Loading...
HomeMy WebLinkAboutMINUTES - 03051996 - D5 t D. 5 TO: BOARD OF SUPERVISORS Contra �;• f ... . FROM: SUPERVISOR JIM ROGERS Costa s �9•,,...'T�'L; .',A4O� County DATE: February 29, 1996 f°sT9 COUNT ` SUBJECT: BALLOT PROPOSITION 197 - TO ALLOW THE RESUMPTION OF HUNTING OF MOUNTAIN LIONS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position IN OPPOSITION TO Proposition 197, which would again allow the hunting of mountain lions, as well as any other efforts to reinstitute the hunting of mountain lions in California. BACKGROUND: Proposition 117, an initiative measure approved by the voters at the June 5, 1990, primary election, enacted the California Wildlife Protection Act of 1990. Among other things, the act made the mountain lion a specially protected mammal. The act prohibits the Legislature from changing the special protection of mountain lions except by a 4/5 vote of the membership of both houses of the Legislature and then only consistent with, and in furtherance of, the purposes of the act. Senator Tim Leslie introduced SB 28 in 1995. SB 28 was finally passed by both houses of the Legislature and signed into law by the Governor. SB 28 initially passed the Senate June 1, 1995 by a vote of 26:10. The bill passed the Assembly by a vote of 44:30 on September 15, 1995. The Senate concurred in the Assembly amendments on September 15, 1995 by a vote of 26:8. The bill was signed into law by the Governor on October 12, 1995. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR COMMITTEE APPROVE OTHER SIGNATURE(S): .ISM ROGERS ACTION OF BOARD ON March 5, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT 3 ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: 3 ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED March 5, 1996 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: SUP RS AND COUNTY ADMINISTR R See Page 3 BY Y As enacted, SB 28 (Chapter 779, Statutes of 1995), which was placed on the March 26, 1996 ballot as Proposition 197, does the following: �Ik Authorizes the Legislature to amend or repeal provisions of the California Wildlife Protection Act of 1990 that regulate the taking, injury, possession, transporting, importing or sale of the mountain lion by a majority vote of the membership of both houses of the Legislature. Restores the ability of the Fish and Game Commission to adopt regulations relating to mountain lions that supersede statutory provisions for not more than 12 months and requires the Commission to regulate mountain lions. Requires the Department of Fish and Game to carry out the regulations of the Commission and manage mountain lions in the same manner as it carries out other regulations of the Commission and manages mammals that are not rare, endangered, or threatened. �Ik Requires the Department of Fish and Game to prepare, submit to the Commission for approval, and implement a mountain lion management plan that promotes health and safety protection and protection for property and other wildlife species and that implements the general policy of the State to encourage the preservation, conservation, and maintenance of wildlife resources under the jurisdiction and influence of the State. �Ik Appropriates $250,000 per year for the next three fiscal years and $100,000 a year thereafter to pay the costs of preparing and implementing the mountain lion management plan. �Ik Authorizes the Department of Fish and Game, once the mountain lion management plan is approved by the Commission, to remove or take one or more mountain lions that are perceived to be an imminent threat to public health or safety or livestock anywhere in the State, except in the State park system. �Ik Authorizes the Department of Fish and Game, once the mountain lion management plan is approved by the Commission, to authorize any of the following to remove or take one or more mountain lions that are perceived to be an imminent threat to public health or safety or livestock anywhere in the State, except in the State park system: ✓ an appropriate governmental agency with public safety responsibility, or ✓ an appropriate governmental agency with wildlife management responsibility, or ✓ a land owner. �Ik Within the State park system, authorizes the Department of Fish and Game, or those governmental entities which are authorized by the Department, once the mountain lion management plan is approved by the Commission, to remove or take one or more mountain lions perceived to be an imminent threat to public health or safety only with the concurrence of the State Department of Parks and Recreation. -2- The opponents of Proposition 197 make the following points: ❑ Proposition 197 