BILL ANALYSIS
AB 777
Page 1
Date of Hearing: April 24, 2007
Counsel: Nicole J. Hanson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 777 (Levine) - As Introduced: February 22, 2007
SUMMARY : Prohibits specified conduct in relation to housing,
possessing, contacting, or traveling with an elephant.
Specifically, this bill :
1)Deems it unlawful for any person or entity who houses,
possesses, is in contact with, or travels with an elephant
within California to engage in any of the following with
relation to the elephant:
a) Using any implement or device on an elephant that may
reasonably result in harm to the elephant, including, but
not limited to, damage, scarring, or breakage of an
elephant's skin;
b) Employing any implement or device that is used,
purchased, contrived or constructed for the purpose of
shocking, poking, striking, hitting, stabbing, piercing,
pinching, or other physical contact with an elephant shall
be deemed to be an implement or device that may reasonably
result in harm to an elephant. An implement or device that
may reasonably result in harm to an elephant includes, but
is not limited to, a bullhook, ankus, or other similar
device.
c) Possessing any implement or device on an elephant that
may reasonably result in harm to the elephant, including,
but not limited to, the damage, scarring, or breakage of
the elephant's skin; and,
d) Using any chain or similar device to restrain an
elephant, except if utilized for the shortest amount of
time necessary to provide medical treatment.
2)Criminalizes possessing, keeping, or maintaining an elephant
at a stationary facility unless all of the following
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conditions are met:
a) Elephants in the facility may walk an average of at
least five miles per day, demonstrable through the use of a
global positioning system or other comparable technology;
b) There exists a variety of enrichment activities designed
to provide the elephant with exercise and mental
stimulation:
i) Enrichment activities may include, but are not
limited to, hiding food in the enclosure to force the
animal to seek out the food source; remote dispensers of
food throughout the enclosure that dispense food at
irregular times, devices; or stimuli that allow the
animals safe play.
c) A bath, pool, or lake within the facility that is at
least seven feet in depth and large enough to allow the
largest elephant to submerge at least 75% of the elephant's
body;
d) The majority of the facility's exterior substrate
walkable areas must be of an appropriate, soft, natural
substrate which will not cause or aggravate problems with
the elephant's feet; and,
e) No portion of the enclosure, including, but not limited
to, any interior area designed to house an elephant
overnight, may have a substrate consisting entirely of
concrete, metal, or gravel.
3)Precludes from criminalization people or entities who possess,
keep, or maintain one or more elephants at a stationary
facility until the person or entity expends capital funds for
the purpose of expanding or renovating the elephant enclosure.
Capital funds shall not be deemed expended for the purpose of
expanding or renovating the elephant enclosure if the funds
are expended only for necessary repairs.
4)Provides that violations under this section shall be deemed
misdemeanors and each day a violation continues shall
constitute a separate and distinct offense.
5)Allows prosecution under this bill as well as Penal Code
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Section 597.
EXISTING LAW :
1)Provides that it is a misdemeanor for any owner or manager of
an elephant to engage in abusive behavior towards the
elephant, which behavior shall include the discipline of the
elephant by any of the following methods: deprivation of
food, water, or rest; use of electricity; physical punishment
resulting in damage, scarring, or breakage of skin; insertion
of any instrument into any bodily orifice; use of martingales;
and, use of block and tackle. [Penal Code Section 596.5]
2)Creates a misdemeanor punishable by a maximum of one year in
the county jail and a fine of not more than $20,000 to maim,
mutilate, torture, or wound a living animal or maliciously or
intentionally kill an animal. [Penal Code Section 597(a).]
3)States that every person having charge or custody of an animal
who overdrives; overloads; overworks; tortures; torments;
deprives of necessary sustenance, drink, or shelter; cruelly
beats, mutilates, or cruelly kills; or causes or procures any
animal to be so overdriven; overloaded; driven when
overloaded; overworked; tortured; tormented; deprived of
necessary sustenance, drink, shelter; or to be cruelly beaten,
mutilated, or cruelly killed is, for every such offense,
guilty of a crime punishable as an alternate
misdemeanor/felony and by a fine of not more than $20,000.
