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2000 Fall - Mountain Lion Foundation

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•<br />

• PRO T ( T N G ( A o R A s w D E •<br />

he <strong>Mountain</strong> <strong>Lion</strong> <strong>Foundation</strong> and its many supporters<br />

came of age ten years ago with the passage of Proposition<br />

117. The first of its kind-a true citizens' initiative<br />

that qualified for the ballot using only volunteer signature<br />

gatherers-the <strong>Mountain</strong> <strong>Lion</strong> Initiative strove to<br />

protect mountain lions in California forever. For the most part,<br />

Proposi tion 117 was successful. Mountai n lions are no longer<br />

legally hunted and $300 million of state funds have been spent<br />

protecting more than 1/2 million acres of important wildlife habitat.<br />

This did not occur without the vigilance and at much cost to<br />

. organization and its individual members.<br />

After all, the ink had hardly dried on Proposition 117 before the<br />

legislature attempted to overturn this protection. The next few years<br />

saw repeated legislative attempts to, at the very least, divelt and<br />

dilute, if not delete the funds needed to acquire habitat essential<br />

for the continual existence of mountain lions in California.<br />

PROPosmON 117<br />

TEN YEARS<br />

AFTER<br />

Let's not forget Proposition 197 where the initiative process was<br />

used by the NRA and other hunting forces to try and accomplish<br />

what could not be achieved through the legislative process-the<br />

renewed killing of these magnificent creatures. But MLF and you<br />

held fast and thwarted their effOlts to roll back the clock.<br />

Now it is time to look beyond our state's borders. Beyond our<br />

accomplishments that only protect a small segment of a diminishing<br />

species. Cougars are still aggressively hunted as trophy<br />

animals in other western states. Even the citizens of Oregon and<br />

Washi ngton was followed California's lead and instituted their<br />

own cougar protections are finding these protection laws overturned<br />

or at risk.<br />

One of MLF's volunteers, Carrol McDonald, who recently moved<br />

to Arizona, called for our help in stopping yet another RA initiative.<br />

This insidious measure purports to simply leave wildlife management<br />

up to the "experts." In fact, it makes changes to the Ari-<br />

continued on page 3


LITTLE CATS<br />

ABOBBIE KALMA BOOK<br />

From domestic housecats to<br />

the rare manul, young readers<br />

will enjoy learning about all the<br />

different cats in the small cat<br />

family. Children will treasure the<br />

brilliant color photos of kittens<br />

and adult cats alike. $5.95<br />

MOUNTAIN LION FOUNDATION<br />

Shopping Mall<br />

MO 'fAIN L10 ACTIVITIES BOOK<br />

BY SA ORA CHISHOLM ROBI SON<br />

Published by the Denver<br />

Museum of Natural History, this<br />

story and activity book is great for<br />

grade levels 3 through 8. Ideal for<br />

educators, group leaders and<br />

parents. $7.95<br />

POSTCARD BOOK<br />

Send your message<br />

across the miles with<br />

this lovely book of<br />

postcards. The book<br />

contains 21<br />

different 5xT' p<br />

photos of<br />

mountain lions by wildlife photographer I<br />

Denver Bryan. Each po tcard also<br />

includes an interesting and unique fact<br />

about the cougar. $7.95<br />

BRONZE KEY CHAIN<br />

De igned xclusively for the<br />

<strong>Mountain</strong> <strong>Lion</strong> <strong>Foundation</strong>, this<br />

stunning bronz key hain with a basrelief<br />

image of a mountain lion not only carries your<br />

ke s but also serves as a constant reminder of why we need to<br />

protect this elu ive cr ature. ,5.95 .<br />

6 Please use the enclosed envelope.<br />

"ADOPT-A-L10 " •<br />

"Adopt-a-lion" is the perfect gift for cougar lovers.<br />

Your symbolic adoption helps ensure the protection of<br />

this magnificent caL. All proceeds will benefit our<br />

educational outreach programs. Your special "adopt"<br />

packet will include the following: 'Welcome' scroll,<br />

personalized certificate suitable for framing, color<br />

photo, mountain lion fact sheets. The adoption is<br />

$25.00. All adoptions are tax-deductible.<br />

BECOME AMEMBER<br />

Join the fight to protect California's wildlife. As a<br />

member of the <strong>Mountain</strong> <strong>Lion</strong> <strong>Foundation</strong>, you will<br />