would allow the Department of Fish and Game to reinstitute "sport" mountain lion hunting in California. ❑ Between 1916 and 1971, in excess of 12,000 mountain lions were killed for bounties or for sport in California. ❑ The California Grizzly Bear, which is now extinct, was placed on the State flag as a reminder of our need to protect native wildlife. ❑ The gorgeous, tawny mountain lion is a living symbol of the State's beautiful wildlife and vanishing wilderness. ❑ Mountain lions are killed by being tracked by hounds until, finally exhausted and terrified, they are shot and killed at point-blank range. ❑ Mountain lions are peaceful, shy animals who have only attacked humans on 10 occasions in the last 105 years, generally because of human encroachment onto their territory. ❑ Proposition 197 is not about public safety, but is an effort by the National Rifle Association, the Safari Club and the Gun Owners of California to bring back this cruel sport for their bounty-hunting pleasure. cc: Sierra Club California Political Committee c/o Lawrence Fahn, Counselor at Law 540 Pacific Avenue San Francisco, CA 94133 County Administrator Sheriff-Coroner Fish and Wildlife Committee (Via Community Development Director) -3- D6 )F 1995 1995-1996 REGULAR SESSION Ch. 779 rade se_- FISH AND GAME—PROTECTED WILDLIFE—MOUNTAIN LIONS rency b i a� nay in CHAPTER 779 I below, .ed u on S.B. No. 28 a�by AN ACT to amend Sections 2786, 2787,4800,4801, and 4806 of,and to add Section 4801.5 to, the Fish ra— 1 flan and Game Code, and to amend Section 8 of the California Wildlife Protection Act of 1990, urs first. relating to wildlife. exem t -ed by an [Approved by Governor October 12, 1995.1 Within [Filed with Secretary of State October 12, 1995:1 ring the LEGISLATIVE COUNSEL'S DIGEST ibited by SB 28, Leslie. Wildlife: mountain lions. irgaining Relations (1). Proposition 117,-.an initiative measure approved by..the.electors..at:the June 5, 1990, primary election, enacted the California Wildlife Protection Act of 1990: -Among other things, the act made the mountain lion a specially protected mammal. The act prohibits the 4 of the Legislature from changing the special protection of that mammal except by a % vote of the eratiye..if membership of both houses of the Legislature and then only consistent with, and; in each dill furtherance of; the purposes of the act. enacted ections 1, This bill, which would take effect upon approval by the voters, would authorize the Legislature to amend or repeal provisions of that act that regulate the.taking, injury; vernment possession, transporting;-importing, or sale of the mountain lion .by, a.majority-vote of the both bills .membership of both houses of.the Legislature. ls:Section (2) Existing law authorizes the Fish.-and Game Commission to adopt regulations that nend.,that supersede.statutory provisions for not more than 12 months from the effective date, but.the 1.7-of.this act exempts the regulation of mountain lions from that provision of law. ivernment This bill, ,which would .take effect upon, approval by the voters, would remove that if (1) all exemption.and would require the commission to regulate mountain lions in accordance with three bills certain .specified provisions.of existing law and would require the Department of Fish and 38'and AB Game to carry out.the regulations:of the commission and manage those mammals in the same manner as it carries out other regulations of the commission and manages mammals that are not rare, endangered, or threatened. The bili would, pursuant to those regulations, require :e addition the department to prepare,. submit to the commission for approval; and implement a mountain .olely with -lion management plan that promotes health and safety protection and protection for property on-July 1, and other wildlife species and that implements the general' policy of the statetoencourage all remain the preservation,.conservation, and maintenance-of wildlife resources under the jurisdiction 3; :or both. and influence'of the state. The bill'would provide for related matters.