BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 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





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          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







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          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. 








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          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

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