receive a copy of our quarterly newsletter, MLF Review.<br />

You will also receive legislative and special alert<br />

announcing actions you can take to protect wildlife.<br />

Most of all, you will receive the satisfaction of knowing<br />

that your SUppOlt helps to protect wildlife throughout<br />

California. emberships make great gifts, too!<br />

•<br />


•<br />

MOUNTAIN<br />

l ION<br />

FOUNDATION<br />

Shopping Mall<br />

YEAR 2001 MOUNTAIN LION<br />

CALENDAR<br />

Thanks to people like<br />

you, mountain lions are<br />

guaranteed to survive into<br />

the next millennium.<br />

Celebrate their majestic<br />

beauty with our year 2001<br />

calendar. The stunning<br />

images captured by<br />

wildlife photographer<br />

Denver Bryan will enhance<br />

the days and<br />

months of all who receive<br />

it. $10.95<br />

el'ALK ON UIE WILD SIDE" FA NY PACK' . • -<br />

This eye-catching, multi-pocketed pack is designed with both the outdoor<br />

enthusia t and traveler in mind. Made from heavyweight premium cotton<br />

anvas, its six pockets can carry everything you need for an active day. The<br />

center pouch is perfect for your water bottle or camera lens. $17.95<br />

Prop. 117 cOlllinuedfrom page 3<br />

ditor recently issued a report criticizing both<br />

CDFG and State Parks for the lack of current<br />

- or in many cases "any" - plans for the<br />

management of the public's property.<br />

One egregious example of this lack ofplanning<br />

is a state park campground planned for<br />

placement right smack in the middle of a<br />

mountain lion corridor! We all know that if<br />

this occurs any mountain lions that have the<br />

tenacity to use this wildlife corridor will be<br />

killed in the name of public safety.<br />

Additionally, although Proposition 117 has<br />

stopped the legal hunting of mountain lions<br />

in California, it has not stopped the illegal<br />

killing of these animals. CDFG estimates that<br />

commercial poaching in this state is the second<br />

greatest threat to wildlife aJter habitat<br />

destruction. MLF is working on the problem,<br />

but it is a difficult long-term issue that requires<br />

the mutual cooperation of everyone<br />

from the neighbor who sees the killing to the<br />

local District Attorney willing to prosecute<br />

these criminals to the fullest extent of the law.<br />

Finally, although California's voters overwhelmingly<br />

chose to implement and protect<br />

Proposition 117, there are still a number of<br />

people who are unaware of their role in keeping<br />

themselves, their children and their property<br />

safe while protecting wildlife. Too many<br />

rural residents are causing mountain lions,<br />

bears, and other wild animals to be killed by<br />

CDFG because they choose to attract predators<br />

with their practices of deliberately feeding<br />

wildlife, improperly containing their garbage,<br />

or following the inappropriate practice<br />

of not implementing even the most rudimentary<br />

livestock management and protection<br />

practices while their livelihood (livestock)<br />

roams the countryside. Ignorance as well as<br />

indifference has been deadly to Califomia's<br />

wildlife.<br />

With the perspective of time, it is clear to<br />

us that California's Propo ition 117 was a good<br />

beginning. A solid foundation upon which to<br />

build. It is also a powerful example 01' what<br />

can be accomplished when wildlife upporters<br />

unite. At the same time, Propo ition 117<br />

serves as a con tant reminder that the good<br />

fight is never done. That it take a long time<br />

to change government institution, and how<br />

fragile are the victories, and how et rnal i<br />

the struggle. MLF<br />

Please lise the enclosed envelope. 7


8<br />

CALIFORNIA LEGAL ADVOCATES for WILDLIFE<br />

California Legal Advocates for<br />

Wildlife (CLAW) is a legal assistance<br />

program of the <strong>Mountain</strong><br />

<strong>Lion</strong> <strong>Foundation</strong>. CLAW provides low<br />

cost and pro-bono legal services to<br />

grassroots environmental group seeking<br />

to protect California's wildlife and habitat.<br />

For more infonnation on MLF's CLAW<br />

Program, and its activities visit our<br />

website: http://www.mountainlion.org/<br />

CLA W/clawprogram.htm.<br />

