AB 2627: Migratory nongame birds: Migratory Bird Treaty Act: authorized take.

Existing federal law, the Migratory Bird Treaty Act, provides for the protection of migratory birds, as specified. The act also authorizes states and territories of the United States to make and enforce laws or regulations that give further protection to migratory birds, their nests, and eggs. Existing state law makes unlawful the taking or possession of any migratory nongame bird, or part of any migratory nongame bird, as designated in the act, except as provided by rules and regulations adopted by the United States Secretary of the Interior under provisions of the act. Existing state law makes it a crime to submit, or conspire to submit, any false, inaccurate, or otherwise misleading information on any application or other document offered or otherwise presented to the Department of Fish and Wildlife for any purpose, including, but not limited to, obtaining a license, tag, permit, or other privilege or entitlement pursuant to the Fish and Game Code or regulations adopted pursuant to the code.

This bill would permit an entity to take a migratory nongame bird, as defined, if the take is incidental to otherwise lawful activity and the entity provides certification to the department of the entitys implementation of deem an entity in compliance with the state prohibition against taking any migratory nongame bird, as defined, if the potential take is incidental to otherwise lawful activity, the entity completes a certification process by submitting certain information to the department, and the entity implements best management practices for avoiding, minimizing, and mitigating take of migratory nongame birds, as identified by the entity pursuant to specified guidelines, so that there is no that are intended to avoid significant adverse impact, impacts, as defined, to migratory nongame birds from the activity. birds. The bill would require, as a condition of this incidental take authority, part of the certification process, the submission of an annual status reports report to the department after the initial certification. The bill would specify the information to include in a certification and annual status reports.

The bill would also specify 2 exempt the take of migratory birds from the state prohibition against taking any migratory nongame bird in other circumstances in which an entity may take a migratory nongame bird. First, the bill would permit circumstances, including, among others, if the take that is accidental, as defined, and results from an act that occurs on a farm or ranch in the course of otherwise lawful routine and ongoing agricultural activities. Second, the bill would permit take if the department has determined that the take will not have a significant adverse impact on migratory nongame birds.

The bill would require the department, no later than December 31, 2019, to establish guidelines for compliance with these provisions.

Because submission of false, inaccurate, or otherwise misleading information in a certification or annual status report to the department pursuant to these provisions would be a crime, this bill would impose a state-mandated local program.

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.