BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1345|
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THIRD READING
Bill No: SB 1345
Author: Calderon (D)
Amended: 5/11/10
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.
Senate Floor Amendments of 5/11/10 make the report that the
Australian government must provide on May 1 on an annual
basis and the report must also provide information on the
sustainability principles used to establish the quota on
kangaroo kills.
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,
CONTINUED
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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
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 5/12/10)
5.11 Tactical
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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 : (Verified 5/12/10)
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
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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.
CTW:DLW:do 5/12/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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