[Penal Code Section 597(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Already 250
pounds and three-feet tall at birth, elephants can grow to
weigh more than 7 tons and stand as high as 13 feet. They are
the largest land mammal on earth; highly intelligent, socially
complex and emotionally advanced. In the wild they are
constantly on the move, often covering dozens of miles in a
day. Yet, many elephants in captivity in California - mostly
in zoos or traveling circuses - spend their lives confined to
a space of less than one acre.
"Any elephant in captivity must also be trained, and circuses
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and zoos have a sad history of training elephants through a
combination of physical and mental abuse. Ask yourself - how
is it that a 10,000-pound behemoth follows the lead its
150-pound keeper? For many years, the only answer was to
'break' an elephant by subjecting it to a variety of painful,
degrading physical and emotional tactics until it submits out
of fear and exhaustion. There are trainers that defend such
techniques as necessary evils. But, in fact, elephants (and
many other animals) in captivity can be trained to cooperate
with keepers voluntarily through a method known as 'protected
contact'. Half of the zoos with elephants in America have
adopted this practice - but in California, some zoos and all
circuses have not. They use chains to place elephants in
painful stress positions or use a bullhook, a weapon that gets
defended as a guide.
"I have introduced this bill to force vital and long overdue
reforms which will change the way elephants are cared for,
housed, and trained in California. It is not radical, but
reasonable, based on standards already met by the Oakland Zoo,
which provides ample space for its elephants and employs care
techniques that are free from the threat of physical and
mental abuse.
"It is clear that many who care for these animals, especially in
zoos, have the best interests of the elephants at heart, and
are working hard to provide them with the best care possible.
And yet, unintentional as it may be, it is also clear that
elephants are suffering. We can turn our backs and look away,
or we can work together to provide them with a better life.
We must find a way to give these elephants the level of care
they deserve. If we truly value our humanity, it requires of
us nothing less."
2)Background : According to information provided by the author,
"California's current law provides insufficient protection for
elephants that continue to suffer from cruel and inhumane
treatment throughout our state. This bill prohibits the most
egregious training devices and methods - antiquated and
unnecessary tools and tactics that should be prohibited. If
you were to use a bullhook on a dog you would be charged with
animal cruelty - why are we in turn allowing people to use
bullhooks on elephants?
"This bill prohibits the use of a bullhook or a similar device
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as well as the unnecessary chaining of elephants in
California, and also establishes minimum care standards for
housing elephants within the state.
"This bill amends Penal Code Section 596.5, which already
prohibits a number of cruel and inhumane elephant training
methods such as the use of electricity; deprivation of food
and water; physical punishment resulting in damage, scarring,
or breakage of skin; insertion of any instrument into any
bodily orifice; use of martingales; and the use of block and
tackles. However, existing law does not address the most
common cruel and inhumane training devices used on elephants
the bullhook and chains. In addition, existing law does not
set forth basic minimum standards of care for elephants which
is a necessary component to the animal's well being.
"Bullhooks are commonly used to train and control elephants at
circuses and traveling shows. Both ends of the bullhook
inflict damage and are used dominate the elephant and cause
pain. The bullhook can only be described as a weapon.
"When pressure is applied to an elephant's sensitive areas, the
elephant is reminded of the force the trainer can inflict with
that device. Trainers and industry spokespersons call this
'guiding' the elephant, but the reality is that the bullhook
is a tool of intimidation. Furthermore, even while in view of
the public, a discerning eye can notice the domineering way a
trainer uses the bullhook. Using pokes and jabs, or even
quickly striking the elephant, the trainer is constantly
reminding the elephant who is boss.
