BILL ANALYSIS �
-----------------------------------------------------------------
| |
| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
| |
-----------------------------------------------------------------
BILL NO: AB 1784 HEARING DATE: June 12, 2012
AUTHOR: Monning URGENCY: Yes
VERSION: June 6, 2012 CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Mountain lions.
BACKGROUND AND 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.
PROPOSED LAW
AB 1784 would amend Prop 117 as follows:
1. It would authorize DFG to grant qualified individuals,
educational institutions, and governmental or nongovernmental
organizations permission to conduct scientific research on
mountain lions if the research does all of the following;
a) contributes to knowledge of natural wildlife ecosystems;
b) minimizes disruption and movement of mountain lions and other
wildlife and impacts to habitat;
1
c) supports the sustainability and survivability of mountain
lion populations and healthy ecosystems;
d) prohibits the intentional injury or killing of mountain
lions.
2. In addition, research projects would be required to meet
specified recordkeeping and other requirements which address all
of the following:
a) the capture, anesthetization, veterinary medical care, humane
treatment, and other conditions as specified in the bill or
otherwise required in the permit;
b) tracking all negative impacts on mountain lions and other
wildlife;
c) the qualifications of onsite personnel, at least one of which
has one year of experience with the research
conditions contained in the bill;
d) annual and final reporting requirements.
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 any injury or death of a mountain lion from a
research project be reported consistent with Prop 117.
5. 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.
ARGUMENTS IN SUPPORT
The author and supporters, many of whom are the leading mountain
lion researchers in California, contend that the bill emphasizes
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 such as that between mountain lions
and other species such as bighorn sheep.
2
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
This bill is substantially the same as the version approved in
the Assembly with only minor changes. It 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 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
Animal Rescue Team
Defenders of Wildlife
Felidae Foundation, Bay Area Puma Project
Feline Conservation Center
Mountain Lion Foundation
Humane Society of the United States
3
Ojai Wildlife League
Public Interest Coalition
Sierra Club California
The Nature Conservancy
Several individuals
OPPOSITION
None Received
4