BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2148 (Holden) - Unmanned aircraft systems: managed lands or
waters: take of fish and wildlife
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|Version: June 22, 2016 |Policy Vote: N.R. & W. 6 - 2 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 8, 2016 |Consultant: Narisha Bonakdar |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary:1) AB 2148 makes it unlawful to launch, land, or operate an
unmanned aircraft system (drone) from or on lands managed by the
California Department of Parks and Recreation (CDPR) and the
California Department of Fish and Wildlife (CDFW), collectively
departments. The bill also prohibits the use of drones to
assist in the taking of fish or wildlife, and specifies
exemptions.
Fiscal Impact:
No additional cost to CDPR, which is currently developing a
regulation consistent with the requirements of this bill.
Unknown, likely significant, costs for CDFW to modify an
existing regulation that generally encompasses use of aircraft
over department lands.
Potential, likely minor, additional enforcement costs to both
departments, which may be offset to some extent by additional
penalty revenue resulting from the new crime created in this
bill. Note that the bill does not specify a penalty.
Background:
Federal Aviation Administration. Federal law authorizes the
Federal Aviation Administration (FAA) to regulate airspace use,
including air traffic control, air safety, and aircraft noise.
FAA is required to integrate drone operations into the national
airspace system and to develop certification requirements for
operation of drone.
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Federal regulations require federal registration of a drone
weighing more than 0.55 pounds and less than 55 pounds before it
can be flown outdoors, and require that the identification
number issued with the registration is affixed to the drone.
Persons under 13 years of age are prohibited from registering a
drone.
Under federal regulations, drone use in national parks is banned
without a permit.
California Department of Parks and Recreation. CDPR manages
California's state park system, comprised of 280 State Parks,
State Natural Reserves, State Historic Parks, State Historic
Monuments, State beaches, State Recreation Areas, State
Vehicular Recreation Areas, State Seashores and State Marine
Parks that are visited by over 67 million visitors each year.
Together, State Park System lands protect and preserve
culturally and environmentally sensitive structures and
habitats, threatened plant and animal species, ancient Native
American sites, historic structures and artifacts.
CDPR is authorized to establish rules and regulations for the
administration of state park properties. Under existing state
law, the use of aircraft (or parachutes, hang gliders,
parasails, and balloons) is prohibited, by regulation, below 500
feet over a state park unless specifically authorized by CDPR. A
person is also prohibited from engaging in recreational
activities in state parks that endanger the safety of persons,
property, or resources, or that interfere with visitor
activities, except as permitted by CDPR.
Drones in federal Parks. Drones are currently banned by
regulation in all national parks. In addition to the big horn
sheep stampede in Zion National Park, in late 2014 a tourist was
fined for crashing a drone into Yellowstone National Park's
Grand Prismatic Spring. The National Park Service reported at
least 10 drone incidents in National Park Service areas of
Washington, D.C. in 2015, including a December 16 citation of a
man operating a drone near the Washington Monument. There is no
system-wide drone policy in California for state parks.
However, restrictions on drone use have been put in place in
some state parks by CDPR district superintendents.
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California Department of Fish and Wildlife. As the trustee of
California's fish, wildlife, and plant resources, CDFW manages
more than 1 million acres of fish and wildlife habitat on 711
properties throughout the state. It also regulates hunting and
sport fishing within the state, and implements various other
statutes and regulations developed by the Legislature and the
Fish and Game Commission.
Existing law establishes numerous restrictions on methods of
take that may be used for hunting and fishing in California, and
defines take as to "hunt, pursue, catch, capture, or kill, or
attempt to hunt, pursue, catch, capture, or kill". Existing law
also prohibits the willful interference with participation of
any individual in lawful hunting or fishing activities;
interference is defined as any action that physically impedes,
hinders or obstructs these lawful pursuits, including but not
limited to frightening away animals.
Drone use in Fishing and Hunting. Several states have enacted or
are considering laws prohibiting the use of drone in hunting and
fishing, as well as the use of drone to interfere with hunters
and fishers. A 2014 Field and Stream article described "predator
drones" with thermal imaging cameras that can spot and radio
wildlife locations to hunters, who then find and engage the
animals with rifles equipped with night vision cameras.
California law currently prohibits the use of night vision
equipment for hunting, and prohibits online shooting, defined as
the use of a computer or other device to remotely control the
aiming or discharge of a weapon.
Proposed Law:
This bill:
1)Makes it unlawful to launch, land, or operate a drone from or
on lands managed by CDPR and CDFW, except as authorized by
CDPR and CDFW.
2)Prohibits the use of drones to assist in the taking of fish or
wildlife.
3)Exempts the following from the prohibition:
a. A person licensed by the FAA to operate a drone for
commercial purposes if the operation is in compliance
AB 2148 (Holden) Page 3 of
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with relevant laws and regulations.
b. Drone use for conservation or scientific research
purposes.
c. Drone use for legitimate newsgathering.
4)Authorizes the departments to develop regulations, and
specifies that, in drafting the regulations, the departments
may consider the following:
a. Protection of wildlife and visitors from harassment.
b. Harm to sensitive species.
c. Disruption of wildlife at times when incidents have
an adverse effect.
d. The natural, historical, or cultural value of the
land.
e. The purpose of the department-managed land.
f. Careless operation of drones.
g. Other special purposes as approved by the
departments.
5)Specifies that the provisions of the bill are severable if any
provision is found invalid.
Related Legislation:
SB 868 (Jackson) of 2016 would establish the State Remote
Piloted Aircraft Act, which governs where and drone may operate,
and establishes state-level regulatory and enforcement authority
over drone for the California Department of Transportation, the
California Office of Emergency Services, CDFW, Department of
Water Resources, and the California Highway Patrol. SB 868
failed passage in Assembly Privacy and Consumer Protection
Committee.
SB 142 (Jackson) of 2015 would have made the operation of a
drone below the navigable airspace overlying the property of
another without permission, a trespass. SB 142 was vetoed by the
Governor.
SB 70 (Gaines) of 2015 would have prohibited the operation of a
drone over a jail. SB 70 was vetoed by the Governor.
SB 271 (Gaines) of 2015 would have prohibited operation of a
drone over a school. SB 271 was vetoed by the Governor.
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AB 14 (Waldron) of 2015 proposed to establish a drone task force
to recommend policies regulating drone use. AB 14 failed passage
in the Assembly Transportation Committee.
AB 1327 (Gorell) of 2014 would have regulated the use of
unmanned aircraft systems by public agencies and the
dissemination and use of any images, data and footage obtained
by those systems. AB 1327 was vetoed by the Governor.
Staff
Comments:
Purpose. According to the author, "Current California law
provides little guidance regarding the use of drone on state
owned and managed open spaces, wildland preserves and parks. A
growing body of evidence suggests drones impact wildlife in ways
that are not readily apparent to humans. A drone was determined
to be the cause of a big horn sheep stampede in Zion National
Park. Studies and articles also suggest that drones cause
distress to bears, sea lions and gulls. To ensure that wildlife
on public lands are safe from inadvertent harm from drones, this
bill directs the agencies responsible for protecting
California's wildlife and bird populations to develop a coherent
set of regulations to protect animals and Californians enjoying
the outdoors in a manner that maintains drone users' basic
rights to use their devices in the outdoors."
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