Bill Text: CA SB395 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Wild game mammals: accidental taking and possession of wildlife: collision with a vehicle: wildlife salvage permits.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2019-10-13 - Chaptered by Secretary of State. Chapter 869, Statutes of 2019. [SB395 Detail]
Download: California-2019-SB395-Amended.html
Section 2000.3 is added to the Fish and Game Code, to read:
Section 2000.5 of the Fish and Game Code is amended to read:
Section 2000.6 is added to the Fish and Game Code, to read: and a cellphone-based application to persons desiring to recover, possess, use, or transport, for purposes of salvaging wild game meat for human consumption of, any deer, elk, pronghorn antelope, or wild pig that has been accidentally killed as a result of a vehicle collision on a roadway within California. This permitting process shall be available at no cost to the public.(1)If
if a person unintentionally strikes and kills a deer, elk, pronghorn antelope, or wild pig on a roadway in California with a vehicle, that person may recover, possess, use, or transport the whole animal and salvage the edible portions of the animal.
animal pursuant to a wildlife salvage permit.SEC. 6.
Bill Title: Wild game mammals: accidental taking and possession of wildlife: collision with a vehicle: wildlife salvage permits.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2019-10-13 - Chaptered by Secretary of State. Chapter 869, Statutes of 2019. [SB395 Detail]
Download: California-2019-SB395-Amended.html
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Amended
IN
Assembly
June 25, 2019 |
|
Amended
IN
Senate
April 29, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Senate Bill | No. 395 |
| Introduced by Senator Archuleta |
February 20, 2019 |
An act to amend Section 2000.5 of, to add Section Sections 1023 and 2000.3 to, and to add and repeal Section 2000.6 of, the Fish and Game Code, relating to wild game mammals.
LEGISLATIVE COUNSEL'S DIGEST
SB 395, as amended, Archuleta.
Accidental Wild game mammals: accidental taking and possession of wildlife: collision with a vehicle. vehicle: wildlife salvage permits.
(1) Existing law delegates to the Fish and Game Commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles, except as provided. Existing law provides that the accidental taking of a bird, mammal, reptile, or amphibian by collision with a motor vehicle while the vehicle is being operated on a road or highway is not a violation of law. Existing law authorizes the state or local agency having jurisdiction of a road or highway to remove an accidental take from the road or highway. A violation of the Fish and Game Code is a crime.
This bill would require the commission to establish, in consultation with specified public agencies and stakeholders, a pilot program no later than January 1, 2022, for the issuance of wildlife salvage permits through a user-friendly
and cell-phone-friendly web-based portal and cellphone-based application developed by the Department of Fish and Wildlife to persons desiring to recover, possess, use, or transport, for purposes of salvaging wild game meat for human consumption of, any deer, elk, pronghorn antelope, or wild pig that has been accidentally killed as a result of a vehicle collision on a roadway within California. The bill would require the commission to prescribe the requirements for applying for and receiving a wildlife salvage permit. The bill would authorize the commission to restrict the roadways where wildlife
salvage may be conducted, the species subject to salvage, and the time or season when salvage may occur,
and to regulate any other aspect of the pilot program necessary to ensure the pilot program’s success. program, as specified. The bill would require the department to implement the pilot program no later than 6 months after the commission establishes the pilot program. The bill would require a state or local agency that removes dead wildlife from a roadway to report the location, species, and any additional relevant data relating to the dead wildlife via the web-based portal or cellphone-based application. By imposing additional duties on local agencies, this bill would impose a
state-mandated local program. The bill would require that this permitting process be made available at no cost to the public.
The bill would authorize (A) a person who unintentionally strikes and kills a deer, elk, pronghorn antelope, or wild pig on a roadway in California with a vehicle to recover, possess, use, or transport the whole animal and salvage the edible portions of the animal, and (B) a person who unintentionally strikes a deer, elk, pronghorn antelope, or wild pig on a roadway in California with a vehicle, leaving the animal severely injured, to immediately thereafter kill the severely injured animal in a safe, legal, and humane manner, and to recover, possess, use, or transport the whole animal and salvage the edible portions of the animal. The bill would make these provisions applicable to an individual who encounters an unintentionally killed or severely injured deer, elk, pronghorn antelope, or wild pig that the individual did not strike with a
vehicle, as described above.
The bill would require, within 24 hours of an incident described above, a person recovering, possessing, using, or transporting the animal for purposes of salvaging the edible portions to obtain a wildlife salvage permit and require a person seeking to obtain a wildlife salvage permit to report certain information relating to the salvage through the department’s web portal the exact location, animal type, date and time, and basic characteristics of the incident.
web-based portal. The bill would require the department, beginning March 1, 2024, on the first March 1 after the department implements the pilot program, and each March 1 thereafter, to make available on its internet website data that records includes the number of wildlife salvage permits issued, locations of impacts, and species of wildlife, and estimated pounds of meat salvaged each year.
wildlife.