"There is an alternative method that can be used. In fact, most
of the accredited zoos in California are now utilizing this
training method called which relies solely on positive
reinforcement to guide elephant behavior.
"The practice of chaining is one of the most common methods of
confining elephants in captivity and goes hand-in-hand with
the use of the bullhook. Chaining severely restricts an
elephant's movements - even elementary ones such as lying
down, walking, or socializing with other elephants. The
resultant lack of movement, due to chaining, results in
neurosis and stereotypic behavior in elephants. This
behavior, which indicates psychological distress, is not
observed in elephants in the wild.
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"Inappropriate space, lack of walking, improper substrate, etc.,
cause painful health problems like arthritis, chronically
infected feet, obesity, neurotic behaviors (such as swaying,
pacing, and head-bobbing), and reproductive disorders. These
conditions can lead to premature death in captive elephants.
More than half of 46 elephants who died at accredited zoos
nationwide since 2000 failed to reach their 40th birthday,
dying far short of their 70-year life expectancy."
3)Federal Protection Afforded to Elephants under the Animal
Welfare Act : Under the Animal Welfare Act (AWA), zoos,
circuses, transporters, roadside menageries and exhibitors of
elephants must be licensed and participate in record-keeping
and marking requirements. Additional protections exist
governing their care, handling, and transport. The AWA gives
power to the Secretary of Agriculture and the United States
Department of Agriculture, whose power is further delegated to
the Animal Plant and Health Inspection Service (APHIS) to
administer and enforce the AWA's requirements. APHIS enforces
the Act through conducting inspections and instituting rules
and regulations for facilities. APHIS is required to conduct
yearly inspections and investigate facilities whenever a
complaint is filed. The following regulations apply to care of
elephants:
a) Temperature in indoor housing facilities shall be
sufficiently regulated by heating or cooling to protect the
animals from the extremes of temperature, to provide for
their health and to prevent their discomfort. The ambient
temperature shall not be allowed to fall below nor rise
above temperatures compatible with the health and comfort
of the animal. [9 Code of Federal Regulations (CFR)
3.126(a).]
b) Indoor housing facilities shall be adequately ventilated
by natural or mechanical means to provide for the health
and to prevent discomfort of the animals at all times.
Such facilities shall be provided with fresh air either by
means of windows, doors, vents, fans, or air conditioning
and shall be ventilated so as to minimize drafts, odors,
and moisture condensation. [9 CFR 3.126(b).]
c) Indoor housing facilities shall have ample lighting, by
natural or artificial means, or both, of good quality,
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distribution, and duration as appropriate for the species
involved. Such lighting shall be uniformly distributed and
of sufficient intensity to permit routine inspection and
cleaning. Lighting of primary enclosures shall be designed
to protect the animals from excessive illumination. [9 CFR
3.126(c).]
d) A suitable sanitary method shall be provided to rapidly
eliminate excess water from indoor housing facilities. If
drains are used, they shall be properly constructed and
kept in good repair to avoid foul odors and installed so as
to prevent any backup of sewage. The method of drainage
shall comply with applicable federal, state, and local laws
and regulations relating to pollution control or the
protection of the environment. [9 CFR 3.126(d).]
e) When sunlight is likely to cause overheating or
discomfort of the animals, sufficient shade by natural or
artificial means shall be provided to allow all animals
kept outdoors to protect themselves from direct sunlight.
[9 CFR 3.127(a).]
f) Natural or artificial shelter appropriate to the local
climatic conditions for the species concerned shall be
provided for all animals kept outdoors to afford them
protection and to prevent discomfort to such animals.
