BILL ANALYSIS �
SB 132
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Date of Hearing: July 2, 2013
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Anthony Rendon, Chair
SB 132 (Hill) - As Amended: June 24, 2013
SENATE VOTE : 39-0
SUBJECT : Mountain Lions
SUMMARY : Requires nonlethal means to be used when removing a
mountain lion that is not an imminent threat to public health or
safety, and authorizes the Department of Fish and Wildlife (DFW)
to partner with other qualified entities to implement the
nonlethal procedures. Specifically, this bill :
1)Requires nonlethal procedures to be used when removing or
taking any mountain lion that has not been designated as an
imminent threat to public health or safety. Defines "imminent
threat" to mean a situation where a mountain lion exhibits
aggressive behavior toward a person that is not reasonably
believed to be due to the presence of responders. Defines
"nonlethal procedures" as procedures that may include, but are
not limited to, capturing, pursuing, anesthetizing,
temporarily possessing, temporarily injuring, marking,
attaching to or surgically implanting monitoring or
recognition devices, providing veterinary care, transporting,
hazing, rehabilitating, releasing, or taking no action.
2)Authorizes the DFW, as they determine necessary to protect
mountain lions or the public, to authorize qualified
individuals, educational institutions, governmental agencies,
or nongovernmental organizations to implement nonlethal
procedures, as defined, on a mountain lion.
3)States legislative findings that the provisions of this bill
are consistent with, and further the purposes of, the
California Wildlife Protection Act of 1990.
EXISTING LAW :
1)Makes it unlawful to take, injure, possess, transport, import
or sell any mountain lion or any part or product thereof, with
limited exceptions. (Proposition 117, 1990 Statewide
Initiative).
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2)Requires a 4/5ths vote of the Legislature to amend Proposition
117, and requires that any amendment be in furtherance of the
purpose of the initiative.
3)Authorizes the possession of a legally obtained mountain lion
carcass for display for a scientific or educational purpose
at a nonprofit or government owned museum or educational
institution.
4)Authorizes DFW to approve scientific research projects
involving mountain lions.
FISCAL EFFECT : According to the Senate Appropriations
Committee analysis, minor costs.
COMMENTS : The California Wildlife Protection Act (Proposition
117), which was enacted by the voters through a statewide ballot
initiative in 1990, protects mountain lions from being hunted or
killed. The mountain lion, whose scientific name is Puma
concolor, is California's largest remaining natural predator,
and is recognized as a keystone species that plays an integral
role in maintaining the balance of wildlife populations and the
overall health of the state's natural ecosystems. The law
provides exceptions that allow for the killing of a mountain
lion that poses an immediate threat to public health or safety,
and for depredating lions that are found injuring crops or
livestock.
This bill has been introduced in part in response to recent
incidents involving the killing of juvenile mountain lions that,
in hindsight, were determined not to have been posing a threat
to public health or safety. In one particular incident in
November 2012, two mountain lion cubs found hiding under a porch
in a suburb near a state park in Half Moon Bay were killed by
the DFW, after which it was determined that the malnourished
cubs were only about 4 months old and weighed less than 15
pounds apiece, which is about the size of an average house cat.
The DFW, in their defense, pointed out that the law lacks
clarity with regard to the state's authority to partner with
qualified rehabilitation facilities that could care for the
lions until such time as they could be released back into the
wild. This bill would provide that authority. The use of
nonlethal means, including tranquilizing and subsequent
rehabilitation and potential release, would be required only in
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those cases where the lion has not been determined to pose an
immediate threat to public health or safety.
Following the incident in Half Moon Bay, the DFW released a new
draft policy on March 1, 2013 to update and improve existing DFW
policy and, in part, to address how to more effectively manage
and respond to human/mountain lion interactions. The draft
policy proposes creation of Response Guidance Teams (RGTs) 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 contains additional training and
communication requirements.
The draft DFW policy for responding to mountain lion incidents
involving potential human conflict situations calls for the RGT
to be consulted by responding personnel and for non-lethal
options for removing or taking the animal, including possible
rehabilitation, to be explored. Assistance could be sought from
nongovernmental organizations (NGOs). Under the policy,
potential human conflict situations would remain subject to
immediate re-classification as public safety threats as
necessary, 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 DFW's existing
authority. However, the DFW believes it requires additional
authority to implement the new policy related to mountain lion
rehabilitation and working with NGOs.
