BILL NUMBER: SB 481	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 14, 2009
	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.  Under existing law, the
Department of Fish and Game exercises various functions with regards
to the taking of Fish and game.  Existing law generally provides
that a violation of fish and game laws is a crime.
   This bill would provide that a public use airport certificated by
the Federal Aviation Administration operating in the state that takes
wildlife pursuant to a federal depredation permit, does not violate
state fish and game laws,  provided that   if
 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  to the
department  all federal reports required pursuant to a federal
depredation permit  to also be provided to the department and
that the department be provided   and to provide the
department  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.   The bill
would require the department to seek reimbursement from the airport
for the reasonable costs associated with activities resulting from
any violations of these provisions. 
   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.  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 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.
   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   article  .
The department  may seek reimbursement from the public use
airport for actions taken pursuant to this section.  
shall seek reimbursement from the public use airport for any
reasonable   costs associated with activities resulting from
any violations of this article.