Bill Text: CA SB132 | 2013-2014 | Regular Session | Chaptered
Bill Title: Mountain lions.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-09-06 - Chaptered by Secretary of State. Chapter 208, Statutes of 2013. [SB132 Detail]
Download: California-2013-SB132-Chaptered.html
BILL NUMBER: SB 132 CHAPTERED
BILL TEXT
CHAPTER 208
FILED WITH SECRETARY OF STATE SEPTEMBER 6, 2013
APPROVED BY GOVERNOR SEPTEMBER 6, 2013
PASSED THE SENATE AUGUST 26, 2013
PASSED THE ASSEMBLY AUGUST 19, 2013
AMENDED IN ASSEMBLY JUNE 24, 2013
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE APRIL 10, 2013
INTRODUCED BY Senator Hill
(Principal coauthors: Assembly Members Gordon and Mullin)
JANUARY 25, 2013
An act to add Section 4801.5 to the Fish and Game Code, relating
to mountain lions.
LEGISLATIVE COUNSEL'S DIGEST
SB 132, Hill. Mountain lions.
Proposition 117, an initiative measure approved by the voters at
the June 5, 1990, statewide direct primary election, enacted the
California Wildlife Protection Act of 1990. The act establishes that
the mountain lion is a specially protected mammal under the laws of
this state, and makes it unlawful to take, injure, possess,
transport, import, or sell any mountain lion or any part or product
thereof. The act authorizes the Department of Fish and Wildlife, or a
specified appropriate local agency authorized by the department, to
remove or take any mountain lion that is perceived to be an imminent
threat to public health or safety or that is perceived by the
department to be an imminent threat to the survival of certain sheep
species. Under the act, mountain lions that are authorized to be
taken are required to be taken by the most effective means available,
except a taking by certain designated means is prohibited.
This bill would require nonlethal procedures, as defined, to be
used when removing or taking any mountain lion that has not been
designated as an imminent threat to public health or safety, as
defined. The bill would authorize the department, as the department
determines is necessary to protect mountain lions or the public, to
authorize qualified individuals, educational institutions,
governmental agencies, or nongovernmental organizations to implement
nonlethal procedures.
The California Wildlife Protection Act of 1990 prohibits the
Legislature from changing the act, with specified exceptions, except
by a 4/5 vote of the membership of both houses of the Legislature and
then only if consistent with, and in furtherance of, the purposes of
the act.
This bill would declare that it is consistent with, and furthers
the purposes of, that act.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4801.5 is added to the Fish and Game Code, to
read:
4801.5. (a) Unless authorized in this chapter, nonlethal
procedures shall be used when removing or taking any mountain lion
that has not been designated as an imminent threat to public health
or safety.
(b) For purposes of this chapter, "imminent threat to public
health or safety" means a situation where a mountain lion exhibits
one or more aggressive behaviors directed toward a person that is not
reasonably believed to be due to the presence of responders.
(c) For purposes of this chapter, "nonlethal procedures" means
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.
(d) The department may, as the department determines is necessary
to protect mountain lions or the public, authorize qualified
individuals, educational institutions, governmental agencies, or
nongovernmental organizations to implement nonlethal procedures on a
mountain lion in accordance with subdivision (a).
SEC. 2. The Legislature finds and declares that the provisions of
this act are consistent with, and further the purposes of, the
California Wildlife Protection Act of 1990.
