BILL NUMBER: SB 481	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 18, 2009
	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 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  or
conservation  land, and there is no taking of  an
endangered species or   a fully protected, 
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
 or Wildlife Hazard Management Plan, or both, 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.
   3472.2.  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  or Wildlife
Hazard Management Plan, or both , 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.