BILL NUMBER: SB 481	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2009

INTRODUCED BY   Senator Cox
    (   Principal coauthor:   Senator 
 Steinberg   ) 

                        FEBRUARY 26, 2009

   An act to add Article 8 (commencing with Section 3470) to Chapter
2 of Part 1 of Division 4 of the Fish and Game Code, relating to
wildlife.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 481, as amended, Cox. Airports: wildlife.
   Existing law regulates the taking or possession of birds, mammals,
fish, amphibians, and reptiles. Existing law generally provides that
a violation of fish and game laws is a crime.
   This bill would provide that  , notwithstanding any other
provision of law,  a public use airport certificated by the
Federal Aviation Administration operating in the state that takes
wildlife  to protect public safety  pursuant to
 federal law, including  a federal depredation
permit, does not violate state fish and game laws  , provided
that the taking occurs on land owned or leased by the  
airport that is not habitat mitigation land, and there is no taking
of an endangered species or candidate threatened or endangered
species  .  .  
   The bill would require the airport to provide all federal reports
required pursuant to a federal depredation permit to also be provided
to the department and that the department be provided reasonable
access to airport land to ensure compliance. The bill would allow the
department to seek reimbursement from the airport for any actions
taken by the department pursuant to these provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 8 (commencing with Section 3470) is added to
Chapter 2 of Part 1 of Division 4 of the Fish and Game Code, to read:


      Article 8.  Management of Wildlife at Public Use Airports


   3470.  It is the policy of the state to actively encourage the
safe and biologically sound management of wildlife resources on
California's public use airports as regulated by the Federal Aviation
Administration (FAA) and its agents. The Legislature recognizes that
public use airports serving in the United States are operated
according to regulations and policies promulgated by the FAA and
federal law that protect the health, safety, and welfare of the
public in compliance with applicable FAA regulations, standards,
policies, and guidance, wildlife hazard management plans, and
associated permits.
   3471.  The department recognizes that, in  its 
 a public use airport's  ongoing efforts to protect the
health, safety, and welfare of the traveling public in compliance
with Federal Aviation Administration (FAA) regulations, and
specifically Section 337 of Part 139 of Title 14 of the Code of
Federal Regulations, it is necessary to perform  limited and
authorized  wildlife hazing, harassment, and depredation. The
department further recognizes that FAA certificated public use
airports and their wildlife hazard management staff must harass,
haze, or perform removal of species to protect the health, safety,
and welfare of the public when authorized by a current, valid federal
fish and wildlife depredation permit, even if these takings
are prohibited by, or not addressed by, other provisions of this
code. 
    3472.    Notwithstanding any other
provision of law, a public use airport certificated by the Federal
Aviation Administration operating in the state that takes wildlife to
protect public safety pursuant to federal law, including a federal
depredation permit, does not violate any provision of this code or
regulations adopted pursuant to this code.   wildlife
depredation permit.  
   3472.  A public use airport certificated by the Federal Aviation
Administration to operate in California that has obtained, and is in
compliance with, a federal depredation permit that authorizes, under
specified conditions, the lawful and incidental taking of wildlife,
does not violate any provision of this code or regulations adopted
pursuant to this code, if all of the following conditions are met:
   (a) The taking occurs on lands owned or leased by the airport.
   (b) The taking does not occur on lands owned or leased by the
airport that are reserved for habitat mitigation purposes, including
lands in a habitat conservation plan, or a natural communities
conservation plan.
   (c) There is no taking of a fully protected species or candidate,
threatened, or endangered species.  
   3472.1.  A public use airport certificated by the Federal Aviation
Administration shall provide to the department all federal reports
required pursuant to any federal depredation permit, and shall also
provide reasonable access to the department for purposes of ensuring
compliance with this section. The department may seek reimbursement
from the public use airport for actions taken pursuant to this
section.