2009 California Fish and Game Code - Section 3860-3864 :: Chapter 5. Avian Influenza Wildlife Surveillance Act

3860.  This chapter shall be known, and may be cited, as the Avian
Influenza Wildlife Surveillance Act.

3861.  The Legislature finds and declares all of the following:
   (a) Avian influenza and other emerging diseases of wildlife are a
serious threat to the people of California.
   (b) California is home to large populations of migratory birds and
other wildlife species.
   (c) California is a central part of the Pacific Flyway, and a
seasonal home to species of birds that migrate to and from Asia,
Central America, South America, and other regions.
   (d) Surveillance of wild birds and animals across the state is a
key element among efforts to prevent avian influenza and other
emerging wildlife diseases from harming the people and the natural
resources of the state.
   (e) In the interest of public health, the state shall support a
surveillance program for avian influenza in wild bird and animal
populations.

3862.  The Resources Agency, in consultation with the department,
the Department of Food and Agriculture, the State Department of
Health Services, the Office of Emergency Services, and the University
of California, shall develop and implement a plan for the
surveillance, monitoring, sampling, diagnostic testing, and reporting
of avian influenza in wild birds and animals in the state. The
Resources Agency shall consult with the United States Fish and
Wildlife Service and the United States Department of Food and
Agriculture in developing the plan.

3863.  (a) The Secretary of the Resources Agency shall formally
establish the Avian Influenza Working Group to assist in the
development of the plan described in Section 3862. The Avian
Influenza Working Group shall utilize, as guidance for early
detection, the national protocol that has been developed to guide
states in developing state-specific plans, known as the Early
Detection System for Asian H5N1 Highly Pathogenic Avian Influenza in
Wild Migratory Birds. The Avian Influenza Working Group shall also
continue, enhance, and facilitate the work already begun by the
department, other state departments, and the University of
California, to coordinate communication of information and response
plans for highly pathogenic avian influenza in wild birds.
   (b) The Avian Influenza Working Group shall be composed of all of
the following members:
   (1) The Secretary of the Resources Agency, or a designee.
   (2) The director, or a designee.
   (3) The Secretary of Food and Agriculture, or a designee.
   (4) The Director of Health Services, or a designee.
   (5) The Director of the Office of Emergency Services, or a
designee.
   (6) One representative appointed by the Regents of the University
of California.
   (7) Two representatives from a qualified research organization or
other qualified nongovernmental organization appointed by the
Secretary of the Resources Agency.
   (c) The director shall chair the Avian Influenza Working Group.
   (d) A majority of the Avian Influenza Working Group shall
constitute a quorum for the transaction of business.
   (e) The duties of the Avian Influenza Working Group shall include
all of the following:
   (1) Developing strategies for the detection of, and response to,
the avian influenza virus in wild birds in California.
   (2) Fostering communication among state and federal agencies
regarding the avian influenza surveillance program.
   (3) Developing strategies for public outreach and education.
   (f) The Avian Influenza Working Group may consult with other
public and nonprofit groups potentially affected by avian influenza
in wild birds.

3864.  On or before October 1, 2006, the director shall submit a
status report, and on or before July 1, 2007, the director shall
compile and submit an updated report, on the development and
implementation of an avian influenza detection and response plan for
wild birds in the state. These reports shall be submitted to the
Legislature, the Chair of the Assembly Committee on Water, Parks and
Wildlife, and the Chair of the Senate Committee on Natural Resources
and Water.