California Assembly Bill AB1956 Amended / Bill

 BILL NUMBER: AB 1956AMENDED BILL TEXT AMENDED IN SENATE MAY 11, 2010 AMENDED IN ASSEMBLY APRIL 5, 2010 AMENDED IN ASSEMBLY MARCH 25, 2010 AMENDED IN ASSEMBLY MARCH 16, 2010 INTRODUCED BY Assembly Member Monning FEBRUARY 17, 2010 An act to add Section 3858 to the Fish and Game Code, and to amend Section 19348 of the Food and Agricultural Code, relating to wildlife. LEGISLATIVE COUNSEL'S DIGEST AB 1956, as amended, Monning. California condors: feeding. Existing law authorizes the Department of Fish and Game, in accordance with policies established by the Fish and Game Commission, to provide for the feeding of game birds, mammals, or fish when natural foods for those animals are not available and to provide suitable feeding areas.  Existing law authorizes the department to implement programs to preserve California condors.  This bill would  require, if   authorize  the department  enters   to enter  into a memorandum of understanding with participants in a condor preservation program to allow for the feeding of free-ranging California condors  , that the terms of the memorandum of understanding be consistent with prescribed guidelines for feed animals and feeding sites. The bill would require the department to revise any term of a memorandum of understanding in effect on January 1, 2011, that is inconsistent with those guidelines  . Existing law generally prohibits the transport of a dead animal by a dead animal hauler or any other person to any place other than prescribed locations, except under certain circumstances, including transport pursuant to prescribed waivers or permits. This bill would exempt the department from that transport prohibition when engaged in providing food for free-ranging California condors. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 3858 is added to the Fish and Game Code, to read: 3858. (a)  If the department enters   The department may enter  into a memorandum of understanding with participants in a condor preservation program to allow for the feeding of free-ranging California condors  , the terms of the memorandum of understanding shall be consistent with the following guidelines:   .   (1) The following animals may be used to feed free-ranging California condors:   (A) Livestock animals from dairies or other livestock operations, if the animals are euthanized by shooting with nonlead ammunition or die from natural causes.   (B) Wildlife killed by traffic on state highways and collected by the Department of Transportation.   (C) Animals that die from natural causes on private property, if transported to the feeding site by the landowner.   (2) A feeding site for California condors shall be all of the following:   (A) A safe distance from nearby hazards, including, but not limited to, turbines or overhead wires.   (B) On properties of 100 acres or more, with a setback of at least one-half mile from the property line.   (C) On a hill or knoll predominately covered by grass and not under a tree canopy or within 100 feet of a stream, lake, or other body of water.   (D) Within, or adjacent to, the current range of the California condor or within an area subject to an effort to reintroduce the California condor.  (b) In preparing the memorandum of understanding pursuant to subdivision (a), the department may work in conjunction with the State Veterinarian. (c) In preparing the memorandum of understanding pursuant to subdivision (a), the department  shall   may  work in conjunction with federal agencies that work to preserve the California condor.  (d) The department shall revise any term of a memorandum of understanding in effect on January 1, 2011, that is inconsistent with the guidelines in subdivision (a) to conform to those guidelines.  SEC. 2. Section 19348 of the Food and Agricultural Code is amended to read: 19348. (a) Unless a waiver is granted by the State Veterinarian in conjunction with implementation of Section 9562 or a declaration of a state of emergency or local emergency, as defined in subdivisions (b) and (c) of Section 8558 of the Government Code, pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), a dead animal hauler or any other person shall not transport any dead animal to any place, other than to a licensed rendering plant, a licensed collection center, an animal disease diagnostic laboratory acceptable to the department, the nearest crematory, or to a destination in another state that has been approved for that purpose by the appropriate authorities in that state. (b) The secretary may issue a master or individual permit to a licensed renderer, collection center, or dead animal hauler for the purpose of authorizing transport of a dead animal to an appropriately permitted landfill under either of the following circumstances: (1) During a proclaimed state of emergency or local emergency, as defined in subdivisions (b) and (c) of Section 8558 of the Government Code. (2) When the licensed hauler has certification from a licensed renderer that the licensed renderer cannot process the dead animal due to operational conditions or legal or regulatory requirements or constraints. The certification shall be in a form approved by the department and, for purposes of this paragraph, "licensed hauler" shall include licensed collection centers and renderers. (c) Nothing in this section shall be interpreted to conflict with any state or federal environmental or zoning law, or to prohibit an owner of a live animal from burying the animal on the owner's property after the animal dies if the burial is within three miles of where the animal died. (d) Subdivision (a) does not apply to the Department of Transportation or to local agencies having jurisdiction over a road or highway when engaged in removing animal carcasses from the road or highway. (e) Subdivision (a) does not apply to the Department of Fish and Game when engaged in providing food for free-ranging California condors.