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Mountain Lion Cesa Petition Item No. 32 STAFF SUMMARY FOR APRIL 15-16, 2020 32. MOUNTAIN LION CESA PETITION Today’s Item Information ☐ Action ☒ Consider whether listing certain population(s) of mountain lion (Puma concolor) as threatened or endangered under the California Endangered Species Act (CESA) may be warranted. Summary of Previous/Future Actions Received petition Jun 25, 2019 FGC transmitted petition to DFW Jul 5, 2019 Published notice of receipt of petition Jul 26, 2019 Public received petition and FGC approved Aug 7-8, 2019; Sacramento DFW’s request for 30-day extension Received DFW’s petition evaluation Feb 21, 2020; Sacramento Today determine if listing may be Apr 15-16, 2020; Teleconference warranted Background On June 25, 2019, the Center for Biological Diversity and the Mountain Lion Foundation (petitioners) submitted a petition to list an evolutionarily significant unit (ESU), comprised of six populations of mountain lion in southern and central coastal California, as threatened or endangered under CESA (Exhibit 1). The petition requests that, if the requested ESU is rejected, other combinations of the six populations be considered. On Jul 5, 2019, FGC transmitted the petition to DFW for review. A notice of receipt of petition was published in the California Regulatory Notice Register on Jul 26, 2019. California Fish and Game Code Section 2073.5 requires that DFW evaluate the petition and submit to FGC a written evaluation report with a recommendation, which was received at FGC’s Feb 2020 meeting (exhibits 2-3). The report delineates each of the categories of information required for a petition, evaluates the sufficiency of the available scientific information for each of the required components, and incorporates additional relevant information that DFW possessed or received during the review period. Based upon the information contained in the petition and other relevant information, DFW has determined that there is sufficient scientific information available to indicate that the petitioned action may be warranted. At today’s meeting, FGC will receive a presentation on DFW’s petition evaluation and hold a public hearing on the petition to receive information and oral testimony consistent with the requirement in Fish and Game Code Section 2074.2. Today’s agenda item occurs more than 30 days after the public release and review period of the evaluation report prior to FGC action, as required in Fish and Game Code Section 2074. If FGC determines listing may be warranted pursuant to Section 2074.2(e) of the Fish and Game Code, DFW will undertake a one-year status review before FGC can make a final decision on listing. CESA and FGC’s listing regulation require that the petition contain specific scientific information related to the status of the species. CESA, and case law interpreting it, make clear that FGC must accept a petition when the petition contains sufficient information to lead a Author: Ari Cornman 1 Item No. 32 STAFF SUMMARY FOR APRIL 15-16, 2020 reasonable person to conclude that there is a substantial possibility the requested listing could occur; the requested listing is tied to the species’ status, that is, whether the species’ continued existence is in serious danger or is threatened by a number of factors, and does not relate to economic consequences that might result from listing. If FGC determines that the petitioned action may be warranted, the ESU of mountain lion identified in the petition would be a candidate species pursuant to Section 2074.2. Candidate species are protected under the ESA pursuant to Section 2085 during the remainder of the CESA listing process. Significant Public Comments 1. State senators Henry Stern and Ben Allen and assembly members Richard Bloom, Laura Friedman, and Kevin Mullen write to urge protections for mountain lion and recommend FGC advance the petition. The legislators cite the death of an important lion and recount habitat connectivity concerns (Exhibit 4). 2. Friends of Animals, Grassroots Coalition, the Airport Marina Group of the Sierra Club, the Puente Hills Habitat Preservation Authority, and the Friends of Griffith Park support the actions and recommendations in the petition, citing habitat fragmentation and other threats as well as the mountain lion’s importance as an apex predator (see Exhibit 5 for a sample). 3. A task force of the Sierra Club, Angeles Chapter urges FGC to accept DFW’s recommendation, citing lack of genetic diversity and highlighting its work on habitat connectivity (Exhibit 6). 