`. . cle XIII B (3) Under the act, the Controller.is required to annually transfer 10%. of the funds in the cl agencies Unallocated Account in the Cigarette and Tobacco Products Surtax Fund to the Habitat cts, within Conservation Fund. Also; under the act, the Controller- is required to annually transfer $30,000,000 to the Habitat Conservation Fund from the General Fund, less any amounts of Article transferred from the Unallocated Account and other accounts and funds. Existing law cal.agency continuously_ appropriates the Habitat Conservation Fund, for specified purposes. The bill a' crime or would continuously appropriate from the Habitat Conservation Fund to the department a sum of Section not-to exceed $250,000 for the 1996-97, 1997-98, and 1998-99.fiscal years,.and.a sum not to neaning of exceed $100,000 for each fiscal year thereafter, to pay the costs of preparingand implement- ing the mountain lion management plan. ecified; the ;:r ekes effect (4) the'ad authorizes the department to remove or take anymountain lion, or authorize an appropriate local agency with public safety responsibility to remove or take'any mountain lion, that is.perceived to be an imminent threat to public health or safety. Additions or changes indicated by.underline; deletions by asterisks * .* 4731 DS Cha. 779 STATUTES OF 1995 This.bill would, additionally, after the plan described in (2) is submitted to, and approved i by, the commission, authorize the department to remove or take, or to authorize its designee, Iincluding, but not limited to, an appropriate governmental agency with public safety responsi- bility, an appropriate governmental agency with wildlife management responsibility, or an owner of land to remove or take, one or more mountain lions that are perceived to be an 4 imminent threat to public health or safety or livestock anywhere in the state, except in the state park system. Within the state park system, the bill would authorize the department, or those governmental entities which are authorized by the department, to remove or take one or more mountain lions perceived to be an imminent threat to public health or safety. ' (5) The bill would provide for its submittal to the voters for their approval at the March 26, 1996, direct primary election. The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares, as follows: (a) It is appropriate for the Legislature and the Department of Fish and Game to act prudently to address the needs of our changing society. California's complex and ever- 1 changing population requires that the department and the Legislature respond to emergen- cies and exigencies to safeguard the health and safety of the people of the state and to l balance the needs of the people with the necessity to preserve the wildlife and its habitat for the enjoyment of the people. 1 (b) The wildlife species known as the mountain lion is the only specially protected mammal in the State of California; the mountain lion species is neither threatened nor endangered in the State of California; and the management of mountain lions by the Department of Fish and Game is prohibited by the passage of Proposition 117 by the voters in June, 1990. (c) The presence of mountain lions pose a threat to people, pets, and livestock, as evidenced f by the dramatic-increase in the number of life-threatening and life-taking confrontations i between mountain lions and people, including at least two confirmed.'deaths from mountain 1 lion attacks in the past 12 months. ff (d) The increase in mountain:lion sightings and incidents in residential.areas has caused 1 ! great concern for the safety and.well-being of rural.and.suburban.residents, including small l children. (e) Wildlife authorities have determined that sightings and incidents involving mountain ° 6 lions and people will continue to increase. i (f) The escalating loss of life and cost of injury to people, pets, and livestock caused by t mountain lions has resulted, and will continue to result; in.increased expenditures by public safety agencies. (g) Proposition 117 mandates the expenditure.of nine hundred million taxpayer dollars at a i rate of.thirty million dollars per year for thirty years, none,of which_ is used to protect,people or manage mountain lions. n a i1 (h) In order to maintain a healthy population.and.to minimize:confrontations:with humans e and livestock, it is necessary.to prepare: and implement:scientifically sound management plans. (, `. SEC. 2. Section 2786 of the Fish and Game Code is amended to read: s: r; _ } 2786. Except as otherwise expressly provided in paragraph (3) of subdivision (a) of i{ Section 2787, the money in the-Habitat Conservation Fund, which is hereby created, shall be used for the following purposes:. P (a) The acquisition of habitat, including native oak woodlands, necessary to protect deer and mountain lions. w; (b) The acquisition of habitat.to protect rare, endangered, threatened, or fully protected species. r,${ (c)-The acquisition of habitat to further implement the Habitat Conservation Program pursuant to Article 2 (commencing with Section 2721) excepting Section 2722 and.subdivision 'tl t;! (a) of Section 2723, and Sections 2724 and 2729. c; {};; (d) The