BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 481
                                                                  Page  1

          Date of Hearing:   July 1, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                      SB 481 (Cox) - As Amended:  June 18, 2009 

          Policy Committee:                              WPW  Vote:12-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill explicitly authorizes an airport certified by the  
          Federal Aviation Administration to harass, haze, or take  
          wildlife pursuant to a federal depredation permit, if certain  
          conditions are met, including that land is not reserved for  
          habitat mitigation or conservation purposes of the wildlife in  
          question. The bill further requires an airport to provide the  
          Department of Fish and Game (DFG) with all federal reports  
          required pursuant to any federal depredation permit. 

           FISCAL EFFECT  

          Minor, absorbable costs, if any.

           COMMENTS  

           1)Rationale  .  The author's intent is to establish in state law  
            that airports that harass or take wildlife pursuant to  
            federally-issued depredation permits for aviation safety do  
            not violate state fish and game laws.  Currently, state law  
            does not explicitly authorize airport personnel to undertake  
            such activities.  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. 

           2)Background  .  Birds frequently collide with aircraft.  In  
            January, bird strikes caused a US Airways flight in New York  
            to make and emergency landing in the Hudson River.  Locally,  
            in early April, a United Airlines flight at Sacramento  
            International Airport, which has one of the nation's highest  








                                                                  SB 481
                                                                  Page  2

            incidents of bird strikes, was forced to land after colliding  
            with birds.  Despite the safe landing of these flights, the  
            consequences of bird strikes can be deadly.  In recognition of  
            the danger wildlife near airports can pose to public health  
            and safety, federal law authorizes federally certified  
            airports to harass, haze and take (kill) otherwise protected  
            wildlife.  State law, however, does not explicitly authorize  
            such activity.
           
           3)Supporters  , including numerous airports and local government  
            organizations, claim this bill will provide clarification that  
            will help to avoid future conflict between airport personnel  
            and state laws to protect wildlife and the DFG personnel  
            assigned to enforce those laws.
           
             There is no registered opposition to this bill.

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081