BILL ANALYSIS �
SB 132
Page 1
SENATE THIRD READING
SB 132 (Hill)
As Amended June 24, 2013
4/5 vote
SENATE VOTE :39-0
WATER, PARKS & WILDLIFE 15-0
APPROPRIATIONS 16-0
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|Ayes:|Rendon, Bigelow, Allen, |Ayes:|Gatto, Harkey, Bigelow, |
| |Bocanegra, Dahle, Fong, | |Bocanegra, Bradford, Ian |
| |Frazier, Beth Gaines, | |Calderon, Campos, Eggman, |
| |Gatto, Gomez, Gonzalez, | |Gomez, Hall, Holden, |
| |Gray, Patterson, Yamada, | |Linder, Pan, Quirk, |
| |Williams | |Wagner, Weber |
| | | | |
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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.
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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).
2)Requires a four-fifths 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 Assembly Appropriations
Committee, ongoing General Fund costs of approximately $110,000
to DFW for training, staffing, and entering into agreements with
qualified individuals and organizations. DFW issued bulletin
2013-02 on March 1, 2013, updating the policies and procedures
for the mountain lion program. This bill is consistent with
that policy. DFW currently has the authority to implement all
provisions of the bill except the authorization to rehabilitate
mountain lions and enter into agreements with specified others.
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
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livestock.
This bill has been introduced in part in response to 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 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 those cases where the lion
has not been determined to pose an immediate threat to public
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 and 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
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authority to implement the new policy related to mountain lion
rehabilitation and working with NGOs.
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.
This bill requires a four-fifths vote of the Legislature for
passage since it amends Proposition 117. Amendments to
Proposition 117 by its own terms require a four-fifths vote and
must be consistent with and in furtherance of the purposes of
the initiative.
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.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0001688
SB 132
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