acquisition, enhancement, or restoration of wetlands. r; 4732 Additions or changes indicated by underline; deletions by asterisks • '" F 1995 1995-1996 REGULAR SESSION Ch. 779, § 4 proved (e) The acquisition, restoration, or enhancement of aquatic habitat for spawning and !signee, rearing of anadromous salmonids and trout resources. �sponsi- (f) The acquisition, restoration, or enhancement of riparian habitat. or an (g) The preparation and implementation of a mountain lion management plan pursuant to be an Section 4800. in the lent, or SEC. 3. Section 2787 of the Fish and Game Code is.amended to_read: ike one 2787. Notwithstanding Section 13340 of the Government Code, the money in the fund is safety. continuously appropriated, without regard to fiscal years, as follows: arch 26, (a) To the Department of Parks and Recreation, four million five hundred thousand dollars ($4,500,000) annually for allocation as follows: (1) One million five hundred thousand dollars ($1,500,000) for projects that are located in the Santa Lucia Mountain Range in Monterey County for expenditure by the Department of Parks and Recreation and for grants to the Monterey Peninsula Regional Park District. to act (2) One million dollars ($1,000,000) for acquisitions in, and adjacent to, units of the state d ever- park system. aergen- (3) Two million dollars ($2,000,000) for 50 percent matching grants to local-agencies for and to projects meeting the purposes specked in Section 2786 and, additionally, for the acquisition of Rat for wildlife corridors and urban"trails, nature interpretation programs, and other programs which bring urban residents into park and wildlife areas. The grants made pursuant to this iammal subdivision are subject to the.conditions'of subdivision (d) of Section,5910, and Sections 5917 ;eyed in and 5919, .of the Public Resources Code, as nearly'as may be practicable. of-Fish (b) To the State Coastal Conservancy, four million dollars ($4,000,000) annually. 1990. (c) To the Santa Monica Mountains Conservancy, five million dollars ($5,000,000) annually idenced for the next 10 fiscal years, commencing with the 1990-91 :fiscal year. The money shall be stations used for the purposes specified in Section 2786 for wildlife habitat, and for related open-space :ountain projects, within the Santa Monica Mountains Zone, the,Rim of the Valley Corridor, and the E: Santa:Clarita Woodlands. .Of the total amount appropriated pursuant to this subdivision, not . caused less than a.total of ten million dollars ($10,000,000). shall b.e, spent within-the Santa Susana tg small Mountains and the Simi Hills,. and not less than a total of ten million dollars ($10,000,000) shall be spent within the Santa Clarita Woodlands. These funds shall be expended in .ountain accordance with Division 23 (commencing with Section 33000) of the Public Resources Code during the operative period of this section as specified in.subdivision (f) and in Section 2797. The Legislature may, by statute, extend the period for expenditure"of the funds provided by zsed by this subdivision. Y public (d) To the California Tahoe Conservancy; five hundred thousand dollars ($500,000) annual- ly. . ars ata - ..(e) To the department to pay.the costs:of preparing and implementing the mountain lion t.people management plan pursuant to Section 4800, a sum not to exceed two hundred fifty thousand dollars"($250,000) foreach of the 1996-97, 1997-98, and 1998-99 fiscal years, and a suns not,to humans 'exceed one hundred thousand dollars ($100,000) for each fiscal year thereafter. Itis also the agement intent of the Legislature that an amount.not to exceed two hundred fifty thousand dollars ($250,000) be appropriated annually from a source or sources other than the fund for pub_ lic safety and public information programs related to mountain lions. .1 (a) of (f) To the board, the balance. of the fund. shall be * * *(g) The amendments to this section, as approved by the voters at the March 26, 1996, ; primary election, shall become operative on March 27, 1996. This section shall * * * remain ect deer in effect until July 1; 2020, and as of that:date is repealed, unless a later enacted statute, which becomes effective on or before IJuly 1, 2020,-deletes or extends that date. rotected SEC. 4. Section 4800 of the Fish and Game Code is amended to read: 4800. (a) The commission shall regulate the mountain lion (genus Felis) * * * pursuant to ?rogram Chapter 2 (commencing with Section 200) of Division 1, and the department shall carry out division the regulations of the commission and manage those mammals in the same manner as is carries out other regulations of the commission and