Download Appropriations Committee Fiscal Summary

SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2148 (Holden) - Unmanned aircraft systems: managed lands or waters: take
of fish and wildlife
Version: June 22, 2016
Urgency: No
Hearing Date: August 8, 2016
Policy Vote: N.R. & W. 6 - 2
Mandate: Yes
Consultant: Narisha Bonakdar
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 2148 makes it unlawful to launch, land, or operate an unmanned
aircraft system (drone) from or on lands managed by the California Department of Parks
and Recreation (CDPR) and the California Department of Fish and Wildlife (CDFW),
collectively departments. The bill also prohibits the use of drones to assist in the taking
of fish or wildlife, and specifies exemptions.
Fiscal Impact:
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No additional cost to CDPR, which is currently developing a regulation consistent
with the requirements of this bill.
Unknown, likely significant, costs for CDFW to modify an existing regulation that
generally encompasses use of aircraft over department lands.
Potential, likely minor, additional enforcement costs to both departments, which may
be offset to some extent by additional penalty revenue resulting from the new crime
created in this bill. Note that the bill does not specify a penalty.
Background:
Federal Aviation Administration. Federal law authorizes the Federal Aviation
Administration (FAA) to regulate airspace use, including air traffic control, air safety, and
aircraft noise. FAA is required to integrate drone operations into the national airspace
system and to develop certification requirements for operation of drone.
Federal regulations require federal registration of a drone weighing more than 0.55
pounds and less than 55 pounds before it can be flown outdoors, and require that the
identification number issued with the registration is affixed to the drone. Persons under
13 years of age are prohibited from registering a drone.
Under federal regulations, drone use in national parks is banned without a permit.
California Department of Parks and Recreation. CDPR manages California's state park
system, comprised of 280 State Parks, State Natural Reserves, State Historic Parks,
State Historic Monuments, State beaches, State Recreation Areas, State Vehicular
Recreation Areas, State Seashores and State Marine Parks that are visited by over 67
million visitors each year. Together, State Park System lands protect and preserve
culturally and environmentally sensitive structures and habitats, threatened plant and
animal species, ancient Native American sites, historic structures and artifacts.
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CDPR is authorized to establish rules and regulations for the administration of state
park properties. Under existing state law, the use of aircraft (or parachutes, hang
gliders, parasails, and balloons) is prohibited, by regulation, below 500 feet over a state
park unless specifically authorized by CDPR. A person is also prohibited from engaging
in recreational activities in state parks that endanger the safety of persons, property, or
resources, or that interfere with visitor activities, except as permitted by CDPR.
Drones in federal Parks. Drones are currently banned by regulation in all national parks.
In addition to the big horn sheep stampede in Zion National Park, in late 2014 a tourist
was fined for crashing a drone into Yellowstone National Park’s Grand Prismatic Spring.
The National Park Service reported at least 10 drone incidents in National Park Service
areas of Washington, D.C. in 2015, including a December 16 citation of a man operating
a drone near the Washington Monument. There is no system-wide drone policy in
California for state parks. However, restrictions on drone use have been put in place in
some state parks by CDPR district superintendents.
California Department of Fish and Wildlife. As the trustee of California's fish, wildlife,
and plant resources, CDFW manages more than 1 million acres of fish and wildlife
habitat on 711 properties throughout the state. It also regulates hunting and sport
fishing within the state, and implements various other statutes and regulations
developed by the Legislature and the Fish and Game Commission.
Existing law establishes numerous restrictions on methods of take that may be used for
hunting and fishing in California, and defines take as to “hunt, pursue, catch, capture, or
kill, or attempt to hunt, pursue, catch, capture, or kill”. Existing law also prohibits the
willful interference with participation of any individual in lawful hunting or fishing
activities; interference is defined as any action that physically impedes, hinders or
obstructs these lawful pursuits, including but not limited to frightening away animals.
Drone use in Fishing and Hunting. Several states have enacted or are considering laws
prohibiting the use of drone in hunting and fishing, as well as the use of drone to
interfere with hunters and fishers. A 2014 Field and Stream article described “predator
drones” with thermal imaging cameras that can spot and radio wildlife locations to
hunters, who then find and engage the animals with rifles equipped with night vision
cameras. California law currently prohibits the use of night vision equipment for hunting,
and prohibits online shooting, defined as the use of a computer or other device to
remotely control the aiming or discharge of a weapon.
Proposed Law: This bill:
1) Makes it unlawful to launch, land, or operate a drone from or on lands managed by
CDPR and CDFW, except as authorized by CDPR and CDFW.
2) Prohibits the use of drones to assist in the taking of fish or wildlife.
3) Exempts the following from the prohibition:
a. A person licensed by the FAA to operate a drone for commercial purposes if
the operation is in compliance with relevant laws and regulations.
b. Drone use for conservation or scientific research purposes.
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c. Drone use for legitimate newsgathering.
4) Authorizes the departments to develop regulations, and specifies that, in drafting the
regulations, the departments may consider the following:
a. Protection of wildlife and visitors from harassment.
b. Harm to sensitive species.
c. Disruption of wildlife at times when incidents have an adverse effect.
d. The natural, historical, or cultural value of the land.
e. The purpose of the department-managed land.
f. Careless operation of drones.
g. Other special purposes as approved by the departments.
5) Specifies that the provisions of the bill are severable if any provision is found invalid.
Related Legislation:
SB 868 (Jackson) of 2016 would establish the State Remote Piloted Aircraft Act, which
governs where and drone may operate, and establishes state-level regulatory and
enforcement authority over drone for the California Department of Transportation, the
California Office of Emergency Services, CDFW, Department of Water Resources, and
the California Highway Patrol. SB 868 failed passage in Assembly Privacy and
Consumer Protection Committee.
SB 142 (Jackson) of 2015 would have made the operation of a drone below the
navigable airspace overlying the property of another without permission, a trespass. SB
142 was vetoed by the Governor.
SB 70 (Gaines) of 2015 would have prohibited the operation of a drone over a jail. SB
70 was vetoed by the Governor.
SB 271 (Gaines) of 2015 would have prohibited operation of a drone over a school. SB
271 was vetoed by the Governor.
AB 14 (Waldron) of 2015 proposed to establish a drone task force to recommend
policies regulating drone use. AB 14 failed passage in the Assembly Transportation
Committee.
AB 1327 (Gorell) of 2014 would have regulated the use of unmanned aircraft systems
by public agencies and the dissemination and use of any images, data and footage
obtained by those systems. AB 1327 was vetoed by the Governor.
Staff Comments:
Purpose. According to the author, "Current California law provides little guidance
regarding the use of drone on state owned and managed open spaces, wildland
preserves and parks. A growing body of evidence suggests drones impact wildlife in
ways that are not readily apparent to humans. A drone was determined to be the cause
of a big horn sheep stampede in Zion National Park. Studies and articles also suggest
that drones cause distress to bears, sea lions and gulls. To ensure that wildlife on
public lands are safe from inadvertent harm from drones, this bill directs the agencies
responsible for protecting California's wildlife and bird populations to develop a coherent
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set of regulations to protect animals and Californians enjoying the outdoors in a manner
that maintains drone users' basic rights to use their devices in the outdoors."
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