BILL NUMBER: SB 481	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cox

                        FEBRUARY 26, 2009

   An act to add Article 8 (commencing with Section 3470) to Chapter
2 of Part 1 of Division 4 of the Fish and Game Code, relating to
wildlife.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 481, as introduced, Cox. Airports: wildlife.
   Existing law regulates the taking or possession of birds, mammals,
fish, amphibians, and reptiles. Existing law generally provides that
a violation of fish and game laws is a crime.
   This bill would provide that, notwithstanding any other provision
of law, a public use airport certificated by the Federal Aviation
Administration operating in the state that takes wildlife to protect
public safety pursuant to federal law, including a federal
depredation permit, does not violate state fish and game laws.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 8 (commencing with Section 3470) is added to
Chapter 2 of Part 1 of Division 4 of the Fish and Game Code, to read:


      Article 8.  Management of Wildlife at Public Use Airports


   3470.  It is the policy of the state to actively encourage the
safe and biologically sound management of wildlife resources on
California's public use airports as regulated by the Federal Aviation
Administration (FAA) and its agents. The Legislature recognizes that
public use airports serving in the United States are operated
according to regulations and policies promulgated by the FAA and
federal law that protect the health, safety, and welfare of the
public in compliance with applicable FAA regulations, standards,
policies, and guidance, wildlife hazard management plans, and
associated permits.
   3471.  The department recognizes that, in its ongoing efforts to
protect the health, safety, and welfare of the traveling public in
compliance with Federal Aviation Administration (FAA) regulations,
and specifically Section 337 of Part 139 of Title 14 of the Code of
Federal Regulations, it is necessary to perform wildlife hazing,
harassment, and depredation. The department further recognizes that
FAA certificated public use airports and their wildlife hazard
management staff must harass, haze, or perform removal of species to
protect the health, safety, and welfare of the public when authorized
by a current, valid federal fish and wildlife depredation permit,
even if these takings are prohibited by, or not addressed by, other
provisions of this code.
   3472.  Notwithstanding any other provision of law, a public use
airport certificated by the Federal Aviation Administration operating
in the state that takes wildlife to protect public safety pursuant
to federal law, including a federal depredation permit, does not
violate any provision of this code or regulations adopted pursuant to
this code.