BILL NUMBER: AB 1956 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 16, 2010
INTRODUCED BY Assembly Member Monning
FEBRUARY 17, 2010
An act to amend Section 1502 of, and to add Section 1502.5 to, the
Fish and Game Code, and to amend Section 19348 of the Food and
Agriculture Agricultural Code, relating
to wildlife.
LEGISLATIVE COUNSEL'S DIGEST
AB 1956, as amended, Monning. California condors: feeding.
Existing law authorizes the Department of Fish and Game, in
accordance with policies established by the Fish and Game Commission,
to provide for the feeding of game birds, mammals, or fish when
natural foods for those animals are not available and to provide
suitable feeding areas.
This bill would expand that feeding authorization to also allow
the feeding of birds other than game birds , and feeding that
aids the recovery of a threatened or endangered species . The
bill would require, if the department enters into a memorandum of
understanding with participants in a condor preservation program to
allow for the feeding of free-ranging California condors, that the
terms of the memorandum of understanding be consistent with
prescribed guidelines for feed animals and feeding sites. The bill
would require the department to revise any term of a memorandum of
understanding in effect on January 1, 2011, that is inconsistent with
those guidelines.
Existing law generally prohibits the transport of dead animals to
any place other than prescribed locations, except under certain
circumstances, including transport pursuant to prescribed waivers or
permits.
This bill would exempt the department from that transport
prohibition when engaged in providing food for free-ranging
California condors pursuant to the bill.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1502 of the Fish and Game Code is amended to
read:
1502. The department, in accordance with policies established by
the commission, may provide for the feeding of birds, mammals, or
fish when natural foods for those birds, mammals, or fish are not
available, or if feeding aids the recovery of a threatened or
endangered species, and may provide suitable area or areas for
that feeding , and may for those purposes expend money as
necessary from the Fish and Game Preservation Fund .
SEC. 2. Section 1502.5 is added to the Fish and Game Code, to
read:
1502.5. (a) If the department enters into a memorandum of
understanding with participants in a condor preservation program to
allow for the feeding of free-ranging California condors under
Section 1502, the terms of the memorandum of understanding shall be
consistent with the following guidelines:
(1) The following animals may be used to feed free-ranging
California condors:
(A) Livestock animals from dairies or other livestock operations,
if the animals are euthanized by shooting with nonlead ammunition or
die from natural causes.
(B) Wildlife killed by traffic on state highways and collected by
the Department of Transportation.
(C) Animals that die from natural causes on private property, if
transported to the feeding site by the landowner.
(2) A feeding site for California condors shall be
located as follows all of the following :
(A) A safe distance from nearby hazards, including, but not
limited to, turbines or overhead wires.
(B) On properties of 100 acres or more, with a setback of one-half
mile from the property line.
(C) On a hill or knoll predominately covered by grass and not
under a tree canopy or within 100 feet of a stream, lake, or other
body of water.
(D) Within, or adjacent to, the current range of the California
condor or within an area subject to an effort to reintroduce the
California condor.
(b) In preparing the memorandum of understanding pursuant to
subdivision (a), the department may work in conjunction with the
State Veterinarian.
(c) In preparing the memorandum of understanding pursuant to
subdivision (a), the department shall work in conjunction with
federal agencies that work to preserve the California condor.
(c)
(d) The department shall revise any term of a
memorandum of understanding in effect on January 1, 2011, that is
inconsistent with the guidelines in subdivision (a) to conform to
those guidelines.
SEC. 3. Section 19348 of the Food and Agricultural Code is amended
to read:
19348. (a) Unless a waiver is granted by the State Veterinarian
in conjunction with implementation of Section 9562 or a declaration
of a state of emergency or local emergency, as defined in
subdivisions (b) and (c) of Section 8558 of the Government Code,
pursuant to the California Emergency Services Act (Chapter 7
(commencing with Section 8550) of Division 1 of Title 2 of the
Government Code), a dead animal hauler or any other person shall not
transport any dead animal to any place, other than to a licensed
rendering plant, a licensed collection center, an animal disease
diagnostic laboratory acceptable to the department, the nearest
crematory, or to a destination in another state that has been
approved for that purpose by the appropriate authorities in that
state.
(b) The secretary may issue a master or individual permit to a
licensed renderer, collection center, or dead animal hauler for the
purpose of authorizing transport of a dead animal to an appropriately
permitted landfill under either of the following circumstances:
(1) During a proclaimed state of emergency or local emergency, as
defined in subdivisions (b) and (c) of Section 8558 of the Government
Code.
(2) When the licensed hauler has certification from a licensed
renderer that the licensed renderer cannot process the dead animal
due to operational conditions or legal or regulatory requirements or
constraints. The certification shall be in a form approved by the
department and, for purposes of this paragraph, "licensed hauler"
shall include licensed collection centers and renderers.
(c) Nothing in this section shall be interpreted to conflict with
any state or federal environmental or zoning law, or to prohibit an
owner of a live animal from burying the animal on the owner's
property after the animal dies if the burial is within three miles of
where the animal died.
(d) Subdivision (a) does not apply to the Department of
Transportation or to local agencies having jurisdiction over a road
or highway when engaged in removing animal carcasses from the road or
highway.
(e) Subdivision (a) does not apply to the Department of Fish and
Game when engaged in providing food for free-ranging California
condors pursuant to Section 1502 of the Fish and Game Code.