BILL ANALYSIS Ó 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 ----------------------------------------------------------------- |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. SB 132 Page 2 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 SB 132 Page 3 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 SB 132 Page 4 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 Page 5