Individual animals shall be acclimated before they are
exposed to the extremes of the individual climate. [9 CFR
3.127(b).]
g) A suitable method shall be provided to rapidly eliminate
excess water. The method of drainage shall comply with
applicable federal, state, and local laws and regulations
relating to pollution control or the protection of the
environment. [9 CFR 3.127(c).]
h) On or after May 17, 2000, all outdoor housing facilities
(i.e., facilities not entirely indoors) must be enclosed by
a perimeter fence that is of sufficient height to keep
animals and unauthorized persons out. Fences less than
eight-feet high for potentially dangerous animals, such as,
but not limited to, large felines, bears, wolves,
rhinoceros, and elephants, or less than six-feet high for
other animals must be approved in writing by the APHIS
administrator. The fence must be constructed so that it
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protects the animals in the facility by restricting animals
and unauthorized persons from going through the fence or
under the fence and having contact with the animals in the
facility, and so that the fence can function as a secondary
containment system for the animals in the facility. The
fence must be of sufficient distance from the outside of
the primary enclosure to prevent physical contact between
animals inside the enclosure and animals or persons outside
the perimeter fence. Such fences less than three feet in
distance from the primary enclosure must be approved in
writing by the APHIS administrator. [9 CFR 3.127(d).] A
perimeter fence is not required:
i) Where the outside walls of the primary enclosure are
made of sturdy, durable material, which may include
certain types of concrete, wood, plastic, metal, or
glass, and are high enough and constructed in a manner
that restricts entry by animals and unauthorized persons
and the APHIS administrator gives written approval [9 CFR
3.127(d)(1)];
ii) Where the outdoor housing facility is protected by
an effective natural barrier that restricts the animals
to the facility and restricts entry by animals and
unauthorized persons and the APHIS administrator gives
written approval [9 CFR 3.127(d)(2)];
iii) Where appropriate alternative security measures are
employed and the APHIS administrator gives written
approval [9 CFR 3.127(d)(3)]; and,
iv) For traveling facilities where appropriate,
alternative security measures are employed. [9 CFR
3.127(d)(4).]
i) Enclosures shall be constructed and maintained so as to
provide sufficient space to allow each animal to make
normal postural and social adjustments with adequate
freedom of movement. Inadequate space may be indicated by
evidence of malnutrition, poor condition, debility, stress,
or abnormal behavior patterns. (9 CFR 3.128.)
j) The food shall be wholesome, palatable, and free from
contamination and of sufficient quantity and nutritive
value to maintain all animals in good health. The diet
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shall be prepared with consideration for the age, species,
condition, size, and type of the animal. Animals shall be
fed at least once a day except as dictated by hibernation,
veterinary treatment, normal fasts, or other professionally
accepted practices. [9 CFR 3.129(a).]
aa) Food and food receptacles, if used, shall be sufficient
in quantity and located so as to be accessible to all
animals in the enclosure and shall be placed so as to
minimize contamination. Food receptacles shall be kept
clean and sanitary at all times. If self-feeders are used,
adequate measures shall be taken to prevent molding,
contamination, and deterioration or caking of food. [9 CFR
3.129(b).]
bb) If potable water is not accessible to the animals at all
times, it must be provided as often as necessary for the
health and comfort of the animal. Frequency of watering
shall consider age, species, condition, size, and type of
the animal. All water receptacles shall be kept clean and
sanitary. (9 CFR 3.130.)
cc) During surface transportation, it shall be the
responsibility of the driver or other employee to visually
observe the live animals as frequently as circumstances may
dictate, but not less than once every four hours, to assure
that they are receiving sufficient air for normal
breathing; their ambient temperatures are within the
prescribed limits; all other applicable standards are being
complied with and to determine whether any of the live
animals are in obvious physical distress; and to provide
any needed veterinary care as soon as possible. No animal
in obvious physical distress shall be transported in
commerce. [9 CFR 3.140(a).]
dd) Wild or otherwise dangerous animals shall not be taken
from their primary enclosures except under extreme
emergency conditions provided, however, that a temporary
primary enclosure may be used, if available, and such
temporary primary enclosure is structurally strong enough
to prevent the escape of the animal. During the course of
transportation in commerce, live animals shall not be
removed from their primary enclosures unless placed in
other primary enclosures or facilities conforming to the
requirements provided in this subpart. [9 CFR 3.140(b).]
