BILL ANALYSIS �
AB 1784
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Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 1784 (Monning) - As Introduced: February 21, 2012
SUBJECT : Mountain Lions; Scientific Research
SUMMARY : Authorizes the Department of Fish and Game (DFG) to
authorize scientific research projects on mountain lions.
Specifically, this bill :
1)Authorizes DFG to authorize qualified individuals, educational
institutions, and governmental or nongovernmental
organizations to conduct scientific research on mountain
lions, where the projects are designed to do the following:
a) Contribute to knowledge of natural wildlife
ecosystems;
b) Minimize disruption and movement of mountain lions
and other wildlife and impacts to habitat;
c) Support the sustainability and survivability of
mountain lion populations and healthy ecosystems;
d) Do not include the intentional injury or killing of
mountain lions.
2)Requires that authorized research projects shall be governed
by a memorandum of understanding (MOU) between DFG and the
authorized research entity that addresses specified issues,
including trapping and anesthetizing of animals, collection of
diagnostic samples, attachment of monitoring devices, and
veterinary care or euthanasia as required for the health,
safety and humane treatment of the animals. The MOU shall
also address the qualifications of onsite field supervisors
and progress reports which shall be made publicly available.
3)Requires DFG to notify the public of authorized mountain lion
research projects at least 30 days prior to initiation and to
make copies of the MOU available to the public upon request.
4)Requires that mountain lion capture and handling procedures
used for mountain lion research be consistent with trapping
restrictions imposed by existing law. Requires the reporting
of any mortality or injury to a mountain lion occurring as a
result of authorized research to be handled consistent with
existing reporting requirements for take of mountain lions for
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public safety or depredation purposes.
5)Provides that a research authorization may be revoked at the
discretion of DFG or the Fish and Game Commission.
6)States legislative findings and declarations that this bill is
consistent with and furthers the purposes of the California
Wildlife Protection Act of 1990, under which mountain lions
are a protected species.
7)Contains an urgency clause providing that it is necessary for
this bill to take effect immediately in order to allow the
continuation of critical ongoing scientific research on
mountain lions.
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 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.
FISCAL EFFECT : Unknown
COMMENTS : This bill provides a narrow exemption to the 1990
Mountain Lion Initiative (Proposition 117) that will allow for
scientific research projects on mountain lions to be approved by
DFG. Proposition 117 protects mountain lions from being hunted
or killed in California, and makes it unlawful to take, injure,
possess, transport, or sell a mountain lion. For 20 years after
the passage of the initiative, DFG continued to authorize
scientific research projects involving mountain lions, but in
2011 a new legal analysis of the initiative prompted DFG to
conclude that it does not have the authority to issue permits
for scientific research on mountain lions, as it had previously
been doing. The initiative expressly authorizes the take of
mountain lions that pose an imminent threat to public safety, or
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lions that are involved in the depredation of livestock, but
does not specifically authorize handling of mountain lions for
scientific research purposes. Although a separate code section
authorizes DFG to issue permits for scientific research, it is
unclear whether that section applies in the context of mountain
lions protected under the initiative statute. The inability of
researchers to obtain authorization from DFG has halted the
continuation of mountain lion research in the state, other than
what limited research DFG may be engaged directly in conducting.
This bill is necessary to authorize continuation of ongoing and
new scientific research projects on mountain lions. The
University of California has been one of the primary
institutions involved in mountain lion research in California,
and continuation of the University's work in this area is on
hold pending a resolution of this issue. Any amendment to
Proposition 117 requires a 4/5ths vote of the Legislature, and
must be in furtherance of the purpose of the initiative.
Support Arguments : Supporters emphasize the importance of
mountain lion research which benefits both mountain lions and
human safety by improving understanding of lion behaviors and
movement patterns. Scientific research is also important in
better understanding the roles of apex predators like lions in
the ecosystem, and the dynamics of predator prey relationships
between mountain lions and other species such as bighorn sheep.
REGISTERED SUPPORT / OPPOSITION :
Support
Animal Rescue Team
Defenders of Wildlife
Felidae Foundation, Bay Area Puma Project
Feline Conservation Center
Mountain Lion Foundation
Ojai Wildlife League
Public Interest Coalition
Sierra Club California
The Nature Conservancy
Opposition
None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
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319-2096