NATOMAS BASI SPECIES WIN IN COURT ­<br />

BUT HABITAT DESTRUCTIO CONTI UES<br />

Like most California cities, Sacramento<br />

is growing. Parts of its northern expansion<br />

plans include residential development<br />

on land that up till now was rice<br />

fields or similar production grain agricultural<br />

land. Prime garter snake and<br />

swainson hawk habitat.<br />

As a precursor to any bulldozers plowing<br />

up the fields, Sacramento was required<br />

to develop the Natomas Basin<br />

Habitat Conservation Plan ( BHCP).<br />

This plan was intended to protect suffici<br />

nt critical wildlife habitat to allow for<br />

the continued survival of both the gaIter<br />

snake and swainson hawk while allowing<br />

development to occur in the region. Unfortunately<br />

that is not what happened.<br />

In 1998, MLF joined with other environmental<br />

groups to challenge the decision<br />

of the .S. Fish & Wildli£ Service<br />

(U FWS), which has final authority over<br />

any Habitat Conservation Plan. MLF argued<br />

that the plan allowed the destruction<br />

of habitat needed for specie listed<br />

by both the state and federal governments<br />

as "threatened," while only requiring developers<br />

to pay a token fee in return.<br />

CORNER<br />

This August, the judge ruled in favor<br />

of MLF's case, invalidati ng the City of<br />

Sacramento's authority to allow developers<br />

to kill endangered species and requiring<br />

the USFWS to complete an Environmental<br />

Impact Statement (EIS) that would<br />

analyze the effects of habitat destruction<br />

on garter snakes and swainson hawks in<br />

the atomas Basin.<br />

UnfOltunately, the city and local developers<br />

have largely ignored the federal<br />

court's ruling. Sacramento, with USFWS'<br />

knowledge and acquiescence, recently issued<br />

new "guidelines" that would allow<br />

certain development projects-and the<br />

destruction of more wildlife habitat-to<br />

continue.<br />

MLF is protesting the city's actions, but<br />

development continues at breakneck speed.<br />

USFWS HOPS FORWARD BY PROPOSING<br />

RED-LEGGED FROG CRITICAL HABITAT<br />

MLF is not always in opposition to<br />

CDFG and USFWS' efforts to manage or<br />

protect California's wildlife and its habitat.<br />

There are times when we find ourselves<br />

on the same side, and when this<br />

happens it is equally important for us to<br />

publicly support the actions of these<br />

agencIes.<br />

This October, MLF did just that with a<br />

comment letter to the USFWS supporting<br />

their proposal to designate over 5.4<br />

million acres of public and pri vate land<br />

in California as critical habitat for the redlegged<br />

frog.<br />

While the final amount of land that<br />

actually ends up designated as red-legged<br />

frog habitat is sure to be drastically<br />

smaller, MLF believes that this is a great<br />

first step.<br />

•<br />

CALIFORNIA DEPARTME T OF FORESTRY<br />

DENIES DUTY TO PROTECT OAK<br />

WOODLANDS<br />

On September 5, <strong>2000</strong>, MLF and the<br />

California Oak <strong>Foundation</strong> filed a joint<br />

lawsuit against the California Department<br />

of Forestry and Fire Protection (CDF),<br />

challenging their refusal to perform an<br />

environmental analysis on the impact to<br />

wildlife when oak woodland are converted<br />

to agriculture or urban uses.<br />

California's oak woodlands provide a<br />

wide array of benefits to wildlife and hu.<br />

mans alike: Oak woodlands and forest<br />

provide habitat to insectivorous birds,<br />

which in turn reduce in ect pests in adjacent<br />

agricultural and urban settings;<br />

provide habitat for deer and mountainlions;<br />

provide improved percolation to recharge<br />

local groundwater supplies; regulate<br />

and slow storm runoff from forested<br />

lands; and shade riparian areas, helping<br />

to lower stream temperature, thus protecting<br />

fish and other aquatic wildlife.<br />

nfortunately as pressure for development<br />

and expanded agriculture in the<br />

state increases, California's oak woodlands<br />

are placed increasingly at risk.<br />

Despite CDF's claim that their oversight<br />

extends only to commercial tree<br />

species-such as pine or fir-MLF believes<br />