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ee) Carriers and intermediate handlers shall move live
animals from the animal holding area of the terminal
facility to the primary conveyance and from the primary
conveyance to the animal holding area of the terminal
facility as expeditiously as possible. Carriers and
intermediate handlers holding any live animal in an animal
holding area of a terminal facility or in transporting any
live animal from the animal holding area of the terminal
facility to the primary conveyance and from the primary
conveyance to the animal holding area of the terminal
facility, including loading and unloading procedures, shall
provide the following [9 CFR 3.142(a)]:
i) When sunlight is likely to cause overheating or
discomfort, sufficient shade shall be provided to protect
the live animals from the direct rays of the sun and such
live animals shall not be subjected to surrounding air
temperatures which exceed 29.5 degrees Celsius (85
degrees Fahrenheit), and which shall be measured and read
in the manner prescribed in Section 3.141 of this part,
for a period of more than 45 minutes [9 CFR 3.142(a)(1)];
ii) Live animals shall be provided protection to allow
them to remain dry during rain or snow [9 CFR
3.142(a)(2)];
iii) Transporting devices shall be covered to provide
protection for live animals when the outdoor air
temperature falls below 10 degrees Celsius (50 degrees
Fahrenheit) and such live animals shall not be subjected
to surrounding air temperatures which fall below 7.2
degrees Celsius (45 degrees Fahrenheit), which shall be
measured and read in the manner prescribed in Section
3.141 of this part, for a period of more than 45 minutes
unless such animals are accompanied by a certificate of
acclimation to lower temperatures as prescribed under
existing law [9 CFR 3.142(a)(3)];
iv) Care shall be exercised to avoid handling of the
primary enclosure in such a manner that may cause
physical or emotional trauma to the live animal contained
therein [9 CFR 3.142(a)(4)]; and,
v) Primary enclosures used to transport any live animal
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shall not be tossed, dropped, or needlessly tilted and
shall not be stacked in a manner which may reasonably be
expected to result in their falling. [9 CFR
3.142(a)(5).]
4)Association of Zoos and Aquariums (AZA) : The AZA was founded
in 1924. It is a nonprofit organization dedicated to the
advancement of accredited zoos and aquariums in the areas of
animal care, wildlife conservation, education and science. AZA
is an accrediting organization for zoos and aquariums, and
accredits only those institutions that have achieved the AZA's
standards for animal care, education, wildlife conservation
and science.
The AZA has created standards for elephant management and care.
The standards were developed in consultation with zoo elephant
experts, as well as field researchers and animal welfare
advocates. The following are the standards set by AZA for
elephant management and care:
a) Elephants must be kept outside on natural substrates as
much as possible. Institutions should consider designing
exhibitions that allow elephants outdoor access 24 hours
per day, weather, heath and safety permitting. During
daylight hours, elephants kept outdoors can tolerate
moderate temperature extremes. Provisions must be made to
protect animals from adverse weather, including intense
sunlight, chilling rain, sleet, etc. Animals kept outdoors
must be monitored frequently at temperatures below 40
degrees. Facilities may install outdoor heat sources to
extend the amount of time the animals are able to remain
outside. [American Zoological Association (AZA) Standards
for Elephant Management and Care Section 1.1.1.]
b) Indoor space must provide adequate room for animals to
move about and lie down without restriction. A minimum of
400 square feet is required for a single animal,
approximately 800 square feet for two animals, and so on.
Because of their size and space requirements, bulls or cows
with calves much have minimum of at least 600 square feet.