Purpose of this bill - protecting mountain lions and public
safety : The author has introduced this bill to provide the DFW
with the necessary tools to use nonlethal means to deal with
mountain lions that do not pose an immediate threat to humans,
while preserving the DFW's clear authority to kill mountain
lions that do pose such an imminent threat. This bill also
authorizes the DFW to partner with nonprofit groups and other
qualified entities that have relevant wildlife expertise to
assist the DFW in responding to mountain lion incidents that do
not pose an imminent threat.
Is the population of mountain lions in California increasing ?
According to the available data, while there is considerable
uncertainty regarding the current population of mountain lions
in California, it is generally believed by most mountain lion
biologists that the statewide population is smaller today than
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it was 10 years ago, primarily due to habitat loss. Based on
depredation data maintained by the DFW, the population is
believed to have peaked in 1996, decreased somewhat after that,
and remained relatively stable or decreasing for the past
several years. Most mountain lion biologists estimate the
current population at about 4,000 lions statewide. The DFW
estimates the population at between 4,000 and 6,000 animals,
though they acknowledge this is a crude estimate. Depredation
data maintained by the DFW appears to corroborate the belief
that the population is lower today than 10 years ago and
dropping. Both the numbers of depredation permits issued, and
the number of lions killed pursuant to depredations permits were
lower in 2011 than in 1990 when the law protecting mountain
lions was enacted. In 1990, 193 depredation permits were
issued. The number of permits peaked in 1995 at 331, and
dropped to 116 in 2011. Similarly, the number of lions killed
pursuant to depredation permits was 71 in 1991, peaked at 148 in
2000, and dropped to 55 in 2011. While it may appear that the
number of mountain lions has increased based on the frequency of
reported sightings, the number of sightings is likely due at
least in part to the significant increase in the human
population in California, and the associated increase in
development which has encroached into the urban/wild land
interface, while available mountain lion habitat has been
reduced. Development and related infrastructure also frequently
cut across wildlife corridors, which can lead to increased
human/wildlife interactions.
How frequent are mountain lion attacks on humans ? Mountain lion
attacks on humans are rare. Mountain lions feed predominantly
on deer, but may also prey on other animals. Since 1986 there
have been 14 verified attacks on humans, 3 of which were fatal.
Reports of mountain lion predation on small pets and livestock
are more common. The Department documents several hundred
incident or sighting reports per year. According to the DFW,
the vast majority of these reports (79 percent) are resolved by
providing information about the natural history and behavior of
mountain lions. Another 18 percent are legitimate threats posed
by mountain lions that can be resolved by modifying human
behavior. As noted above, in 2011, the most recent year for
which data is available, 116 depredation permits were issued,
under which 55 mountain lions were taken. The Mountain Lion
Foundation estimates that since the passage of Proposition 117
in 1990, 2,400 mountain lions have been killed in California as
a result of the issuance of depredation permits, and 139 have
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been killed for public safety reasons.
Note : This bill requires a 4/5ths vote of the Legislature for
passage since it amends Proposition 117. Amendments to
Proposition 117 by its own terms require a 4/5ths vote and must
be consistent with and in furtherance of the purposes of the
initiative.
Support Arguments : Supporters note this bill will assure
protection of mountain lions that have caused no harm and do not
pose an imminent threat, and whose only mistake is to have
accidentally wandered into contact with humans, while providing
the DFW with the authority to partner with qualified entities
that can assist in resolving mountain lion encounters through
non-lethal means. Other supporters note the public supports the
use of nonlethal methods for addressing human and wildlife
conflicts when feasible and consistent with public safety. By
clarifying what constitutes an imminent threat and authorizing
the DFW to work with qualified organizations that can assist
with rehabilitation and relocation where appropriate, this bill
will assist in protecting mountain lions and the public.
Supporters also include organizations that provide wildlife
rehabilitation services and have offered to assist the DFW in
implementing its new draft policy.
Opposition Arguments : Amendments adopted in the Senate removed
all registered opposition.
REGISTERED SUPPORT / OPPOSITION :
Support
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.
Folsom City Zoo Sanctuary
In Defense of Animals
Mountain Lion Foundation
Oakland Zoo
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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
Over 1,000 individuals
Opposition
None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096