that their refusal to regulate the<br />

removal of oaks from private lands violates<br />

the Forest Practice Act, which requires<br />

an analysis of the environmental<br />

effects prior to the issuance of any permits<br />

or approvals. We intend to work wit.<br />

the California Oak <strong>Foundation</strong> to ensure<br />

that California's oak woocUand ,which are<br />

vital mountain lion habitat, have the same<br />

protections a the state's other forests.


•MLF GIVES SAN JOAQUIN CO NTY<br />

NEIGHBORHOOD AN "F"<br />

Last August, MLF's California Legal<br />

Advocates for Wildlife Program, on behalf<br />

of the San Joaquin Audubon Society,<br />

submitted comments to the an Joaquin<br />

County Board of upervisors challenging<br />

a egative Declaration ( ego Dec.) for the<br />

eighborhood "F" Project, a subdivision<br />

within San Joaquin County's newly<br />

planned <strong>Mountain</strong> House residential community.<br />

The County's issuance of a Neg.<br />

Dec. cleared the way for developers to<br />

tart building despite the obvious environmental<br />

problems that were associated<br />

with the project.<br />

Since the preparation of the project's<br />

Master Environmental Impact Report<br />

(EIR) over six years ago, the Old River,<br />

•<br />

and the lower San Joaquin River-which<br />

will receive drainage from the projecthave<br />

been declared impaired by the State<br />

Water Resources Control Board. And, the<br />

steelhead trout, which reside in these<br />

waters, has been listed as threatened under<br />

the federal Endangered Species AcL.<br />

In addition, several upland species, including<br />

the San Joaquin kit fox and the<br />

swainson's hawk would also be adversely<br />

affected by the project.<br />

MLF's comment letter noted several<br />

legal points including the fact that the<br />

California Environmental Quality Act<br />

(CEQA) require updates to a project's<br />

Master EIR, if it is more than five years<br />

old, and new information indicates that<br />

the project may not have considered all<br />

·significant environmental impacts.<br />

MLF's ANTI-POACHING GUIDE<br />

Poaching is one of the most important issues facing wild<br />

life today. California's wildlife is being slaughtered on an<br />

alarming scale by a breed of criminal who kills wild animals<br />

illegally for money-the commercial poacher.<br />

The image of a poacher as a poor, uneducated man just trying<br />

to put meat on the table is outdated. While more traditional<br />

forms of poaching persi t-an occasional deer killed<br />

outside of hunting season, or catching a couple offish over the<br />

legal limit-killing wildlife for monetary gain has taken the<br />

carnage to new levels. Skilled, organized, and well-equipped<br />

teams ofcommercial poachers are decimating California' wildfe.<br />

The California Department of Fish and Game estimate<br />

that commercial poaching in the state is the second greatest<br />

threat to our wildlife after habitat destruction.<br />

The problem of poaching in California can be compared to<br />

thr e sides of a pyramid. On one side i the fact that illegal<br />

Despite MLF's effort, the San Joaquin<br />

County Board ofSupervisors approved the<br />

Neighborhood "F" ProjecL. nless legal<br />

action is under taken, building will begin<br />

in the near future. AlLhough MLF and<br />

San Joaquin Audubon could not make<br />

satisfactory arrangements to fund a lawsuit,<br />

Alameda County is challenging San<br />

Joaquin County's decision because of traffic<br />

mitigation issues-and has included<br />

all of the biological claims raised in our<br />

comment letter.<br />

Keith Wagner, MLF's CLAW Program<br />

Director is remaining in contact with both<br />

San Joaquin Audubon and Alameda<br />

County's aLLorneys to assi t, when possible,<br />

with CLAW's comments included<br />

in Alameda County's complaint.<br />

sale and distribution of California's wildlife i extremel lucrative.<br />

Another is the public's perception towards poaching and<br />

its unwillingness to get involved. The third is inconsistency or<br />

lack oflegal knowledge on the part of pro ecutor and judge in<br />

the conviction and sentencing of poachers. It i this last i sue<br />

that MLF is trying to change with the development of its Practitioners'Reference<br />