(AZA Standards for Elephant Management and Care Section
1.4.1.)
c) An outdoor yard must have at least 1,800 square feet for
a single adult individual and an addition 900 square feet
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must be added for each additional animal. If this space is
the only location of exercise, then it is recommended that
the space per elephant should be even greater. (AZA
Standards for Elephant Management and Care Section 1.4.2.)
d) Outdoor yard surfaces must consist primarily of natural
substrates (e.g., soil, sand, grass) that provide good
drainage and have cleanable, dry area for feeding. (AZA
Standards for Elephant Management and Care Section 1.4.5.)
e) While outdoors, elephants must have access to sand or
soil at all times for dust bathing. (AZA Standards for
Elephant Management and Care Section 1.4.6.)
f) Adult males (six years and above) may be housed alone,
but not in complete isolation (opportunities for tactile,
olfactory, visual, and/or auditory interaction with other
elephants must be provided). (AZA Standards for Elephant
Management and Care Section 2.2.5.)
g) Zoos should make every effort to maintain elephants in
social groupings. It is inappropriate to keep highly
social female elephants singly. Institutions should strive
to hold no less than three female elephants wherever
possible. All new exhibits and major renovations must have
the capacity to hold three of more female elephants. (AZA
Standards for Elephant Management and Care Section 2.3.1.)
h) Electrical devices designed for use on livestock, such a
commercially manufactured electric prods and shocking
collars/belts, are prohibited as routine training tools or
for handling animal during exhibition. (AZA Standards for
Elephant Management and Care Section 5.1.1.)
i) The following training tools/techniques to be
inappropriate for use at member institutions (AZA Standards
for Elephant Management and Care Section 5.1.2):
i) Insertion of any implement into any bodily orifice
unless directed by a veterinarian specifically in
connection with training for a medical or reproductive
procedure. (AZA Standards for Elephant Management and
Care Section 5.1.2.)
ii) Striking an elephant with anything more substantial
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than an ankus (a traditional training tool used by
elephant trainers). (AZA Standards for Elephant
Management and Care Section 5.1.2.)
iii) Striking an elephant with any sharp object,
including the hook of an ankus. (AZA Standards for
Elephant Management and Care Section 5.1.2.)
iv) Striking an elephant on or around any sensitive
area, such as the eyes, mouth, ears of genital region.
(AZA Standards for Elephant Management and Care Section
5.1.2.0)
v) No tools used in training should be applied
repeatedly and with such force that they cause any
physical harm to an animal (i.e., breaking of the skin,
bleeding, bruising, etc.). (AZA Standards for Elephant
Management and Care Section 5.1.2.)
vi) Withholding or reducing an animal's
daily-recommended amount of food and or water. (AZA
Standards for Elephant Management and Care Section
5.1.2.)
vii) Withholding veterinary care for any reason. (AZA
Standards for Elephant Management and Care Section
5.1.2.)
j) Protracted and repeated use of corporal discipline in
training is of serious ethical concern and AZA considers
abusive training practices to be unacceptable. (AZA
Standards for Elephant Management and Care Section 5.1.2.)
aa) Chaining is acceptable as a method of temporary
restraint. However, elephants must not be subjected to
prolonged chaining (for the majority of a two-hour period)
unless necessary for veterinary treatment or transport.
Institutions that regularly use chains for some portion of
the day must alternate the chained foot on a daily basis.
(AZA Standards for Elephant Management and Care Section
5.5.1.)
5)Arguments in Support : According to Gale Hazelhofer ,
"Elephants are highly intelligent, social animals that live in
extended family groups and mirror humans in terms of emotion,
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age progression, longevity and social bonds. This bill is a
common-sense piece of legislation that looks at some of the
most egregious issues facing elephants and offers a solution.
"The bullhook (a stick with a spike at the end, somewhat like a
fireplace poker) is the most common implement or device used
to train, punish, and control elephants. Both ends of the
bullhook are used to inflict pain. Forceful use of the
bullhook (sometimes drawing blood) in training sessions is
common practice in order to render elephants submissive and to
train elephants to perform tricks. The bullhook is then used
as an intimidation device once elephant trainers are in view
of the public. Elephants obey the bullhook as a 'guide'
because they recognize it as a source of pain. Opponents to
this bill may call the bullhook a 'guide', an 'extension of
the trainer's arm', and liken it to the 'reins for a horse' or
the 'leash for a dog'. However, if an owner of a dog were to
use a bullhook to control his/her dog, it would be considered
animal abuse in every state.
