BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1345| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1345 Author: Calderon (D) Amended: 4/20/10 Vote: 21 SENATE NATURAL RES. & WATER COMMITTEE : 8-0, 4/13/10 AYES: Cogdill, Hollingsworth, Huff, Kehoe, Lowenthal, Padilla, Simitian, Wolk NO VOTE RECORDED: Pavley SUBJECT : Prohibited importation of dead animal parts SOURCE : Author DIGEST : This bill requires the annual information provided by the Australian government to the Department of Fish Game, concerning the exception to the prohibited importation of dead kangaroo parts to be in writing, and this extends the sunset date of the exception from 1/1/11 to 1/1/16. ANALYSIS : 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. SB 880 (Calderon), Chapter 576, Statutes of 2008, succeeded in changing California law, following several previous attempts by other legislators. SB 880 authorized imports of kangaroo products only from CONTINUED SB 1345 Page 2 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 (DFG) 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 DFG 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, will 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 5/5/10) (Per Senate N.R. & W Committee) 5.11 Tactical Adidas America, Inc. Australian Consulate-General Los Angeles California Hispanic Chamber of Commerce Chivas USA Los Angeles Galaxy SB 1345 Page 3 San Jose Earthquakes Sporting Goods Manufacturers Association OPPOSITION : (Verified 5/5/10) (Per Senate N.R.& W Committee) Humane Society of United States ARGUMENTS IN SUPPORT : A company, 5.11 Tactical, is the sponsor of this 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 (HSUS) 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. SB 1345 Page 4 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. CTW:DLW:do 5/5/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****