manages other mammals that are not rare, endangered, or threatened species under the laws of.this-state- Additions hisstate.Additions or changes indicated by underline; deletions by asterisks 4 733 ' f' Ch. 779, § 4 STATUTES OF 1995 i (b) Pursuant to subdivision (a), the department shall prepare, submit to the commission for approval, and implement a mountain lion management plan that promotes health and safety 1. protection and protection for livestock, domestic animals, other property, and other wildlife species and that implements Section 1801. The plan shall identify zones based on the department's estimates of mountain lion densities developed from the best information available to the department. The department shall designate the zones that are priority zones where the removal of individual mountain lions to protect public safety, livestock, domestic animals, other property, and other wildlife species has not alleviated threats. In designating priority zones, the department may consider, based on the best information j available to the department, where the mountain lion population is depleting other wildlife species or where the mountain lion population may cause any of the following: (1) the .i extinction of threatened or endangered species; (2) mountain lion depredation of livestock ` and domestic animals; or (3) a threat to public health and safety. The taking of a mountain lion that is attacking an individual member of a wildlife species other than threatened or endangered species shall not be authorized based on that act alone. Except as otherwise .11!i provided in this chapter,the department shall not manage, regulate, or take mountain lions in l; a.priority zone, as provided in this section or Section 4801, unless there is a plan for that zone ' and the department makes a finding that managing, regulating, or taking mountain lions is i) consistent with the plan for that zone and maintains a viable mountain.lion population in that zone. 44. (c) It is unlawful to.take, injure, possess, transport,import, or sell any mountain lion or any part.or product thereof, except. as specifically provided in this chapter, in Chapter 2 (commencing with Section 2116) of Division 3, or as prescribed in regulations of the t prohibit the sale or possession of any mountain lion or commission. This chapter does no any part or product thereof,when:the owner can demonstrate that the mountain lion,or part Iii: or product-thereof, was in.the.person's possession on June 6, 1990. ( Any violation of this section is a misdemeanor punishable by imprisonment in the county jail:for not more than one year, or a fine of not more than ten thousand dollars ($10,000),'or by both that fine andimprisonment. An individual is not guilty, of a violation of this section if it is demonstratedthat, in taking or injuring a mountain lion, the individual was i acting in self-defense or in defense of others. (e) In the case of conflict between this chapter and the California Endangered Species Act, Chapter 1.5 (commencing with Section 2050) of Division 3, the California Endangered Species Act shall-prevail. SEC. 5. Section 4801. of the Fish and Game Code is amended to read:: 4801. The department may remove or take * *, or authorize its designee, including, but 1 not limited to, an appropriate governmental agency with public safety responsibility, an appropriate governmental agency.with wildlife management responsibility, or an owner of ;i land, to-remove or take, one.or more e.mountain lions that are perceived to be an imminent a. threat to public health or safety or livestock anywhere in the state.except within the state i park system. Within .the state park system, the'department,may`remove or take, or �j authorize an appropriate governmental.agency with public safety responsibility or an appro- I priate governmental agency with wildlife management responsibility.to remove or take ;; '• one or more mountain * * * lions that are perceived-to be an imminent threat to public i� health or safety only with the concurrence of the Department of Parks and Recreation. SEC. 6. Section 4801.5 is added to the Fish and Game Code, to read: 4801.5. Prior to submittal .to, and approval by, the commission of the plan required pursuant to subdivision (b) of Section 4800, the department may remove or take any mountain 14, lion, or authorize an appropriate local agency with public safety responsibility to remove or take any mountain lion, that is perceived to be an imminent threat to public health or safety. 