BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  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