Bill Text: CA SB132 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 132	AMENDED
	BILL TEXT

	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, as amended, 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  perceived to
be an imminent threat to public health or safety unless the mountain
lion can reasonably be expected to cause immediate death or physical
harm   that has not been designated as an imminent
threat to public health or safety, as defined  . The bill would
authorize the department or an appropriate local agency to partner
with qualified individuals, educational institutions, governmental
agencies, or nongovernmental organizations to implement nonlethal
procedures.  The bill would require the department to prepare
a wildlife incident report for the Fish and Game Commission when any
direct action is taken on a mountain lion, as specified, and would
require the commission to submit an annual written report to the
Legislature, as prescribed. 
    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.
   Vote: 4/5. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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)  Nonlethal   Unless authorized
in this section, nonlethal  procedures shall be used when
removing or taking any mountain lion  perceived to be an
imminent threat to public health or safety unless the mountain lion
can reasonably be expected to cause immediate death or physical harm
  that has not been designated as an imminent threat to
public health or safety  . 
   (b) For purposes of this section, "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. 

   (b) 
    (c)  For purposes of this section, "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.

   (c) 
    (d)  The department, or an appropriate local agency with
public safety responsibility authorized by the department, may
partner with qualified individuals, educational institutions,
governmental agencies, or nongovernmental organizations to implement
nonlethal procedures on a mountain lion in accordance with
subdivision (a). 
   (d) (1) The department shall prepare a wildlife incident report
for the commission when any direct action, lethal or nonlethal, is
taken on a mountain lion pursuant to this chapter. The commission
shall compile wildlife incident reports prepared by the department,
and prepare and submit an annual written report to the Legislature no
later than January 15 following the year in which an incident
occurred.  
   (2) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.

  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.