BILL NUMBER: SB 481	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 11, 2009
	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   performs 
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, 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 specify that a taking is only
authorized to relieve or prevent injurious situations affecting
public safety and can only be performed as part of an integrated
wildlife management program that emphasizes nonlethal management
techniques. 
   The bill would require the airport to provide to the department
all federal reports required pursuant to a federal depredation permit
and to provide the department reasonable access to airport land to
ensure compliance. 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  or conservation
 purposes  of the species being taken  , 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.  Take is authorized pursuant to this article only to
relieve or prevent injurious situations affecting public safety and
shall only be performed as part of an integrated wildlife management
program that emphasizes nonlethal management techniques. 
    3472.1.   3472.2.   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 article. The department shall seek reimbursement from the public
use airport for any reasonable costs associated with activities
resulting from any violations of this article.