4. The Midpeninsula Regional Open Space District supports the petition and calls attention to similarities and differences between the Santa Cruz Mountain (SCM), Santa Ana Mountain (SAM), San Gabriel/San Bernadino Mountain, and the Santa Monica Mountain populations. The district provides further details on the SCM population, district initiatives to address human-wildlife conflicts, research needs, and depredation issues. The district includes a literature review for its Wildlife and Livestock Protection Policy (Exhibit 7). 5. Rancho Mission Viejo explains how the Southern Subregion Habitat Conservation Plan (HCP) provides habitat-based protections in Orange County, as mountain lion is specifically considered by the plan and occupies virtually the entire area. The ranch provides further details on the planning regime, populations, habitat, and conservation activities in the area, believing the HCP adequately addresses the needs of mountain lion within its portion of the Santa Ana Mountains population. The district asks that, if mountain lion is listed as a candidate species, the HCP be recognized as contributing to the protection and management of the Santa Ana Mountains population (Exhibit 8). 6. Assembly Member Frank Bigelow expresses concern for the ability of livestock owners to obtain depredation permits if mountain lion becomes a candidate species, urges a “determination that no action is warranted,” and urges a delay in FGC’s decision to allow greater participation by constituents with limited Internet access (Exhibit 9). 7. On behalf of several ranchers and farmers, a firm requests that FGC postpone a decision until a more comprehensive estimate is made of mountain lion numbers throughout the state. The group takes issue with the “50/500 rule” as outlined in the Author: Ari Cornman 2 Item No. 32 STAFF SUMMARY FOR APRIL 15-16, 2020 petition, asserts that the Central Coast population is viable, questions the validity of ESUs for mountain lion, and states that management actions are already available to mitigate low genetic diversity (Exhibit 10). 8. Eleven letters from members of the California Cattleman’s Association recount the dangers to human safety and livestock posed by mountain lions, lament the loss of deer due to mountain lions, question the assessments of low mountain lion numbers, explain differences between central and southern California populations, and defend their ability to apply for depredation permits (see Exhibit 11 for an example letter). 9. A commenter urges the Ventura County Board of Supervisors to vote against a resolution “to end the issuance of depredation permits in Ventura County for mountain lions that attacked livestock and other animals” and to support “legislative or executive action to support the listing of the Southern /Central Coast Evolutionarily Significant Unit (ESU) of Mountain Lions,” making reference to depredations in Ventura County (Exhibit 12). 10. On behalf of several ranchers and farmers in the central coast and Central Valley, a law firm states that the petition would be in direct conflict with, and result in unconstitutional amendments to, the initative statute known as Proposition 117, and concludes that FGC is “without any discretion other than to deny the Petition”, providing a legal analysis to support its conclusion (Exhibit 13). 11. The California Cattleman’s Association, the California Chamber of Commerce, the California Farm Bureau Federation, the Rural Counties Representatives of California, and the Monterey County Farm Bureau ask to delay the “may be warranted” decision, citing COVID-19 concerns and the ability for the public to comment (exhibits 14-15). 12. Over 1000 similar letters of support for listing mountain lion (see Exhibit 16 for a sample). Recommendation FGC staff: Determine that listing may be warranted. DFW: Accept and consider the petition for further evaluation. Exhibits 1. CESA petition, received Jun 25, 2019 2. DFW memo transmitting 90-day evaluation report, received Feb 6, 2020 3. DFW 90-day evaluation report 4. Letter from state senators Henry Stern and Ben Allen and assembly members Richard Bloom, Laura Friedman, and Kevin Mullin, received Apr 2, 2020 5. Letter from Courtney McVean, Friends of Animals, received Mar 27, 2020 6. Letter from Joan Licari, San Gabriel Valley Task Force of the Angeles Chapter of the Sierra Club, received Mar 30, 2020 7. Letter and literature review from Kirk Lenington, Midpeninsula Regional Open Space District, received Apr 1, 2020 8. Letter from Laura Coley Eisenberg, Rancho Mission Viejo, received Mar 30, 2020 Author: Ari Cornman 3 Item No. 32 STAFF SUMMARY FOR APRIL 15-16, 2020 9. Letter from Assembly Member Frank Bigelow, received received Mar 19, 2020 and email from Hannah Ackley on behalf of Assembly Member Frank Bigelow, received Apr 1, 2020 10. Letter from Adrian Juncosa, EcoSynthesis Scientific and Regulatory Services, Inc., received Apr 2, 2020 11. Emails received from Kirk Wilber, California Cattlemen’s Association, transmitting 9 letters from members,
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