Bill Text: CA AB2627 | 2017-2018 | Regular Session | Amended
Bill Title: Migratory nongame birds: Migratory Bird Treaty Act: authorized take.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-08-16 - In committee: Held under submission. [AB2627 Detail]
Download: California-2017-AB2627-Amended.html
Amended
IN
Senate
July 05, 2018 |
Amended
IN
Assembly
May 25, 2018 |
Amended
IN
Assembly
April 17, 2018 |
Assembly Bill | No. 2627 |
Introduced by Assembly Member Kalra |
February 15, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 3513 of the Fish and Game Code is amended to read:It
3513.
(a) For purposes of this section, the following terms have the following meanings:
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.(a)For purposes of this section, the following terms have the following meanings:
(1)“Best management practices” means best management practices for avoiding, minimizing, and mitigating take of migratory
nongame birds.
(2)“Migratory nongame bird” means a migratory nongame bird as designated in the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) as of January 1, 2017.
(3)“Significant impact on a migratory nongame bird species” means an impact that has the potential to significantly reduce the number or the range of a migratory nongame bird.
(b)It is unlawful to take or possess any migratory nongame bird or any part of a migratory nongame bird, except as provided in subdivision (c).
(c)An entity may take a migratory nongame bird if the take is incidental to otherwise lawful activity and all of the following criteria are met:
(1)Availability of best management practices for the activity, as identified pursuant to subdivision (d), or, until identification of those practices, in a publication listed in subdivision (e).
(2)The entity certifies to the department, in accordance with the guidelines established pursuant to subdivision (d) or, until establishment of those guidelines, with the guidelines set forth in subdivision (e), that the entity will comply with the best management practices for that activity.
(3)The entity carries out the activity as certified pursuant to paragraph (2).
(d)Not later than December 31, 2019, through a public consensus-based stakeholder process, the department shall identify existing best management practices for activities that may result in
a significant impact on a migratory nongame bird species and establish certification guidelines for compliance with best management practices under this section, as follows:
(1)The best management practices identified by the department shall be determined based on the best available scientific information and other relevant information regarding best management practices in existence at the time of the department’s review. The department shall prioritize
best management practices that have the greatest impact in avoiding and minimizing take of migratory nongame birds and mitigating unavoidable significant impacts on migratory nongame birds. In identifying best management practices, the department may rely on similar best management practices developed by other state and federal agencies that meet these requirements.
(2)The certification guidelines established by the department may authorize an entity to self-certify, or, at the department’s discretion, may require the department’s approval as a condition of certification. At a minimum, the guidelines shall do all of the following:
(A)Establish deadlines for filing compliance documents.
(B)Prohibit a self-certifying entity from commencing any activity that may result in a significant impact on a migratory nongame bird species until the entity has filed its self-certification of compliance pursuant to this section with the department.
(C)Specify methods of verifying compliance over the time period during which take may occur.
(D)Specify procedures for notifying the department of noncompliance and methods for remedying noncompliance within 60 days of that notice.
(E)Require submission of an annual status report, until completion of the activity, that contains, at a minimum, the following information:
(i) The name of the entity, including the name and contact information of the person responsible for submitting the annual report.
(ii)A description of the activity, including the location, type, date of commencement, and expected duration of the activity.
(iii)Certification that the entity complied with best management practices, and properly maintained and operated all technologies connected with those practices, in the previous year.
(iv)Identification of any additional best management practices that the entity intends to employ in the future.
(v)The number, species, and date of take, if known, of migratory nongame birds taken as a result of the activity in the previous year.
(e)(1)Until the department identifies best management practices for an activity pursuant to paragraph (1) of subdivision (d), best management practices shall be the best management practices
for the activity contained, if available, in one or more of the following publications:
(A)The manual published by the Avian Power Line Interaction Committee entitled “Reducing Avian Collisions with Power Lines: The State of the Art in 2012.”
(B)The document published by the Avian Power Line Interaction Committee entitled “Suggested Practices for Avian Protection on Power Lines: The State of the Art in 2006.”
(C)The United States Fish and Wildlife Service Land-Based Wind Energy Guidelines dated March 23, 2012.
(D)The guidance document published by the United States Fish and Wildlife Service entitled “Recommended Best Practices for Communication Tower
Design, Siting, Construction, Operation, Maintenance, and Decommissioning,” as revised in August 2016.
(E)The guidance document published by the Federal Communications Commission entitled “Opportunities to Reduce Bird Collisions with Communication Towers while Reducing Tower Lighting Costs,” as updated in January 2017.
(F)The advisory circular published by the Federal Aviation Administration entitled “Obstruction Marking and Lighting Advisory Circular,” as revised in December 2015.
(2)Until the department establishes certification guidelines pursuant to paragraph (2) of subdivision (d), an entity may self-certify by submitting to the department, in a form and manner prescribed by the department, a report that contains
all of the following:
(A)The best management practices that will be employed.
(B)The species of migratory nongame birds that are expected to occur at the site.
(C)Methods of verifying compliance with the best management practices over the time period during which take may occur.
(D)Procedures for notifying the department of noncompliance and methods for remedying noncompliance within 60 days of that notice.
(E)An agreement to submit to the department an annual status report that contains the information specified in subparagraph (E) of paragraph (2) of subdivision (d).
(f)Not later than 30 days after receiving a certification or annual status report pursuant to this section, the department shall make the certification or report publicly available on its Internet Web site in a format that is readily accessible by members of the public.
(g)The department may exempt an entity from compliance with the requirements of this section if the department determines that take resulting from an activity is not intended and will not have a significant impact on a migratory nongame bird species.
(h)An entity that has implemented best management practices and filed a self-certification report with the department shall be deemed in compliance with this section unless the department has notified the entity of the alleged noncompliance in writing within 90 days from the submission of the self-certification report. The department’s notification shall identify the reasons for the alleged noncompliance and shall provide the entity with a reasonable period of time to come into compliance that shall not be less than 60 days and not more than one year.
(i)The department shall encourage industries that lack peer-reviewed and published best management practices to consult with the department on best management practices. When practicable, the department shall work with industry participants and other stakeholders to incentivize research on, and development of, best management practices, including technologies that may improve these practices.
(j)(1)This section does not supersede or otherwise limit any requirement
or prohibition of the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3) or Section 3511.
(2)This section shall not apply to take of a migratory nongame bird if the take is authorized pursuant to another provision of this code, or any rule, regulation, or order made or adopted pursuant to this code.
(3) This section shall not apply to the take of a migratory nongame bird if the take is authorized by a permit issued pursuant to federal law.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.