SECTIONS 3470-3472.2 - California Statutes

FISH AND GAME CODE

SECTION 3470-3472.2

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 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 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. 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 taking of
birds, does not violate any provision of this code or regulations
adopted pursuant to this code if the taking is in compliance with the
federal depredation permit for the purposes specified 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.