7 > SEC. T Section 4806 of the Fish and Game Code is amended to read: 4806. Any person who has captured, injured, or killed a mountain lion within a priority zone identified in a .mountain lion management plan under Section 4800 or who has been issued a permit pursuant to Section 4803 or 4805 shall report, b telephone within 24 hours p p p � Y p the capturing, injuring, or killing of any mountain lion to an office of the department or, if 47M edditinn� nr rhannec indicated by underline: deletions by asterisks * * * u..J S OF 1995 1995-1996 REGULAR SESSION Ch. 7799 § 10 .mission for telephoning is not practicable, in writing within five days after the capturing, injuring, or and safety killing of the mountain lion. At the time of making the,report of the capturing, injuring,.or her wildlife killing, the person authorized to take the mountain lion under a mountain lion management 3ed on the plan approved pursuant to Section 4800 shall make the remains of the mountain lion available information for inspection to department personnel upon their request pursuant to regulations adopted by "Lre priority the. commission and the holder of the permit under Section 4803 or 4805 shall make livestock, arrangements to turn over the mountain lion or the entire carcass of the mountain lion which hreats. In has been recovered to a representative of the department and shall do so in a timely manner. information ier wildlife SEC. 8. Section' 8 of the California Wildlife Protection Act of 1990, as added by g: (1) the Proposition 117,.an initiative measure approved by the electors at the June 5, 1990, primary ►f livestock election, is amended to read: t mountain . Sec. 8. Except for amendments of subdivisions (c) and (g) of Section 2787 and.subdivision �atened or (d) of Section 2796 of the Fish and.Game Code to extend the operative effect of those sections otherwise. and amendments of Section 3950.1 and.Chapter.10 (commencing with Section 4800) of Part 3 ain lions in of Division 4.,of the;Fish and,Game:.Code,.,which,may be enacted by.statute enacted by the r that zone Legislature, this act shall be amended only,by a-statute approved by, a vote of.four-fifths of tin lions is the members .of both houses of the Legislature: Except for amendments.of Section,3950.1 ;ion in that and,Chapter l0.(commencing with Section 4800).of.Part 3 of Division 4 of the Fish arid'Game Code, any amendment of this act shall be. consistent with, and further.the purposes of,;this lion or any act, except the,_Legislature shall not.reallocate the-.funds allocated.by Sections 2787.and 2788 Chapter 2 of the Fish and Game Code, change the expenditure requirements.of Section 2791 of'.the:Fish ns of the and Game Code,:or change the transfers of'funds.required by. Sections 2795 and 2796 of the ish Gane. Code. ain lion or F.. , )n, or part.. SEC. 9. Sections l:to 8,.:inclusive,:of this-act affect an initiative statute:and shall,,be come effective only.when submitted to, and..approved by, the yoters;,pursuant-to.subdivisioh:(c).'of mt in the Section 10.of,Article Il of the.California Constitution nd dollars SEC. 10 ; .(a).Notwithstanding.Sections 9040; 9043, 9044,,.9061, and;9.094 of,the Elections I� iolation of Code or any other provision of law„Senate:Bill:.28-of:the.l995=96. Regular.:Session;sha11be 4” vidual was :.,submitted to,the.voters at:the March 2G,:1996,,direct.primary election. (b)..The Secretary of State. shall ,ensure .the:placement of.Senate. Bill- 28..of_the-.1995-96 Regular Session on the March 26;. 1996, .direct primary election ballot, in substantial ►ecies Act, compliance;with;.any_statutory..time.:requirements applicable.to.the,submission of statewide A Species .measures. to the voters at a.statewide election.;: (c) Notwithstanding Section 9051:of the Elections Code, the Attorney:,General shall prepare and return to the Secretary of State a ballot title for.Senate Bill 28 of the 1995-96 ,iding;but Regular Session as expeditiously as possible, but not later than.two days after the effective ibility, an date of this act. owner of (d) Notwithstanding Section 9087 of the .Elections Code, the Legislative Analyst shall imminent prepare an impartial analysis of Senate Bill 28 of the 199546 Regular Session as expeditious- the state ly as possible, but not later than five days after the effective date of this act, and the analysis take, or shall.not be submitted to a review committee. an,appro- (e) The.Secretary of State'shall include, in the ballot pamphlet mailed pursuant to Section fke * * *L 9094 of the Elections Code, the information specked in Section 9084 of the Elections Code to public regarding Senate Bill 28 of the 1995-96 Regular Session. ecreation. If that inclusion is not possible, the Secretary of State_shall publish a supplemental ballot pamphlet regarding that legislative bill to be mailed with the ballot pamphlet. If the i required supplemental ballot pamphlet cannot be mailed with the ballot pamphlet, the supplemental mountain ballot pamphlet shall, notwithstanding.Section 9094 of the Elections Code,be mailed at least emove or 14 days before the election. or safety. .