BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 132
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          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             |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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


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