BILL ANALYSIS
SB 481
Page 1
Date of Hearing: June 16, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
SB 481 (Cox) - As Amended: June 11, 2009
SENATE VOTE : 36-0
SUBJECT : Airports: Wildlife
SUMMARY : Provides that a federally certified airport that
takes wildlife pursuant to a federal depredation permit does not
violate state fish and game laws if certain conditions are met.
Specifically, this bill :
1)States that it is the policy of the state to encourage safe
and biologically sound management of wildlife at public use
airports regulated by the Federal Aviation Administration
(FAA) and operated according to the FAA and federal laws.
Further states that the Department of Fish and Game (DFG)
recognizes that it is necessary for public use airports to
perform limited and authorized wildlife hazing, harassment and
depredation to protect public health, safety and welfare.
2)Provides that a public use airport certificated by the FAA
that has obtained and is in compliance with a federal
depredation permit that authorizes taking of wildlife does not
violate state fish and game laws 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 that are reserved
for habitat mitigation or conservation purposes of the
species being taken, including lands in a habitat
conservation plan (HCP) or natural communities
conservation plan (NCCP).
c) There is no taking of a fully protected species or a
candidate, threatened or endangered species.
3)Further provides that take is authorized 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.
4)Requires airports to provide to DFG all federal reports
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required pursuant to any federal depredation permit, and to
provide reasonable access to DFG for ensuring compliance.
5)Requires DFG to seek reimbursement from the airport for any
reasonable costs associated with activities resulting from any
violations of these requirements.
EXISTING LAW :
1)Authorizes, under certain conditions, the issuance of an
incidental take permit authorizing the take of wildlife
species protected under state and federal endangered species
laws, as an incidental part of ongoing, otherwise lawful,
activities.
2)Under federal FAA regulations, requires airports to take
immediate action to alleviate wildlife hazards, and requires
development of a Wildlife Hazard Management Plan (WHMP) in the
event of incidents or damages caused by wildlife. WHMPs
address three types of activities: habitat modification,
harassment (hazing), and, as a last resort, removal.
3)Under federal law, authorizes the United State Fish and
Wildlife Service (USFWS) to issue a depredation permit
authorizing the incidental take of wildlife at airports to
minimize risk of bird strikes.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : The author states that the purpose of this bill is
to make clear in state law that airports operating in compliance
with federally-issued depredation permits do not violate state
fish and game laws by taking wildlife that pose a danger to the
operation of aircraft at those airports. Currently, there is no
specific law in California explicitly authorizing officials at
airports to conduct their federally-authorized activities in
furtherance of protecting public safety in airline operations.
The author cites a 2007 incident wherein a state fish and game
warden threatened to arrest Sacramento International Airport
wildlife management personnel when responding to a citizen
complaint that airport personnel were harassing birds at the
Sacramento airport. The author notes that a number of meetings
and discussions were held after which it was agreed that the
airport would better inform DFG of airport activities, but that
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both DFG and the airport agreed there was a need for the
airport's authority to be clearly delineated in state law.
According to the sponsors, Sacramento International Airport has
the highest number of bird strikes occurring in the FAA's
Western-Pacific Region and the sixth highest number in the
nation. The collision of birds with a US Airways flight in New
York this past January and the safe emergency landing of the
aircraft demonstrated that bird strikes do occur and can have
dramatic and life-threatening consequences. In early April a
United Airlines flight at Sacramento International Airport also
sustained a bird strike during departure, but was safely able to
land. Sacramento County notes that this bill is needed because
state law does not explicitly allow for public airports to take
wildlife as a last resort, or to carry out other methods to
protect public safety during airplane departures and arrivals.
While public safety is of paramount concern, there is also
concern that nonlethal methods of deterring wildlife be used
where possible, and that killing of wildlife be used as a last
resort where other nonlethal methods have proved inadequate.
In other cases, lands owned or leased by airports have been
specifically required to be reserved for wildlife habitat for
endangered species, and wildlife may be attracted to those lands
for that reason. Amendments previously taken to this bill
ensure that the authorization does not allow the taking of
wildlife on lands owned or leased by the airport that were
reserved for habitat mitigation or conservation purposes for the
particular species being taken, and does not extend to the
taking of endangered, threatened or fully protected species.
The amendments further clarify that the take is authorized only
for public safety purposes as part of an integrated wildlife
management program that emphasizes nonlethal management
techniques.
Finally, to further the goal of communication, this bill
requires the airport to provide to DFG all federal reports
required pursuant to any federal depredation permit, and to
provide DFG reasonable access for compliance purposes.
Suggested Amendments :
In addition to depredation permits, as explained above if an
airport has experienced airstrikes or other wildlife incidents,
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they are required under federal law to have a Wildlife Hazard
Management Plan (WHMP). The current language of the bill
requires that the airport provide DFG with all federal reports
required pursuant to any federal depredation permit, but not
with regard to the WHMP. Staff recommends that the committee
adopt an amendment requiring that the airport also provide DFG
with all federal reports required pursuant to any Wildlife
Hazard Management Plan. That sentence of the bill would then
read as follows:
"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
any Wildlife Hazard Management Plan, and shall also provide
reasonable access to the department for purposes of ensuring
compliance with this article."
REGISTERED SUPPORT / OPPOSITION :
Support
County of Sacramento (sponsor)
Air Line Pilots Association, International
Air Transport Association
Aircraft Owners and Pilots Association
Airports Council International
American Airlines
Am. Assoc. of Airport Exec., Southwest Chapter
Association of California Airports
Association of Flight Attendants
Bob Hope Airport
California Special Districts Association
California State Association of Counties
California Transportation Commission
California Travel Industry Association
City of Chico
City of San Jose
Delta Air Lines
Fresno Yosemite International Airport
Long Beach Airport
Modesto City-County Airport
Monterey Peninsula Airport District
National Business Aviation Association
Orange County Board of Supervisors
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Palm Springs International Airport
Port of Oakland and Oakland International Airport
Redding Municipal Airport
San Diego Co. Regional Airport Authority
San Francisco International Airport
Southwest Airlines
Southwest Airlines Pilots' Association
Transport Workers Union of America
Ukiah Airport Commission
United Airlines
US Airways
Ventura County Department of Airports
Opposition
None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096