BILL NUMBER: AB 2140 AMENDED
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Bloom
( Coauthor: Assembly Member
( Coauthor: Senator Leno
FEBRUARY 20, 2014
An act to amend Section 701.3 of the Fish and Game Code,
relating to the Department of Fish and Wildlife. An
act to add Section 4502 to the Fish and Game Code, relating to marine
LEGISLATIVE COUNSEL'S DIGEST
AB 2140, as amended, Bloom. Department of Fish and
Wildlife: deputy director. Marine mammals: 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, or use, a
wild-caught or captive-bred orca, as defined, for performance or
entertainment purposes, as defined, to capture in state waters, or
import from another state, any orca intended to be used for
performance or entertainment purposes, to breed or impregnate an orca
in captivity, or to export, collect, or import from another state
the semen, other gametes, or embryos of an orca held in captivity for
the purpose of artificial insemination, except as provided. The bill
would make every person, corporation, or institution that violates
those provisions guilty of a misdemeanor punishable by a fine of not
more than $100,000 or by imprisonment in a county jail for not more
than 6 months, or by both the fine and imprisonment. 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
This bill would provide that no reimbursement is required by this
act for a specified reason.
Under existing law, the Department of Fish and Wildlife is
required to enforce and administer the fish and game laws pursuant to
the policies formulated by the Fish and Game Commission. The
department is administered by the Director of Fish and Wildlife.
There is one deputy director of the department.
This bill would make nonsubstantive changes to the latter
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
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. (a) It is unlawful for any person to do any of the
(1) Hold in captivity, or use, a wild-caught or captive-bred orca
for performance or entertainment purposes.
(2) Capture in state waters, or import from another state, any
orca intended to be used for performance or entertainment purposes.
(3) Breed or impregnate an orca in captivity.
(4) Export, collect, or import from another state the semen, other
gametes, or embryos of an orca held in captivity for the purpose of
(b) Every person, corporation, or institution that violates
subdivision (a) is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not more than one hundred
thousand dollars ($100,000), or by imprisonment in a county jail for
not more than six months, or by both the fine and imprisonment.
(c) (1) 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 shall be held in a sea
pen that is open to the public and not used for performance or
(2) Orcas held for performance or entertainment purposes prior to
the enactment of this section shall be rehabilitated and returned to
the wild where possible, subject to any required state or federal
permits. If it is not possible to return these orcas to the wild, as
determined by the best available science, then these orcas shall be
transferred and held in a sea pen that is open to the public and not
used for performance or entertainment purposes.
(3) Until an appropriate sea pen has been established, captive
orcas held in the state may be kept in existing enclosures. Those
orcas shall not be exported or used for gametes, or embryos intended
for artificial insemination. Where, based on the best available
science, it is determined that an orca has the potential to return to
the wild under paragraph (2), that orca may be exported from the
state to facilitate its rehabilitation in native waters, subject to
any required state or federal permits.
(d) For purposes of this section, the following terms have the
(1) "Orca" means a killer whale (Orcinus orca).
(2) "Performance or entertainment purposes" includes, but is not
limited to, any routinely scheduled public exhibition that is
characterized by music or other sound effects, choreographed display
or training for that display, or unprotected contact between humans
and orcas. Holding of an orca is not, by itself, a performance or
(3) "Unprotected contact" means physical contact between a human
and an orca that occurs in the absence of a protective barrier or
distance between the trainer and the orca, unless required for
veterinarian veterinary care.
(4) "Sea pen" means an in-water enclosure that is anchored to the
sea floor, and attached to the shore.
(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
SECTION 1. Section 701.3 of the Fish and Game
Code is amended to read:
701.3. There shall be one deputy director of the department who
shall be a civil executive officer and shall be appointed by the
Governor and serve at the pleasure of the Governor. The compensation
of the deputy director shall be fixed by the director pursuant to
law. The deputy director shall have those duties assigned, from time
to time, by the director, and shall be responsible to the director
for the performance of those duties.