"There is an alternative training method that can be used. In
fact, most of the accredited zoos in California are now
utilizing this training method that relies solely on positive
reinforcement to guide elephant behavior.
"The practice of chaining is one of the most common methods of
confining elephants in captivity and goes hand-in-hand with
the use of the bullhook. Chaining severely restricts an
elephant's movements - even elementary ones such a lying down,
walking or socializing with other elephants. The resultant
lack of movement, due to chaining, results in neurosis and
stereotypic behavior in elephants such as swaying, packing and
head-bobbing. This behavior, which indicates psychological
distress, is not observed in elephants in the wild.
"In addition, elephants housed at stationary facilities are
denied proper substrate and enrichment. They are denied
adequate space to roam. In the wild, they travel miles and
miles a day which maintains their foot and overall health.
All of these factors lead to painful health problems like
arthritis, recurring foot infections and abscesses, obesity,
digestive disorders, neurotic behaviors, and reproductive
disorders. These conditions lead to premature death in
captive elephants. More than half of the 46 elephants who
died at accredited zoos nationwide since 2000 failed to reach
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their 40th birthday, dying far short of their 70-year life
expectancy."
6)Arguments in Opposition : The International Animal Welfare
Alliance states:
a) "The loss of elephants in the entertainment, education
and zoo industries will have a catastrophically negative
impact on elephant conservation. Most funding for wild
elephant conservation is achieved by the zoos and
commercial exhibitors that care for and house elephants.
Their efforts to educate and accomplish public awareness
are the key to the survival of all species and the funding
comes from their captive elephant programs.
b) "The pertinent language in this bill is extremely
redundant to existing laws with the exception to language
that will eliminate the participation of elephants in
entertainment and education as well as render most zoos and
exhibitors unable to continue caring for their elephants in
a safe and humane manner.
c) "Lake a horse's bit or a dog's choke collar, when used
properly and legally, a bullhook or ankus is a guidance
tool, not a disciplinary devise. All can become abusive if
used improperly. The majority of all captive elephants are
familiar and comfortable with the ankus. Elimination of
the ankus will result in a complete inability to handle the
elephants safely and responsibly outside their permanent
enclosures. Lack of such an instrument is what led to the
death of a handler at the Tennessee Elephant Sanctuary in
2006. Laws already exist addressing the abusive use of the
ankus. This restriction would place safely handled free
contact elephants behind bars forever. This bill also by
letter eliminates the use of hotline fencing, commonly used
to house horses, sheep, cattle, etc. The elimination of
such a tool would only take more space away from elephants.
d) "Chains are used to temporarily restrict and secure an
elephant's movements as leashes and lead ropes are used on
dogs and horses. Abolition of chains will make it
impossible to transport elephants safely and comfortably.
Most elephants familiar with the practice are terrified to
travel without chains. They relate to them as humans do
safety belts in cards finding a familiar security with
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them. Once again, laws already exist addressing the
possibility of abuse. Although this bill accommodates the
use of chains for medical reasons, attempting to use chains
on sick elephants that have not been conditioned to accept
them as a normal part of their daily protocol is both
irresponsible and inhumane. Not training such a protocol
to have it available should an elephant require treatment
is already neglectful. We can support this with veterinary
testimony.
e) "One does not 'allow' an elephant exercise and we
question if a 'global positioning' devise is actually
available that has been tested and proven healthy and safe
to use on an elephant aw well as productive to this issue?
