AB 2148, as amended, Holden. Unmanned aircraft systems: managed lands or waters: take of fish and wildlife.
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.
This bill would make it unlawful for any person to launch, land, or operate an unmanned aircraft system frombegin insert
or within lands, waters, or airspace managed by theend insert Department of Fish and Wildlife and Department of Parks andbegin delete Recreation managed lands or waters,end deletebegin insert Recreation,end insert 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.
The bill would also make it unlawful to use an unmanned aircraft system to take, or assist in thebegin delete takeend deletebegin insert takingend insert 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 prohibitionbegin delete and thusend deletebegin insert and, thus,end insert under that prohibition may not be used to pursue, drive, or herd any bird or mammal, except asbegin delete specified.end deletebegin insert specified, including, among other things, specified permits and notices.end insert
Because violations of the provisions of the bill would be crimes, the bill would impose a state-mandated local program.
The bill would provide that certain of 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:
It is the intent of the Legislature that the state
2fully cooperate with the Federal Aviation Administration regarding
3the appropriate division of responsibility for the regulation of
P3 1unmanned aircraft systems between the federal and state
2governments so that the state may reserve and fully exercise any
3and all appropriate authority pursuant to federal laws as they exist
4in their current form and as they may be further amended hereafter.
Section 1746 is added to the Fish and Game Code, to
7read:
(a) It shall be unlawful for any person to launch, land,
9or operate an unmanned aircraft system frombegin delete department managedend delete
10begin insert department-managedend insert lands, as defined in Section 1745,begin insert or within
11department-managed airspace,end insert except as authorized by the
12department, or unless otherwise exempted from this section.
13(b) In reviewing a request for department authorization for the
14use of an unmanned aircraft system, the department may consider
15any of the following:
16(1) Protecting wildlife and visitors from unnecessary harassment
17or disturbance.
18(2) Harm to sensitive species, including those listed as threatened
19or endangered,
or that have other protected status.
20(3) Disruption to wildlife at times of the year where incidents
21may have disproportionate effects, including, but not limited to,
22during nesting, breeding, gestation, and migration seasons.
23(4) The natural, cultural, and historic value of the
24department-managed land.
25(5) The purpose of the department-managed land.
26(6) Operation of an unmanned aircraft system in a careless or
27reckless manner, including an operator’s failure to adhere to visual
28line-of-sight practices.
29(7) Other special purposes as approved by the department.
end delete
30
(b) The prohibition in subdivision (a) pertaining to the operation
31of unmanned aircraft systems within department-managed airspace
32does not apply to the operation of an unmanned aircraft system
33by a person whom the Federal Aviation Administration, whether
34by permit, license, rule, or regulation, authorizes to operate a
35remotely piloted aircraft for a commercial purpose and that is
36operated in a manner that complies with that authorization and
37the applicable regulations of the department.
38(c) The prohibition in subdivision (a) does not apply to any of
39the following:
P4 1(1) The appropriate use of unmanned aircraft systems for
2conservation and scientific research purposes.
3(2) De minimis access by adjacent landowners for agricultural
4purposes.
5(3)
end delete
6begin insert(2)end insert Legitimatebegin delete news gatheringend deletebegin insert news-gatheringend insert activity by a
7person described in Section 1070 of the Evidence Code.
8(d) This section does not apply to the operation of an unmanned
9aircraft system by any person who the Federal Aviation
10Administration, whether by permit, license, rule, or regulation,
11authorizes to operate a remote piloted aircraft for a commercial
12purpose and who operates it in a manner that
complies with that
13authorization.
14
(d) The department may draft regulations consistent with this
15section and the Administrative Procedure Act (Chapter 3.5
16(commencing with Section 11340) of Part 1 of Division 3 of Title
172 of the Government Code).
18
(e) In reviewing a request to use an unmanned aircraft system
19and in drafting the regulations authorized pursuant to subdivision
20(d), the department may consider any of the following:
21
(1) Protection of wildlife and visitors from harassment or
22disturbance.
23
(2) Harm to sensitive species, including those listed as
24threatened or endangered or that have other protected status.
25
(3) Disruption to wildlife at times of the year when incidents
26may have adverse effects, including, but not limited to, nesting,
27breeding, gestation, and migration seasons.
28
(4) The natural, cultural, and historic value of the
29department-managed lands.
30
(5) The purpose of the department-managed lands.
