BILL ANALYSIS 1
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: SB 1345 HEARING DATE: April 13, 2010
AUTHOR: Calderon URGENCY: No
VERSION: As Introduced CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Prohibited importation of dead animal parts.
BACKGROUND AND EXISTING LAW
Beginning on January 1, 2008, California began the lawful
importation from Australia of skins and products made from
kangaroo. At the time, California was reportedly the only state
with a prohibition of kangaroo products. In 2007, SB 880
(Calderon) succeeded in changing California law, following
several previous attempts by other legislators.
SB 880 authorized imports of kangaroo products only from
kangaroo species that could lawfully be harvested in Australia
(under both national and state laws) and that were not listed as
threatened or endangered by the U.S. endangered species act or
applicable international laws.
SB 880 was amended by the Senate Natural Resources Committee to
contain provisions negotiated by the then-chair of the
committee, Senator Darrell Steinberg, now the Senate Pro
Tempore. These provisions, which were conceived and drafted at
the hearing, conditioned the implementation of SB 880 and the
lawful importation of kangaroo products into California on a
amendment to the bill by which the Australian national
government would annually inform the Department of Fish and Game
that the commercial harvest of kangaroos did not exceed the
official quota established for 2007 or the official quota for a
subsequent year, whichever is lower.
The "Steinberg amendments" also required the Department of Fish
and Game to inform the Australian national government that the
importation of kangaroo products into California would be halted
if the department did not receive the report.
SB 880 contained a sunset clause of January 1, 2011 that, if it
becomes effective, would restore the criminal code provisions
that formerly applied to the importation of kangaroo products as
well as its other provisions.
Based on information received from DFG, the Australian national
government has informally reported harvest data in Australia for
2008.
PROPOSED LAW
This bill would repeal the "Steinberg amendments" and repeal the
sunset clause.
ARGUMENTS IN SUPPORT
A company, 5.11 Tactical, is the sponsor of the bill and stated
that extending the sunset is important so that law enforcement
personnel can continue to use "black boots" made from kangaroo
leather, a superior leather because of its light weight and
flexibility. It says 100,000 pairs of boots are distributed
annually in California.
On behalf of the Australian national government, the Australian
consulate office in Los Angeles expressed support for the bill
and indicated its belief that it had complied with the reporting
requirements for 2008, the first year that SB 880 was in effect.
In its letter, the consulate pledges that information on 2009
will be transmitted to DFG shortly. The Australian consulate
also indicated that all kangaroo exports come from animals that
are harvested lawfully and in accordance with a wildlife trade
management plan. In previous correspondence with the Legislature
on previous kangaroo legislation, the Australian government
asserted that kangaroo harvesting is strictly monitored and is
as humane as possible.
Adidas, a footwear and clothing company, supports the bill and
argues that kangaroo products should be available for
international trade, including in California markets, without
further restrictions or threats of litigation. It points out
that these products are available in California from purchases
on the internet or through mail order catalogs.
Three soccer clubs also support the bill.
ARGUMENTS IN OPPOSITION
The Humane Society of the United States is opposed on the basis
that the information that was supposed to be provided by
Australia has only been partially received. HSUS believes that
DFG received information for 2008, but not for 2009.
Moreover, HSUS contends that this law was passed to protect
species that resemble listed species, and that in Australia,
those who hunt kangaroos (often at night) are not able to
distinguish species that are lawful to hunt from those that are
not. In particular, this organization believes that mistakes can
be made in distinguishing Western Grey Kangaroos from Eastern
Grey Kangaroos. The former are protected; the latter are not.
HSUS believes that on policy grounds, California should not
extend the sunset provision and should uphold native wildlife
protection laws whether those laws protect wildlife in
California or elsewhere. The Humane Society is also concerned
about the inhumane methods used to kill kangaroos including the
young of female kangaroos.
COMMENTS
If no action is taken by the Legislature, then SB 880 will
sunset by its own terms and kangaroo products would again be an
illegal commodity in California. The Committee may consider such
a result to be impractical, given that some degree of retail
trade has now become established, and in fact, was established
to some degree even before the ban was lifted.
On the other hand, if the Committee is concerned that the
reporting provisions of SB 880 have been in effect essentially
for only one year, it could simply extend the sunset for a
specific period of years and retain the "Steinberg amendments"
in order to establish a record of compliance from which a future
decision on the sunset provision could be based.
One final note: DFG advises the Committee that the information
on the Australian harvest is provided to the DFG through email
and a link to the data that is on an Australian government
website. While that data is presumptively correct, it should be
noted that SB 880 contemplated a report to DFG, not simply an
email, that could then be provided to the Legislature.
SUPPORT
5.11 Tactical
Adidas America, Inc.
Australian Consulate-General Los Angeles
California Hispanic Chamber of Commerce
Chivas USA
Los Angeles Galaxy
San Jose Earthquakes
Sporting Goods Manufacturers Association
OPPOSITION
Humane Society of United States