This is a prime example of a person who has never cared for
elephants being misled by others who have no such
experience either. Asking for technology that does not
exist is unreasonable. 'Remote food dispensers' is yet
another unreasonable technological devise that we have
never seen used for elephants. Also, any person with
experience caring for elephants knows that close monitoring
of food and water is a key element of a veterinary care
program.
f) "The mandatory dept of seven feet for a pool is
excessive, unnecessary, and possibly dangerous to some
elephants. Elephants can submerge themselves in less dept
without such a risk to those uncomfortable in deep water.
Facilities exist in California today (of which you have
been invited to several times) that utilize safer,
shallower pools that can provide proof that elephants can
submerge themselves completely in such pools. Deeper pools
also present a danger to less dominant elephants should
they be accosted by a more dominate animal in a pool. We
can support this with veterinary testimony.
g) "Experience has proven that the planting of grasses or
shrubs lasts less than one day upon allowing an elephant
access to it. It is not a necessary substrate for the
elephant's health and well-being and, in some cases, it can
actually be detrimental to some elephants that habitually
immediately ingest such freshly planted items. The
described 'soft, natural substrate areas' - 'rototilled
daily or weekly' again defines a clear lack of elephant
husbandry experience for such a substrate guarantees foot
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rot as well as an increase in joint problems for lack of
proper support of such a heavy animal.
"Tilled areas in the winter will result in a constant sea of
mud. Feces and urine control will be impossible to
regulate on such a substrate, again contributing to the
deterioration of their feet. Elephants require a substrate
that provides support yet has the forgiving nature of
natural earth. Soft ground for an elephant is far
different than soft ground for a much lighter creature -
such as a human being. Forcing any animal to live on soft,
deep surfaces forces the animal to work much harder to
move. For instance, riding a horse on sand is far more
demanding on a horse than riding it on a properly packed
surface. We can support this with veterinary testimony.
h) "Subsection (c) of this bill will only deter zoos from
improving their facilities sooner than later making
elephants go without a better facility in the near future
(if at all). Many zoos will choose not to upgrade at all
in an attempt to escape the unfair and unrealistic
realities of this bill.
i) "This bill will render most zoos and private facilities
in the United States unable to continue housing and
studying elephants. These institutions are the insurance
policies for elephants in the wild should tragedy occur,
requiring repopulation to assure the survival of the
species. Such a bill will end a long, involved breeding
study many have dedicated their entire lives to in an
attempt to assure the survival of elephants. Tools like
the ankus, leg chains and hotline fencing are as important
to that study as is the elephant's comfort with such
tools."
7)Prior Legislation :
a) AB 3027 (Levine), of the 2005-06 Legislative Session,
would have required that, by January 1, 2009, each person
who possessed, kept, or maintained elephants at a
stationary facility to make an outdoor space with a minimum
of five acres per three elephants and an additional
one-half acre for each additional elephant. AB 3027 was
held in the Assembly Appropriations Committee's Suspense
File.
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b) AB 1000 (Horcher), of the 1995-96 Legislative Session,
would have prohibited the chaining of elephants in their
permanent facility unless the chaining was for training
purposes limited to two hours per a day or veterinary care.
AB 1000 failed passage in the Assembly Committee on Public
Safety.
REGISTERED SUPPORT / OPPOSITION :
Support
Animal Protection Institute (Sponsor)
California Federation for Animal Legislation
Six private individuals
Opposition
American Humane Association
Animal Exhibitors Alliance
Anshutz Entertainment Group
California Association of Zoos and Aquariums
California Labor Federation
California Teamsters Public Affairs Council
California Travel Industry Association
Clear Channel Radio
Cougar Hill Ranch, Inc.
Elephant Managers Association
Feld Entertainment, Inc.
Have Trunk Will Travel
Inland Empire Film Commission
International Animal Welfare Alliance
Leopards, Etc.
Monterey County Film Commission
Outdoor Amusement Business Association
Sacramento Zoological Society
Santa Barbara Zoo
Six Flags Discovery Kingdom
Teamsters Local Union 481
Wild Things A.R., Inc.
Zoological Society of San Diego
34 private individuals
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
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319-3744