Amended in Senate August 19, 2016

Amended in Senate August 2, 2016

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 Bill No. 2148

Introduced by Assembly Member Holden

February 17, 2016

An act to amend Section 3003.5 of, and to add Sections 1746 and 2001.5 to, 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 managed lands or waters: take of fish and wildlife. end delete begin insert operation or use within or over state-managed lands or waters. 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.

This bill would make it unlawful for any person to begin delete launch, land, or end delete operate an unmanned aircraft system begin delete from or within lands, waters, or airspace end delete begin insert in, or fly an unmanned aircraft system over, lands or waters end insert managed by the Department of Fish and Wildlife and Department of Parks and Recreation, except as authorized begin delete by these departments, end delete or unless exempted from this prohibition. The bill would authorize the begin delete departments to consider end delete begin insert consideration of end insert certain factors when reviewing a request for begin delete the departments’ end delete 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 the begin delete taking end delete begin insert take end insert of, fish or begin delete wildlife, end delete begin insert wildlife for sport purposes, end insert 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, including, among other things, specified permits and notices.

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 begin delete any person who end delete begin insert a state agency within or over these managed lands or waters, or to any person whom end insert the Federal Aviation Administration authorizes to operate begin delete a remote piloted end delete begin insert an unmanned end insert aircraft begin insert system end insert 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:

SECTION 1.  

It is the intent of the Legislature that the state
fully cooperate with the Federal Aviation Administration regarding
the appropriate division of responsibility for the regulation of
unmanned aircraft systems between the federal and state
governments so that the state may reserve and fully exercise any
and all appropriate authority pursuant to federal laws as they exist
in their current form and as they may be further amended hereafter.

SEC. 2.  

Section 1746 is added to the Fish and Game Code, to
read:

1746.  

(a) It shall be unlawful for any person to begin delete launch, land,
or end delete operate an unmanned aircraft system begin delete from department-managed
lands, as defined in Section 1745, or within department-managed
airspace, end delete begin insert in, or fly an unmanned aircraft system over, the
department’s managed lands or waters, end insert except as authorized by
the department, or unless otherwise exempted from this section.

(b) The prohibition in subdivision (a) begin delete pertaining end delete begin insert does not apply end insert
to the operation of begin insert an end insert unmanned aircraft begin delete systems within
department-managed airspace does not apply to the operation of
an unmanned aircraft system by a person whom the Federal
Aviation Administration, end delete begin insert system by a state agency within or over
department-managed lands or waters, or to any person whom the
Federal Aviation Administration, end insert whether by permit, license, rule,
or regulation, authorizes to operate begin delete a remotely piloted end delete begin insert an unmanned end insert
aircraft begin insert system end insert for a commercial purpose and that is operated in a
manner that complies with that authorization and the applicable
regulations of the begin delete department. end delete begin insert commission. end insert

(c) The prohibition in subdivision (a) does not apply to begin delete any of
the following: end delete begin insert legitimate news-gathering activity by a person
described in Section 1070 of the Evidence Code. end insert

begin delete

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

end delete begin delete

(2) Legitimate news-gathering activity by a person described
in Section 1070 of the Evidence Code.

end delete

(d) The begin delete department end delete begin insert commission end insert may draft regulations consistent
with this section and the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code). begin insert In drafting the regulations, the
commission shall maintain the authority to limit or revoke
approved requests for the use of an unmanned aircraft system due
to changing natural conditions or land management requirements. end insert

(e) In reviewing a request to begin insert authorize the end insert use begin insert of end insert an unmanned
aircraft system begin insert the department may, end insert and in drafting the regulations
authorized pursuant to subdivision (d), the begin delete department may end delete
begin insert commission may, end insert consider any of the following:

(1) Protection of wildlife and visitors from harassment or
disturbance.

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

(3) Disruption to wildlife at times of the year when incidents
may have adverse effects, including, but not limited to, nesting,
breeding, gestation, and migration seasons.

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

(5) The purpose of the department-managed lands.

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

begin insert

(7) De minimis access by adjacent landowners for bona fide
agricultural purposes.

end insert begin insert

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

end insert begin insert

(9) Authorization for pursuit and take for depredation purposes
pursuant to Sections 3003.5 and 4181.

end insert begin delete

(7)

end delete

begin insert (10) end insert  Other special purposes as approved by the department.

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

SEC. 3.  

Section 2001.5 is added to the Fish and Game Code,
to read:

2001.5.  

It shall be unlawful to use an unmanned aircraft system
to take, or assist in the begin delete taking end delete begin insert take end insert of, fish or begin delete wildlife, end delete begin insert wildlife for
sport purposes, end insert including, but not limited to, the use of unmanned
aircraft systems for scouting purposes.

SEC. 4.  

Section 3003.5 of the Fish and Game Code is amended
to read:

3003.5.  

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

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

(b) Pursuant to a permit from the department issued under
regulations as the commission may prescribe. With respect to
unmanned aircraft systems, this subdivision shall include a lawful
begin delete predation end delete begin insert depredation end insert permit issued by the department, notice to
the department of the intended use of an unmanned aircraft system,
approval from the department, and notice to the landowner.

(c) In the pursuit of agriculture.

SEC. 5.  

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

 

Article 4.  Unmanned Aircraft Systems

 

5085.  

(a) It shall be unlawful for any person to begin delete launch, land,
or end delete operate an unmanned aircraft system begin delete from department-managed
lands or waters or within department-managed airspace, end delete begin insert in, or fly
an unmanned aircraft system over, Department of Parks and
Recreation managed lands or waters, end insert except as authorized by the
department, or unless otherwise exempted from this article.

(b) The prohibition in subdivision (a) begin delete pertaining to the operation
of unmanned aircraft systems within department-managed airspace
does not apply to the operation of an unmanned aircraft system by
a person whom the Federal Aviation Administration, end delete begin insert does not
apply to the operation of an unmanned aircraft system by a state
agency within or over department-managed lands or waters, or
to any person whom the Federal Aviation Administration, end insert whether
by permit, license, rule, or regulation, authorizes to operate begin delete a
remotely piloted end delete begin insert an unmanned end insert aircraft begin insert system end insert for a commercial
purpose and that is operated in a manner that complies with that
authorization and the applicable regulations of the department.

(c) The prohibition in subdivision (a) does not apply to begin delete any of
the following: end delete begin insert legitimate news-gathering activity by a person
described in Section 1070 of the Evidence Code. end insert

begin delete

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

end delete begin delete

(2) Legitimate news-gathering activity by a person described
in Section 1070 of the Evidence Code.

end delete

(d) The department may draft regulations consistent with this
section and the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code). begin insert In drafting the regulations, the
department shall maintain the authority to limit or revoke approved
requests for the use of an unmanned aircraft system due to
changing natural conditions or land management requirements. end insert

(e) In reviewing a request to use an unmanned aircraft system
begin delete and end delete begin insert or end insert in drafting the regulations authorized pursuant to subdivision
(d), the department may consider any of the following:

(1) Protection of wildlife and visitors from harassment or
disturbance.

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

(3) Disruption to wildlife at times of the year when incidents
may have adverse effects, including, but not limited to, nesting,
breeding, gestation, and migration seasons.

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

(5) The purpose of the department-managed lands.

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

begin insert

(7) De minimis access by adjacent landowners for bona fide
agricultural purposes.

end insert begin insert

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

end insert begin delete

(7)

end delete

begin insert (9) end insert  Other special purposes as approved by the department.

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

SEC. 6.  

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