Amended in Senate June 22, 2016

Amended in Assembly May 12, 2016

Amended in Assembly April 25, 2016

Amended in Assembly April 12, 2016

Amended in Assembly March 16, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2148


Introduced by Assembly Member Holden

February 17, 2016


An act tobegin insert amend Section 3003.5 of, and toend insert addbegin delete Section 714.5 toend deletebegin insert Sections 1746 and 2001.5 to,end insert the Fish and Game Code, and to add Article 4 (commencing with Section 5085) to Chapter 1.2 of Division 5 of the Public Resources Code, relating to unmanned aircraft systems.

LEGISLATIVE COUNSEL’S DIGEST

AB 2148, as amended, Holden. Unmanned aircraft systems:begin delete regulation.end deletebegin insert managed lands or waters: take of fish and wildlife.end insert

Existing federal law, the Federal Aviation Administration Modernization and Reform Act of 2012, provides for the integration of civil and public unmanned aircraft systems, commonly known as drones, into the national airspace system. Existing law establishes both the Department of Fish and Wildlife and the Department of Parks and Recreation in the Natural Resources Agency. A violation of any rule or regulation made or adopted by the Department of Fish and Wildlife pursuant to the Fish and Game Code is a misdemeanor. A violation of the rules and regulations established by the Department of Parks and Recreation to protect the state park system is punishable as either a misdemeanor or an infraction.

begin delete

This bill would require, on or before January 1, 2018, the Department of Fish and Wildlife and the Department of Parks and Recreation to develop regulations governing the launching, landing, or ground-based operation of unmanned aircraft systems, commonly known as drones, from or on the public lands and waters managed by each department. In developing the regulations, the bill would require these state departments to address, among other things, protecting wildlife from unnecessary harassment or disturbance and protecting the natural, cultural, and historic values of state lands. Because violations of these regulations could be crimes, the bill would impose a state-mandated local program.

end delete
begin insert

This bill would make it unlawful for any person to launch, land, or operate an unmanned aircraft system from Department of Fish and Wildlife and Department of Parks and Recreation managed lands or waters, except as authorized by these departments, or unless exempted from this prohibition. The bill would authorize the departments to consider certain factors when reviewing a request for the departments’ authorization for the use of an unmanned aircraft system.

end insert
begin insert

The bill would also make it unlawful to use an unmanned aircraft system to take, or assist in the take of, fish or wildlife, including, but not limited to, the use of unmanned aircraft systems for scouting purposes. The bill would provide that an unmanned aircraft system is a motorized air vehicle within the meaning of a certain existing prohibition and thus under that prohibition may not be used to pursue, drive, or herd any bird or mammal, except as specified.

end insert
begin insert

Because violations of the provisions of the bill would be crimes, the bill would impose a state-mandated local program.

end insert

The bill would provide thatbegin insert certain ofend insert its provisions are severable and do not apply to the operation of an unmanned aircraft system by any person who the Federal Aviation Administration authorizes to operate a remote piloted aircraft for a commercial purpose and who operates it in a manner that complies with that authorization.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin delete
P3    1

SECTION 1.  

Section 714.5 is added to the Fish and Game
2Code
, to read:

3

714.5.  

(a) On or before January 1, 2018, the Department of
4Fish and Wildlife shall develop regulations governing the
5launching, landing, or ground-based operation of unmanned aircraft
6systems, commonly known as drones, from or on the public lands
7and waters managed by the department.

8(b) In developing regulations pursuant to subdivision (a), the
9department shall address all of the following:

10(1) Protecting wildlife from unnecessary harassment or
11disturbance.

12(2) Protecting sensitive species, including those listed as
13threatened or endangered, or that have other protected status.

14(3) Protecting wildlife at times of the year where incidents may
15have disproportionate effects, including, but not limited to, during
16nesting, breeding, gestation, and migration seasons.

17(4) Protecting the natural, cultural, and historic values of state
18lands.

19(5) Permitting the appropriate use of unmanned aircraft systems
20for conservation and scientific research purposes.

21(6) Ensuring that unmanned aircraft systems are not operated
22in a careless or reckless manner, including ensuring that operators
23adhere to visual line-of-sight practices.

24(c) In developing the regulations, the department shall allow de
25minimis access by adjacent landowners for agricultural purposes.

26(d) This section does not apply to the operation of an unmanned
27aircraft system by any person who the Federal Aviation
28Administration authorizes to operate a remote piloted aircraft for
29a commercial purpose and who operates it in a manner that
30complies with that authorization.

31(e) The provisions of this section are severable. If any provision
32of this section or its application is held invalid, that invalidity shall
33not affect other provisions or applications that can be given effect
34without the invalid provision or application.

end delete
P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1746 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert1746.end insert  

(a) It shall be unlawful for any person to launch, land,
4or operate an unmanned aircraft system from department managed
5lands, as defined in Section 1745, except as authorized by the
6department, or unless otherwise exempted from this section.

7
(b) In reviewing a request for department authorization for the
8use of an unmanned aircraft system, the department may consider
9any of the following:

10
(1) Protecting wildlife and visitors from unnecessary harassment
11or disturbance.

12
(2) Harm to sensitive species, including those listed as
13threatened or endangered, or that have other protected status.

14
(3) Disruption to wildlife at times of the year where incidents
15may have disproportionate effects, including, but not limited to,
16during nesting, breeding, gestation, and migration seasons.

17
(4) The natural, cultural, and historic value of the
18department-managed land.

19
(5) The purpose of the department-managed land.

20
(6) Operation of an unmanned aircraft system in a careless or
21reckless manner, including an operator’s failure to adhere to visual
22line-of-sight practices.