The bill would repeal these provisions on January 1, 2029.
The bill would define “roadway” and “vehicle” for these purposes and make conforming changes.
(2)By
By creating criteria for the accidental taking and possession of specified wild game animals, the violation of which would be a crime, the bill would impose a state-mandated local
program.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(2) Existing law vests the Department of Fish and Wildlife with jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species.
This bill would require the department to collect and compile information and data on wildlife-vehicle collisions to support certain wildlife conservation efforts. The bill would require a state agency, and would authorize a local agency, to report certain information regarding dead wildlife that it removes from a roadway to the department. The bill would authorize the department to develop or adopt a web-based portal or similar system through which a person may report the location of impact and type of animal involved in a vehicle
collision if the department determines that the portal or system would be beneficial for the collection of data regarding wildlife-vehicle collisions. The bill would require the department to share the information and data collected and compiled pursuant to these provisions with relevant state agencies and to make the information and data publicly available on its internet website.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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.
This act shall be known, and may be cited, as the Wildlife Traffic Safety Act.SEC. 2.
The Legislature finds and declares all of the following:(a) It is the intent of this act to make available to Californians tens of thousands of pounds of a healthy, wild, big game food source that currently is wasted each year following wildlife-vehicle collisions. Additionally, it is the intent of this act to ease and improve the reporting of where these collisions occur in order to generate the necessary information to develop appropriate prevention strategies, such as wildlife crossings.
(b) Each year it is estimated that over 20,000 deer alone are hit by motor vehicles on California’s
roadways. This potentially translates into hundreds of thousands of pounds of healthy meat that could be used to feed those in need.
(c) State law prohibits its citizens from wasting big game meat. Among other things, Section 4304 of the Fish and Game Code prohibits any person at any time from leaving through carelessness or neglect any game mammal or game bird that is in that person’s possession, or any portion of the flesh thereof that is usually eaten by humans, to go needlessly to waste.
(d) Salvageable wild game meat programs are not new in America. However, because of technology, recent legislation in Idaho, Oregon, Washington, and Alaska has codified programs that simplify the reporting and permitting process, minimizes direct agency oversight, and creates a seamless stream
of pertinent data for state agency managers. This act seeks to provide for a similar regulatory framework in California.
(e) Wildlife in the state of California belong to the people of the State of California.
(f) This act seeks to promote citizen science through public participation in order to guide public safety improvements to help minimize wildlife-vehicle collisions.
SEC. 3.
Section 1023 is added to the Fish and Game Code, to read:1023.
(a) The department shall collect and compile information and data on wildlife-vehicle collisions to support wildlife conservation efforts conducted through regional conservation investment strategies approved pursuant to Chapter 9 (commencing with Section 1850), the Advance Mitigation Program (Article 2.5 (commencing with Section 800) of Chapter 4 of Division 1 of the Streets and Highways Code), or any policy or project implemented to reduce the loss of wildlife from vehicle collisions.(b) The department may collaborate with the Department of Transportation, the Department of the California Highway Patrol, and other relevant federal, state, or local entities to obtain wildlife-vehicle collision data.
(c) (1) A state agency that removes dead wildlife from a roadway pursuant to Section 2000.5 shall report the location and species of the dead wildlife and any additional relevant data required by the department to the department in a timely manner.
(2) A local agency that removes dead wildlife from a roadway pursuant to Section 2000.5 may report the location and species of the dead wildlife and any relevant information to the department if the data or report meets requirements established by the department.
(d) The department may develop a user-friendly and cell-phone-friendly web-based portal, or a similarly functioning system, or adopt an existing portal or system, through which a person may report the location of impact and type of animal involved in a vehicle collision in the state if the
department determines that the portal or system would be beneficial for the collection of data regarding wildlife-vehicle collisions.
(e) The department shall develop and conduct public education and outreach to the general public in order to promote reporting of dead wildlife along the state’s roadways.
(f) The department shall share the information and data collected and compiled pursuant to this section with relevant state agencies and make the information and data publicly available in a timely manner on its internet website.
SEC. 3.SEC. 4.
Section 2000.3 is added to the Fish and Game Code, to read:2000.3.
(a) As used in this chapter, “roadway” has the same meaning as defined in Section 530 of the Vehicle Code.(b) As used in this chapter, “vehicle” has the same meaning as defined in Section 670 of the Vehicle Code.
SEC. 4.SEC. 5.
Section 2000.5 of the Fish and Game Code is amended to read:2000.5.
(a) Notwithstanding Section 219, 2000, or any other law, and notwithstanding any requirement for a permit or license or other entitlement to take a species, the accidental taking of a bird, mammal, reptile, or amphibian by collision with a vehicle while that vehicle is being operated on a roadway is not a violation of this code or a regulation adopted pursuant to this code. Nothing in this section authorizes a person to possess any bird, mammal, reptile, or amphibian accidentally taken by collision with a vehicle as provided in this subdivision. Animals accidentally taken on a roadway may be removed by the state or local agency having jurisdiction over the roadway.(b) This section does not apply to Chapter 1.5 (commencing
with Section 2050).
