Prop 197 Analysis by the Legislative Analyst

Background
In 1990, the California voters approved Proposition 117, the California Wildlife Protection Act of 1990. The act designated mountain lions as a specially protected mammal, and generally prohibited their taking (that is, hunting or killing), injury, possession, or sale. However, Proposition 117 allows the killing of a mountain lion if it (1) is perceived to be an imminent threat to public health or safety, (2) damages livestock or other property, or (3) is attacking people. In 1994, for example, 131 mountain lions were killed because they threatened public safety or damaged property or livestock.

Proposition 117 generally permits the Legislature to amend its provisions relating to mountain lions with a four-fifths vote of the members of both houses, but only if the amendments are consistent with the purposes of the act.

Proposition 117 also created the Habitat Conservation Fund (HCF). This fund is generally used to support the acquisition of lands for the protection of mountain lions, deer, rare, endangered, and threatened animals and plant life, wetlands, and park purposes. Proposition 117 required that the HCF receive $30 million a year. This funding comes from the state's General Fund and various environmental funds.

The state Fish and Game Commission is generally responsible for regulating the protection and use of wildlife species which are not rare, threatened, or endangered, in order to achieve a variety of goals. The commission does this by regulating the hunting, capturing, and killing of wildlife, including establishing hunting seasons; promoting public education; and protecting and enhancing habitat. The commission's policies are implemented by the Department of Fish and Game.

Proposition 117 prohibits the commission or the Department of Fish and Game from adopting regulations that conflict with its provisions.

Proposal
This measure amends Proposition 117's provisions related to mountain lions. Specifically, the measure does the following:

• Changes the vote requirement--from four-fifths to majority vote--for the Legislature to amend or repeal provisions of law concerning mountain lions, and eliminates the requirement that such changes be consistent with the purposes of Proposition 117.
• Eliminates the designation of the mountain lion as a specially protected mammal in California, and requires the Fish and Game Commission to regulate mountain lions in the same manner as it regulates other mammals which are not rare, endangered, or threatened.
• Requires the Department of Fish and Game to prepare a mountain lion management plan for the commission's approval and to implement the adopted plan. As part of the plan, the department must identify priority zones where the removal of individual mountain lions has not alleviated threats to public safety, livestock, domestic animals, other property, and other wildlife species. The measure authorizes the department to regulate, hunt, or kill mountain lions in priority zones if it has a plan for that zone. In addition, such actions must be consistent with the plan and maintain a viable mountain lion population in the zone.
• Authorizes the Department of Fish and Game to designate persons and government entities to remove or kill mountain lions that are perceived to be an imminent threat to public health or safety or livestock.

Fiscal Effect
The measure reallocates existing funds in the HCF from land acquisition to the Department of Fish and Game to prepare and implement the mountain lion management plan. The reallocation would be up to $250,000 annually for 1996-97, 1997-98, and 1998-99, and up to $100,000 annually thereafter until July 1, 2020. The exact amount would depend on legislative action.

In addition, the measure declares the Legislature's intent that up to $250,000 be appropriated annually from sources other than the HCF for public safety and public information programs related to mountain lions.