31
(6) Operation of an unmanned aircraft system in a careless or
32reckless manner, including an operator’s failure to adhere to visual
33line-of-sight practices.
34
(7) Other special purposes as approved by the department.
35(e)
end delete
36begin insert(f)end insert The provisions of this section are severable. If any provision
37of this section or its application is held invalid, that invalidity shall
38not affect other provisions or applications that can be given effect
39without the invalid provision or application.
Section 2001.5 is added to the Fish and Game Code,
3to read:
It shall be unlawful to use an unmanned aircraft system
5to take, or assist in thebegin delete takeend deletebegin insert takingend insert of, fish or wildlife, including,
6but not limited to, the use of unmanned aircraft systems for
7scouting purposes.
Section 3003.5 of the Fish and Game Code is amended
10to read:
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, unmanned aircraft
14system, 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.begin insert With respect
to
21unmanned aircraft systems, this subdivision shall include a lawful
22predation permit issued by the department, notice to the department
23of the intended use of an unmanned aircraft system, approval from
24the department, and notice to the landowner.end insert
25(c) In the pursuit of agriculture.
Article 4 (commencing with Section 5085) is added
28to Chapter 1.2 of Division 5 of the Public Resources Code, to read:
29
(a) It shall be unlawful for any person to launch, land,
33or operate an unmanned aircraft system frombegin delete Department of Parks begin insert department-managed
34and Recreation managed lands or waters,end delete
35lands or waters or within department-managed airspace,end insert except
36as authorized by the department, or unless otherwise exempted
37from this article.
38(b) In reviewing a request for department authorization for the
39use of an unmanned aircraft system, the department may consider
40any of the following:
P6 1(1) Protecting wildlife and visitors from unnecessary harassment
2or disturbance.
3(2) Harm to sensitive species, including those listed as threatened
4
or endangered, or that have other protected status.
5(3) Disruption to wildlife at times of the year where incidents
6may have disproportionate effects, including, but not limited to,
7during nesting, breeding, gestation, and migration seasons.
8(4) The natural, cultural, and historic value of the managed land
9or water.
10(5) The purpose of the department managed land or water.
11(6) Operation of an unmanned aircraft system in a careless or
12reckless manner, including an operator’s failure to adhere to visual
13line-of-sight practices.
14(7) Other special purposes as approved by the department.
end delete
15
(b) The prohibition in subdivision (a) pertaining to the operation
16of unmanned aircraft systems within department-managed airspace
17does not apply to the operation of an unmanned aircraft system
18by a person whom the Federal Aviation Administration, whether
19by permit, license, rule, or regulation, authorizes to operate a
20remotely piloted aircraft for a commercial purpose and that is
21operated in a manner that complies with that authorization and
22the applicable regulations of the department.
23(c) The prohibition in subdivision (a) does not apply to any of
24the following:
25(1) The appropriate use of unmanned aircraft systems for
26conservation and scientific research purposes.
27(2) De minimis access by adjacent landowners for agricultural
28purposes.
29(3)
end delete
30begin insert(2)end insert Legitimatebegin delete news gatheringend deletebegin insert news-gatheringend insert activity by a
31person described in 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
(d) The department may draft regulations consistent with this
39section and the Administrative Procedure Act (Chapter 3.5
P7 1(commencing with Section 11340) of Part 1 of Division 3 of Title
22 of the Government Code).
3
(e) In reviewing a request to use an unmanned aircraft system
4and in drafting the regulations authorized pursuant to subdivision
5(d), the department may consider any of the following:
6
(1) Protection of wildlife and visitors from harassment or
7disturbance.
8
(2) Harm to sensitive species, including those listed as
9threatened or endangered or that have other protected status.
10
(3) Disruption to wildlife at times of the year when incidents
11may have adverse effects, including, but not
limited to, nesting,
12breeding, gestation, and migration seasons.
13
(4) The natural, cultural, and historic value of the
14department-managed lands.
15
(5) The purpose of the department-managed lands.
16
(6) Operation of an unmanned aircraft system in a careless or
17reckless manner, including an operator’s failure to adhere to visual
18line-of-sight practices.
19
(7) Other special purposes as approved by the department.
20(e)
end delete
21begin insert(f)end insert The provisions of this section are severable. If any provision
22of this section or its application is held invalid, that invalidity shall
23not affect other provisions or applications that can be given effect
24without the invalid provision or application.
No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California
34Constitution.
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