BILL NUMBER: SB 481 CHAPTERED
BILL TEXT
CHAPTER 186
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 20, 2009
PASSED THE ASSEMBLY AUGUST 17, 2009
AMENDED IN ASSEMBLY JULY 16, 2009
AMENDED IN ASSEMBLY JUNE 18, 2009
AMENDED IN ASSEMBLY JUNE 11, 2009
AMENDED IN SENATE MAY 14, 2009
AMENDED IN SENATE APRIL 22, 2009
INTRODUCED BY Senator Cox
(Principal coauthor: Senator Steinberg)
(Coauthor: Assembly Member Niello)
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, Cox. Airports: wildlife.
Existing law regulates the taking or possession of birds, mammals,
fish, amphibians, and reptiles. Under existing law, the Department
of Fish and Game performs various functions with regards to the
taking of fish and game. Existing law generally provides that a
violation of fish and game laws is a crime.
This bill would provide that the taking of birds by a public use
airport certificated by the Federal Aviation Administration operating
in the state pursuant to a federal depredation permit, does not
violate state fish and game laws if the taking is in compliance with
that permit and the taking occurs on land owned or leased by the
airport that is not habitat mitigation or conservation land, and
there is no taking of a fully protected, candidate, threatened, or
endangered species. The bill would specify that a taking is only
authorized to relieve or prevent injurious situations affecting
public safety and can only be performed as part of an integrated
wildlife management program that emphasizes nonlethal management
techniques.
The bill would require the airport to provide to the department
all federal depredation permits and all federal reports required
pursuant to any federal depredation permit or wildlife hazard
management plan, or both, and to provide the department reasonable
access to ensure compliance. The bill would require the department to
seek reimbursement from the airport for the reasonable costs
associated with activities resulting from any violations of these
provisions.
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 Legislature recognizes that, in a public use airport's
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
limited and authorized wildlife hazing, harassment, and depredation.
The Legislature 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.
3472. The taking of birds by a public use airport certificated by
the Federal Aviation Administration to operate in California that
has obtained, and is in compliance with, a federal depredation permit
that authorizes, under specified conditions, the lawful taking of
birds, does not violate any provision of this code or regulations
adopted pursuant to this code if the taking is in compliance with the
federal depredation permit for the purposes specified in Section
3472.1 and all of the following conditions are met:
(a) The taking occurs on lands owned or leased by the airport.
(b) The taking does not occur on lands owned or leased by the
airport that are reserved for habitat mitigation or conservation
purposes of the species being taken, including lands in a habitat
conservation plan, or a natural communities conservation plan.
(c) There is no taking of a fully protected, candidate,
threatened, or endangered species.
3472.1. Take is authorized pursuant to this article only to
relieve or prevent injurious situations affecting public safety and
shall only be performed as part of an integrated wildlife management
program that emphasizes nonlethal management techniques.
3472.2. A public use airport certificated by the Federal Aviation
Administration shall provide to the department any federal
depredation permit and all federal reports required pursuant to any
federal depredation permit or wildlife hazard management plan, or
both, and shall also provide reasonable access to the department for
purposes of ensuring compliance with this article. The department
shall seek reimbursement from the public use airport for any
reasonable costs associated with activities resulting from any
violations of this article.