SEC. 5.SEC. 6.
Section 2000.6 is added to the Fish and Game Code, to read:2000.6.
(a) (1) Consistent with Section 91.8 of the Streets and Highways Code, the commission shall establish a pilot program for the issuance of wildlife salvage permits through a user-friendly and cell-phone-friendly web-based portal(2) In developing the pilot program, the commission shall consult with the department, the Department of Transportation, the Department of the California Highway Patrol, the Office of Environmental Health Hazard Assessment, other relevant public entities, and stakeholders to ensure public health and safety and to ensure the pilot program does not
facilitate poaching.
(3) The commission shall prescribe the requirements for applying for and receiving a wildlife salvage permit and set the terms and conditions it deems necessary for the safe recovery, possession, use, and transportation of deer, elk, pronghorn antelope, or wild pig pursuant to a wildlife salvage permit.
(4) The commission shall require a person seeking to obtain a wildlife salvage permit to report through the web-based portal described in paragraph (1), at a minimum, the location, type, and description of the animal salvaged, the date and time of salvage, the basic characteristics of the incident and a description of the vehicle involved, where applicable, and the destination where the carcass will be transported.
(5) The commission may limit the implementation of the pilot program only to certain counties or regions of the state.
(3)
(6) The commission may restrict the roadways where wildlife salvage may be conducted, the species subject to salvage, and the time or season when salvage may occur, and
may regulate any other aspect of the pilot program necessary to ensure the pilot program’s success. success, to minimize risks to public safety, and to prevent poaching.
(4)
(7) A person desiring to salvage the carcass of an animal pursuant to this section shall do so in a manner consistent with Section 21718 of the Vehicle Code.
(5)The commission shall consider and recommend to the department public education and outreach for the wildlife salvage pilot program beyond traditional hunting populations to the general public in order to promote reporting of dead wildlife along the state’s roadways.
(b) Notwithstanding Section 2000.5, both of the following shall apply:
(2)If a person unintentionally strikes
a deer, elk,
pronghorn antelope, or wild pig on a roadway in California with a vehicle, leaving the animal severely injured, that person may immediately thereafter, and in a safe, legal, and humane manner,
kill the severely injured animal and may recover, possess, use, or transport the whole animal and salvage the edible portions of the animal.
(c) The provisions of subdivision Subdivision (b) shall also apply to an individual who encounters an unintentionally killed or severely injured deer, elk, pronghorn antelope, or wild pig that they did not strike has been struck with a vehicle.
(d)Within 24 hours of an incident described in either subdivision (b) or subdivision (c), the person recovering, possessing, using, or transporting the animal for purposes of salvaging the edible portions shall obtain a wildlife salvage permit. In order to obtain the permit, a person shall report through the web portal the exact location, animal type, date and time, and basic
characteristics of the incident.
(d) This section does not authorize an individual to kill an injured or wounded animal for the purpose of salvage.
(e) (1) The commission shall establish the wildlife salvage pilot program no later than January 1, 2022.
(2) The department shall implement the pilot program no later than six months after the commission establishes the pilot program.
(3) (A) The department shall develop
and make available to the public the user-friendly
web-based portal and cellphone-based application described in subdivision (a) for the wildlife salvage pilot program to facilitate participation in the pilot program and the reporting of wildlife killed by vehicles. program.
(B) The To the extent practicable, the web-based portal and cellphone-based application
shall work with the existing harvest reporting system in use by the department, including identification of the person salvaging the animal.
(4)A state or local agency that removes dead wildlife from a roadway pursuant to Section 2000.5 shall report the location, species, and any additional relevant data relating to the dead wildlife via the web-based portal or cellphone-based application.
(C) The department shall work to include data collected from the wildlife salvage pilot program in any other wildlife-vehicle collision data collection efforts,
including data collection efforts conducted pursuant to Section 1023.
(f) This section does not apply to the authorize the take of wildlife species listed pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050)) and Section 670.1 of Title 14 of the California Code of Regulations, or other nongame wildlife, fully protected species, migratory birds, including, but not limited to, waterfowl waterfowl, and other wildlife species not lawfully hunted.
(g) The state is not liable for any harm, injury, loss, or damage arising out of the recovery, possession, use, transport, or consumption of any wild game animal legally salvaged pursuant to this section.
(h) Beginning March 1, 2024, on the first March 1 after the department implements the pilot program,
and each March 1 thereafter, the department shall make available on its internet website data that records includes the number of wildlife salvage permits issued, locations of impacts, and species of wildlife, and estimated pounds of meat salvaged each year. wildlife.
(i) Subdivisions (b) to (d), inclusive,
and (c) shall become operative when the department implements the pilot program.
(j) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
