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Article #330

Re: DFG thinks 197 won't work

#330
From: Mark Runyan
Date: Mon, 25 Mar 1996 00:00
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Carl H. Starrett II (chstarr@ix.netcom.com) wrote:
>Two things: (2) Show me and 197 is limited to allowing recreational hunting.

A previous posting of mine attempted to do this:
%.--Proposed new section 4801--
%|4801.  The department may remove or take, or authorize its designee,
%|including, but not limited to, an appropriate governmental agency with
%|public safety responsibility, 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 imminent
%|threat to public health or safety or livestock anywhere in the state
%|except within the state park system.  Within the state park system, the
%|department may remove or take, or authorize an appropriate governmental
%|agency with public safety responsibility or an appropriate 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 health or safety only with the concurrence of the Department of
%|Parks and Recreation.
%
%
%This section uses "authorize its designee, including, but not limited to"
%and you could say that this means that DF&G could license individual
%citizens to hunt and kill lions.  
%
%I believe the current section (From http://www.leginfo.ca.gov/calaw.html)
%4801 reads:
%|4801.  The department may remove or take any mountain 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.

As I said, the section that authorizes DF&G to assign the right of
removal appears to allow the issue of license or permit to a citizen
to remove a mountain lion.  Since the language is "perceived to be
an imminent threat to public health or safety", there is a possibility
that the mere sighting of a mountain lion would be sufficient to meet
this requirement, resulting in the permit/license issue.  

You are right that Prop 197 does not directly allow recreational hunting
of mountain lions, but that one phrase allows the possibility which
isn't there under existing law.

Mark Runyan
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From: runyan@cup.hp.com (Mark Runyan)
Subject: Re: DFG thinks 197 won't work
Date: 1996/03/25
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