Guide on Criminal Enforcement of tate and<br />

Federal Wildlife Laws in California.<br />

Due for release next year, this reference guide i de ign d to<br />

be a concise, user-friendly legal tool that con olidate , organizes<br />

and cross-references a confu ing, unwield bod of law.<br />

With practical tip from successful prosecution a e , thi guide<br />

will be instrumental in making it easier for judg sand di tri t<br />

aLLorney's to prosecute, convict and punish" ildlif rim a<br />

well as for wildlife professionals and concerned laypersons to<br />

push for enhanced poaching legislation and enforc m nL. MLF<br />

MLF<br />

9


•<br />

•<br />

•<br />

REMEMBER US IN<br />

YOUR WILL<br />

Everyone likes to be remembered [or somethingto<br />

gain a little slice o[ immortality.<br />

That's just human nature.<br />

Here's a way that you can be remembered forever.<br />

As part of your will, make a gift to the <strong>Mountain</strong><br />

<strong>Lion</strong> <strong>Foundation</strong> to assist in protecting these magnificent<br />

creatures.<br />

We will, in turn, put the funds to work creating<br />

policies that preserve the lives of mountain lions and<br />

other wildlife.<br />

The gift can be made in a number of ways:<br />

MAKING ABEQUEST<br />

In writing or updating your will, you can designate the foundation as a beneficiary and may tipulate<br />

that the amount be used to support the organizations general operations or earmarked for a specific<br />

project or program.<br />

Here is some suggested language:<br />

"The <strong>Mountain</strong> <strong>Lion</strong> <strong>Foundation</strong> is a tax-exempt organization under the federal and California tax<br />

code and is located at 926 J Street, Suite 803, Sacramento, California 95814 (mailing address, Box<br />

1896, Sacramento, CA 95812)."<br />

RESTRICTED CO TRIB TION<br />

The amount of the bequest can be "undesignated," which means the foundation's Board of Directors<br />

will fi nd the best conservation use for the funds.<br />

For such an unrestricted gift, this language is suggested: "I give and bequeath to the <strong>Mountain</strong> <strong>Lion</strong><br />

<strong>Foundation</strong> (an amount or percentage of the estate)."<br />

PROGRAM CONTRIBUTIO<br />

A bequest can be designated for a special purpose, such as a program Ii ke wildlife education,<br />

litigation, anti-poaching activities or as a contribution to the endowment.<br />

For restricted bequests, this language is suggested: "1 give and bequeath to the <strong>Mountain</strong> <strong>Lion</strong><br />

<strong>Foundation</strong> (an amount or percentage of the estate) to be used [or the following purposes (add the<br />

purposes)." Please consult with foundation staff to make sure your objectives are feasible and achievable.<br />

ENDOWMENT CONTRIBUTION<br />

Particularly for large gifts, contributions to the foundation's endowment or endowed projects can be<br />

an excellent means of ensuring that the work continues. With an endowment, the gift is invested and<br />

the annual interest used to provide financial upport. Here is some suggested language for these kind<br />

of gifts: "1 give and bequeath to the <strong>Mountain</strong> <strong>Lion</strong> <strong>Foundation</strong> (an amount or percentage of the estate)<br />

to be used for the general endowment or to endow (add specific project or program)." Again, plea<br />

check with staff before making a gift to a specific project or program.<br />

For more information on this or other ways to provide MLF with financial support, you may contact<br />

Tim Dunbar, (916-442-2666, ext. 107) or send an e-mail message to tdunbar@mountainlion.org<br />

111

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