Bill Text: CA AB1453 | 2015-2016 | Regular Session | Amended
Bill Title: Protection of orcas: unlawful activities.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2016-11-30 - Died on Senate third reading file. [AB1453 Detail]
Download: California-2015-AB1453-Amended.html
BILL NUMBER: AB 1453 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2016
AMENDED IN SENATE AUGUST 10, 2016
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Member Bloom
( Coauthors: Assembly Members
Atkins and Levine )
FEBRUARY 27, 2015
An act to add Section 4502 to the Fish and Game Code, relating to
marine mammals, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1453, as amended, Bloom. Protection of orcas: unlawful
activities.
(1) Existing law makes it unlawful to take any marine mammal, as
defined, except as provided under specified federal laws.
This bill would make it unlawful to hold in captivity an orca,
whether wild-caught or captive-bred, for any purpose, including for
display, performance, or entertainment purposes; to breed or
impregnate an orca held in captivity; to export, collect, or import
the semen, other gametes, or embryos of an orca held in captivity for
the purpose of artificial insemination; or to export, transport,
move, or sell an orca located in the state to another state or
country, except as provided.
The bill would provide that a person, corporation, or institution
that intentionally or negligently violates these provisions is guilty
of a misdemeanor punishable by a fine not to exceed $100,000. By
creating a new crime, the bill would impose a state-mandated local
program.
(2) 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.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4502 is added to the Fish and Game Code, to
read:
4502. This section shall be known, and may be cited, as the
California Orca Protection Act.
(a) It is unlawful for any person to do any of the following:
(1) (A) Except as provided in subparagraph (B) and subdivision
(c), hold in captivity an orca, whether wild-caught or captive-bred,
for any purpose, including, but not limited to, display, performance,
or entertainment purposes.
(B) An orca located in the state on the effective date of this act
may continue to be held in captivity for its current purpose until
June 1, 2017, and thereafter may be used only for educational
presentations.
(2) Breed or impregnate any orca held in captivity in the state.
(3) Export, collect, or import the semen, other gametes, or
embryos of an orca held in captivity for the purpose of artificial
insemination.
(4) Export, transport, move, or sell an orca located in the state
to another state or country unless otherwise authorized by federal
law or if the transfer is to another facility within North America
that meets standards comparable to those provided under the Animal
Welfare Act (7 U.S.C. Sec. 2131 et seq.).
(b) A person, corporation, or institution that intentionally or
negligently violates subdivision (a) is guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine not to exceed
one hundred thousand dollars ($100,000).
(c) This section does not apply to an orca that is held for
rehabilitation after a rescue or stranding or for research purposes.
However, an orca that is held for rehabilitation or research purposes
shall be returned to the wild whenever possible and, if return to
the wild is not possible, the orca may be used for educational
presentations, but shall not be used for breeding, performance, or
entertainment purposes.
(c) This section does not apply to an orca that is held by a bona
fide educational or scientific institution for rehabilitation after a
rescue or stranding or for research purposes. However, the
department shall be notified immediately upon the rescue or
acquisition of any orca, and an orca that is held for rehabilitation
or research purposes shall be returned to the wild whenever possible.
If return to the wild is not possible, the orca may be used for
educational presentations, but shall not be used for breeding,
performance, or entertainment purposes.
(d) As used in this section, the following terms are defined as
follows:
(1) "Educational presentation" means a live, scheduled orca
display in the presence of spectators that includes natural
behaviors, enrichment, exercise activities, and a live narration and
video content that provides science-based education to the public
about orcas.
(2) "Orca" means a killer whale (Orcinus orca).
(3) "Bona fide educational or scientific institution" means an
institution that establishes through documentation either of the
following:
(A) Educational or scientific tax exemption, from the federal
Internal Revenue Service or the institution's national, state, or
local tax authority.
(B) Accreditation as an educational or scientific institution,
from a qualified national, regional, state, or local authority for
the institution's location.
(C) Accreditation by a nationally or internationally recognized
zoological or aquarium accreditation organization.
(e) The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure the protection of Orcas
orcas at the earliest possible time, it is necessary that this
act take effect immediately.