(f)(1) Notwithstanding any other provision of law, all ballots of the election shall have printed thereon', in. a square, the words: ."Amendment of the California Wildlife Protection a riorit Act of 1990." In the same square, below the words, all ballots shall contain the following has. been words in 8-point type: "This act authorizes the Legislature to manage mountain lions to has, the people and resources of California." Opposite the square, there shall be spaces 4 or;hourss;i left in which the voters may place a cross in the manner required by law to indicate whether they vote for or against the measure. Addifinne nr rhonn a inrlir2Yad by rrnderfine deletions by asterisks 1 Ob Ch, 779, 10STATUTES OF 1995 (2) Where voting is done by means of voting machines used pursuant to law in the manner that carries out the intent of this section that Senate Bill 28 of the 1995-96 Regular Session be properly placed before, and duly considered by, the voters at the March 26, 1996, direct primary election, the. use of. the voting machines are in compliance with this section. >s JERRY AVALOS 15107786004 P'. 02 March.4, 1996 To: Contra Costa County Supervisors , From: Jerry Rva las Re: Proposition 197 Mountain Lions I have received a phone call informing me that,the board will take a vote deciding whether to support the Mountain Lion proposition. You may need to know some facts on Mountain Lions • Mountain Lions have killed a female jogger in El Dorado County and another woman in San Diego County • Mountain Lions have killed nearly$2 million in livestock. • Mountain Lions have killed over 500,000 wild deer. • Dogs and other small pets have become a food source for lions who live on the edge of population centers. • Children have been mauled by Mountain Lions in State Parks. • Frequent 911 calls regarding Mountain Lion sightings have become a drain on law enforcement agencies. • Mountain Lions have been found in:San Bernardino County's Montclair Plaza Shopping Mall,a Dern County school yard,aqd in Orange County parks. Mountain Lions regularly jump fences to devour pets in foothill communities. • There are more Mountain Lions in the last 10 years than there have been in 50 years_ Mountain Lions are prolific breeders and the predator to prey ratio is way out of balance. Wild eyed animal rights extremists are purposely misinforming the public by telling them that 197 will allow hunting the cats into extinction and that there is no problem. This is an outright lie, 197 merely proposes studying the problem and puts management under the supervised authority of the Department of Fish and Game for proper control. Do you really think Fish and Game would allow uncontroiled hunting to extinction? The animal rights activists are insulting our intelligence_ There is a problem and there are too many Mountain Lions,we are not supposed to be seeing them,but hunters I talk to tell me they see them all the time. 10 years ago,one rarely encountered them in the wild. Two years ago at Black Diamond Mine Park here in East County while on my mountain bike alone, E JERRY AVALOS 15107786004 P. 03 I encountered a Mountain Lion on a fire road. Those were tense and frightening moments,luckily the cat merely hissed at me and took off. Just in the month of January in Southern California of this year,an equestrian Was attacked by a Mountain Lion and survived the attack,the person notified a park ranger who in turn investigated the incident at the sight where the alleged attack took place,he himself encountered the cat and was forced to shoot it because the cat attacked him,before he was attacked he noticed lie was being stalked! Mountain Lions have become a dangerous problem and do not let anyone tell you otherwise. Parks are supposed to safe place where the public goes for recreation,especially children,instead they have become place where Park Rangers caution tourists because of Mountain Lions, Based on my personal experience,i support this. Please support Proposition 197. JERRY AVAEOS 15107786004 P. 04 CALIFORNIANS FOR Balanced Wildlife Management Propositioni 197 Amendment of the Wildlife Protection. Act of 1990 Mountain 1,ions This much needed amendment to the Wildlife Protection Act of 1990 will bring public safety and sound science back to the wildlife management practices of the state