California SB 1397

Proposition 117, an initiative measure approved by the voters at the June 5, 1990, statewide primary election, enacted the California Wildlife Protection Act of 1990. The act classifies the mountain lion as 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 take of mountain lions under limited circumstances, including by authorizing the Department of Fish and Wildlife, or an 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. Existing law permits 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, which are defined as procedures that may include, among other things, capturing, pursuing, or hazing mountain lions. Existing law permits the department to authorize qualified individuals, educational institutions, governmental agencies, or nongovernmental organizations to conduct scientific research involving mountain lions pursuant to a scientific collecting permit, as specified. This bill would require the department, contingent upon an appropriation by the Legislature, to maintain, enhance, and expand its human-mountain lion conflicts program in a specified region of the state in order to protect public health and safety, including by exercising its authority to authorize nonlethal procedures. The bill would require the department to continue and expand its scientific research effort to develop and evaluate methods to deter mountain lions from entering communities and to prevent habituation to humans. In implementing these programs, the bill would require the department to engage in specified public outreach activities in a specified region of the state. The bill would repeal these provisions on January 1, 2033. The bill would require the department to prepare and submit a report to the Legislature on or before October 1, 2031, describing these programs, the results of the programs, the number of department personnel involved in the programs, and recommendations to further improve the programs to protect human health and safety. The bill would require the Director of Fish and Wildlife, when requested, to appear before the appropriate policy or budget committees of the Assembly and Senate to provide a status update on the programs. The California Wildlife Protection Act of 1990 prohibits the Legislature from changing the act, with specified exceptions, except by a 45 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.