
ANALYSIS :
Existing law:
1.Manages, under The Department of Fish and Wildlife
(department), California's diverse fish, wildlife, and plant
resources, and the habitats upon which they depend, for their
ecological values and for their use and enjoyment by the
public. In 1990, California voters passed Proposition 117 -
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the California Wildlife Protection Act of 1990 (act). Among
its provisions, the act established that California's mountain
lions are a "specially protected species" and barred hunting
them.
2.Allows the department or an authorized local public safety
agency to "remove or take" any mountain lion that presents an
imminent threat to public safety or to certain species.
Additionally, depredation permits can be issued to take a
specific lion known to attack and injure or kill livestock or
pets.
This bill:
1.Requires that nonlethal procedures, as defined, be used when
removing or taking a mountain lion that has not been
designated as an imminent threat to public health or safety.
2.Defines "imminent threat to public health or safety" means a
situation where a mountain lion exhibits one or more
aggressive behaviors directed toward a person that is not
reasonably believed to be due to the presence of responders.
3.Defines "nonlethal procedures" to include capturing, pursuing,
anesthetizing, marking, transporting, hazing, relocating,
providing veterinary care to and rehabilitating mountain
lions, among other actions.
4.Requires that nonlethal procedures be used when removing or
taking a 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.
5.Authorizes the department to partner with non-governmental
agencies to implement nonlethal procedures.
6.Requires the department to prepare an annual wildlife incident
report involving lethal or nonlethal action taken against
mountain lions and provide it to the Fish and Game Commission
and the Legislature.
Background:
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In late November 2012, two sibling mountain lion cubs were
observed in a Half Moon Bay neighborhood near a state park. The
lions were ultimately shot when local deputies and department
game wardens were unable to "shoo them" away. Subsequent
necroscopies showed that the lions were four months old,
starving, and unlikely to survive in the wild without their
mother. There was considerable press coverage of this event
accompanied by public concern over killing animals that posed no
imminent threat to public safety.
Following this incident, the department released a new draft
policy on March 1, 2013. The draft policy is intended to update
and improve existing policy and, in part, to address, how to
more effectively manage and respond to anticipated future
increase in human/mountain lion interactions. The draft policy
creates Response Guidance Teams (RGT) of specified personnel to
provide consultation when "potential human conflict" or public
safety situations involving mountain lions occur. The draft
policy retains the existing process for issuing depredation
permits and there are also additional training and communication
requirements.
In "potential human conflict" situations, the new stepwise
process for mountain lion incidents calls for the RGT to be
consulted by responding personnel and non-lethal options for
removing or taking the animal, including possible
rehabilitation, explored. Assistance could be sought from
nongovernmental organizations (NGOs). "Potential human
conflict" lions would always remain subject to immediate
re-classification as public safety threats and eligibility for
rehabilitation would be limited to lions that were not public
safety or depredation threats. Much of the draft policy depends
upon the department's existing authority. However, the
department believes it requires additional authority to
implement the new policy related to mountain lion rehabilitation
and working with NGOs.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Maximum one-time costs of $185,000 from the Fish and
Game Preservation Account (special fund) for equipment and
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overhead.
Maximum on-going costs of $175,000 from the Fish and
Game Preservation Account for staffing, training and
overhead.
SUPPORT : (Verified 5/24/13)
Action for Animals
American Society for the Prevention of Cruelty to Animals
Animal Rescue Team
Born Free USA
Earth Island Institute
Felidae Conservation Fund
Feline Conservation Center of the Exotic Feline Breeding
Compound, Inc.
Mountain Lion Foundation
Oakland Zoo
Ojai Wildlife League
Paw PAC
Planning and Conservation League
Project Coyote
Public Interest Coalition
Sierra Club California
Sierra Nevada Alliance
The Humane Society of the United States
The Marin Humane Society
Wildlife Emergency Services
ARGUMENTS IN SUPPORT : According to the author, this bill
"provides the department with the necessary tools to deal with
wayward mountain lions that do not pose an immediate threat to
humans. The legislation still provides the department with the
authority to kill mountain lions if the lion can reasonably be
expected to cause immediate death or physical harm to humans."
The Mountain Lion Foundation states "this legislation is long
overdue and its passage is essential in assuring the protection
of mountain lions that have caused no harm, and whose only
mistake is to have accidentally wandered into contact with
humans." They continue that the bill "acknowledges the fiscal
realities facing our state and assists the department by
providing it with the necessary authority to partner with
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qualified individuals, educational institutions, governmental
agencies, or nongovernmental organizations to assist in
resolving mountain lion encounters."
The Humane Society of the United States adds "recent events have
made all too clear the public's desire to see non-lethal
approaches to human conflicts with mountain lions pursued
whenever feasible. By clarifying the issue of 'imminent
threat,' specifying the circumstances where lethal action is
appropriate, authorizing the department to work with qualified
nongovernmental organizations (and others), and allowing the
rehabilitation and relocation of lions as appropriate, SB 132
would be a significant advance."
Additionally, numerous supporters describe their expertise at
wildlife rehabilitation and relocation and offer assistance to
the department in implementing its new draft policy.
RM:ej 5/25/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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