by allowing the state's largest predator to be managed in conjunction with all other species, including those upon which it preys : Specifically,this measure will: • Require the State Department of Fish and Game to study the mountain lion species to better understand its needs and habits. : • Require the Department to then prepare and propose to the State Fish and Game Commission a management plan for the lions that provides for the protection and sustainability of mountain lions and other species as well as the necessary public safety protections that are not currently being provided for under Proposition 117. There are no specific management tools specified by this act. • Require that the management plan adopted by;the Fish and Game Commission through the public hearing process be carried out by th0 Department. • Reallocate to the Department of Fish and Gam$from the Habitat Conservation fund $250,000 annually for the first three years to cgmplete the study of the mountain lions, and then up to$100,000 annually thereafter for; the implementation of the mountain lion management plan. • Return the legislative vote requirements relating to mountain lion policy to a simple majority from the current four-fifths vote to make it consistent with other state policy vote requirements. • Declares the Legislature's intent that up to$250,000 be appropriated annually for public safety and public information programs related to mountain lions. O ' CALIFORNIANS FOR BALANCED WKVL1FE MANAGEMENT 910 SUNRISE AVENUE,SUITE Al-334 R05EVILLE,CA 95661 (916)783-8837 JERRY AVALos 15107786004 P_ 0i5 CIALIFORNIAl45 F Q R Balanced Wodo fe janagement Proposition 197: Managing the California Mountain Lion 0 Since the mountain lion received its".specially protected mammal" status in 1990, the lion population has more than doubled. O The number of lion sightings in Los Angeles, Orange, and San Diego counties has increased dramatically since Prop. 117 banned the management of the mountairi lion population. Lion sightings now occur daily. 4 By prohibiting all proactive management techniques, the only current strategy for lion population growth is to issue depredation permits which specifically call for the killing of the offending lion after the damage has already been done. The increased number of permits illustrates the serious nature of mountain lion population growth. O As a result of their unchecked population growth, lions are now forced to search for food in new areas. They are now regular visitors in foothilP suburbs and small rural cities. O In the last two years, lions have eaten over 500,000 wild deer and consumed nearly$2,000,000 in livestock. This is not to mention the countless small pets killed around the state in recent years by these predators. O The California mountain lion's hunting practices are placing endangered species such as the Big Horn Sheep at serious risk in the state. O Proposition 197 will permit the Department of Fish and Game to develop a plan to limit the population of California's largest predator--the mountain lion. O The Department of Fish and Game is a respected agency when it comes to managing animal species. Prop. 197 would give this agency the tools it needs to limit the dangerously high number of lions in California. O Proposition 197 is supported by a broad coalition of(ion victim organizations, ranchers, farmers, conservation groups, recreational groups, and environmental groups including the California Farm Bureau; the California Chamber of Commerce; the California Cattlemen's Association; and the California Woolgrowers Association. d Prop. 187 was placed on the March, 1996 ballot by the L$gislature on September 15, 1995. The vehicle for placing it on the ballot was SB 28, which was passed the Assembly on a bi-partisan 44-30 vote and the Senate 26-8. O If passed by the voters, Proposition 187 will change the legislative vote requirement to change Prop. 117 from a 415 majority to a simple majority on policy issues, jest like every other piece of legislation dealing with state policy. O Half of California lands are considered prime mountain lion territory, Lions live in most of California's 58 counties. V CALIFORNIANS FOR BALANCED WILDLIFE MANACEMENT 910 SUNRISE AVENUE, SUITE Al-334 ROSEVILLE,CA 95661 (916)783-8837 5 Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. lilddr+ess; ©�c� C� �&A ona cue aty- 1 am speaking for myself_ or organization: S e, C1 jiN thank of orsanfsaotioN CHECK ONE: 1 wish to speak on Agenda item My comnnents will be: general .4jor_49nst 1 wish to speak on the subject of _ 1 do not wish to speak but leave these comments for the Board to consider.