BILL NUMBER: SB 481 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 16, 2009
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)
( Coauthor: Assembly Member
Niello )
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 the taking
of birds by 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 and if
the taking is in compliance with that permit 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 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 depredation permits and all federal reports
required pursuant to a any federal
depredation permit or Wildlife Hazard Management Plan, or both, and
to provide the department reasonable access 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 Legislature
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 Legislature 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 The taking of birds by 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 birds , does not
violate any provision of this code or regulations adopted pursuant to
this code , if if the taking is in
compliance with the federal depredation permit for the purposes sp
ecified in Section 3472.1 and 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, 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 any federal
depredation permit and 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.