23
(7) Other special purposes as approved by the department.

24
(c) The prohibition in subdivision (a) does not apply to any of
25the following:

26
(1) The appropriate use of unmanned aircraft systems for
27conservation and scientific research purposes.

28
(2) De minimis access by adjacent landowners for agricultural
29purposes.

30
(3) Legitimate news gathering activity by a person described
31in Section 1070 of the Evidence Code.

32
(d) This section does not apply to the operation of an unmanned
33aircraft system by any person who the Federal Aviation
34Administration, whether by permit, license, rule, or regulation,
35authorizes to operate a remote piloted aircraft for a commercial
36purpose and who operates it in a manner that complies with that
37authorization.

38
(e) The provisions of this section are severable. If any provision
39of this section or its application is held invalid, that invalidity shall
P5    1not affect other provisions or applications that can be given effect
2without the invalid provision or application.

end insert
3begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 2001.5 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
4to read:end insert

begin insert
5

begin insert2001.5.end insert  

It shall be unlawful to use an unmanned aircraft system
6to take, or assist in the take of, fish or wildlife, including, but not
7limited to, the use of unmanned aircraft systems for scouting
8purposes.

end insert
9begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 3003.5 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
10to read:end insert

11

3003.5.  

It is unlawful to pursue, drive, or herd any bird or
12mammal with any motorized water, land, or air vehicle, including,
13but not limited to, a motor vehicle, airplane,begin insert unmanned aircraft
14system,end insert
powerboat, or snowmobile, except in any of the following
15circumstances:

16(a) On private property by the landowner or tenant thereof to
17haze birds or mammals for the purpose of preventing damage by
18that wildlife to private property.

19(b) Pursuant to a permit from the department issued under
20regulations as the commission may prescribe.

21(c) In the pursuit of agriculture.

22

begin deleteSEC. 2.end delete
23
begin insertSEC. 4.end insert  

Article 4 (commencing with Section 5085) is added
24to Chapter 1.2 of Division 5 of the Public Resources Code, to read:

25 

26Article 4.  Unmanned Aircraft Systems
27

 

begin delete
28

5085.  

(a) On or before January 1, 2018, the Department of
29Parks and Recreation shall develop regulations governing the
30launching, landing, or ground-based operation of unmanned aircraft
31systems, commonly known as drones, from or on the public lands
32and waters managed by the department.

33(b) In developing regulations pursuant to subdivision (a), the
34department shall address all of the following:

35(1) Protecting wildlife from unnecessary harassment or
36disturbance.

37(2) Protecting sensitive species, including those listed as
38threatened or endangered, or that have other protected status.

P6    1(3) Protecting wildlife at times of the year where incidents may
2have disproportionate effects, including, but not limited to, during
3nesting, breeding, gestation, and migration seasons.

4(4) Protecting the natural, cultural, and historic values of state
5lands.

6(5) Permitting the appropriate use of unmanned aircraft systems
7for conservation and scientific research purposes.

8(6) Ensuring that unmanned aircraft systems are not operated
9in a careless or reckless manner, including ensuring that operators
10adhere to visual line-of-sight practices.

11(c) In developing the regulations, the department shall allow de
12minimis access by adjacent landowners for agricultural purposes.

13(d) This section does not apply to the operation of an unmanned
14aircraft system by any person who the Federal Aviation
15Administration authorizes to operate a remote piloted aircraft for
16a commercial purpose and who operates it in a manner that
17complies with that authorization.

18(e) The provisions of this section are severable. If any provision
19of this section or its application is held invalid, that invalidity shall
20not affect other provisions or applications that can be given effect
21without the invalid provision or application.

end delete
begin insert
22

begin insert5085.end insert  

(a) It shall be unlawful for any person to launch, land,
23or operate an unmanned aircraft system from Department of Parks
24and Recreation managed lands or waters, except as authorized by
25the department, or unless otherwise exempted from this article.

26
(b) In reviewing a request for department authorization for the
27use of an unmanned aircraft system, the department may consider
28any of the following:

29
(1) Protecting wildlife and visitors from unnecessary harassment
30or disturbance.

31
(2) Harm to sensitive species, including those listed as
32threatened or endangered, or that have other protected status.

33
(3) Disruption to wildlife at times of the year where incidents
34may have disproportionate effects, including, but not limited to,
35during nesting, breeding, gestation, and migration seasons.

36
(4) The natural, cultural, and historic value of the managed
37land or water.

38
(5) The purpose of the department managed land or water.

P7    1
(6) Operation of an unmanned aircraft system in a careless or
2reckless manner, including an operator’s failure to adhere to visual
3line-of-sight practices.

4
(7) Other special purposes as approved by the department.

5
(c) The prohibition in subdivision (a) does not apply to any of
6the following:

7
(1) The appropriate use of unmanned aircraft systems for
8conservation and scientific research purposes.

9
(2) De minimis access by adjacent landowners for agricultural
10purposes.

11
(3) Legitimate news gathering activity by a person described
12in Section 1070 of the Evidence Code.

13
(d) This section does not apply to the operation of an unmanned
14aircraft system by any person who the Federal Aviation
15Administration, whether by permit, license, rule, or regulation,
16authorizes to operate a remote piloted aircraft for a commercial
17purpose and who operates it in a manner that complies with that
18authorization.

19
(e) The provisions of this section are severable. If any provision
20of this section or its application is held invalid, that invalidity shall
21not affect other provisions or applications that can be given effect
22without the invalid provision or application.

end insert
23

begin deleteSEC. 3.end delete
24
begin insertSEC. 5.end insert  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.



O

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