BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1776|
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                                 THIRD READING


          Bill No:  AB 1776
          Author:   Fong (D)
          Amended:  3/22/12 in Assembly
          Vote:     21

           
           SENATE GOVERNMENTAL ORGANIZATION COMM.  :  13-0, 6/12/12
          AYES:  Wright, Anderson, Berryhill, Calderon, Cannella, 
            Corbett, De León, Evans, Hernandez, Padilla, Walters, 
            Wyland, Yee

           ASSEMBLY FLOOR  :  77-0, 4/16/12 (Consent) - See last page 
            for vote


           SUBJECT  :    State government:  Pacific leatherback sea 
          turtle

           SOURCE  :     Turtle Island Restoration Network


           DIGEST  :    This bill designates the Pacific leatherback sea 
          turtle (Dermochelys coriacea) as the official state marine 
          reptile and establishes October 15 as Pacific Leatherback 
          Sea Turtle Conservation Day.

           ANALYSIS  :    

          Existing law:

          1. Since 1970, lists the Pacific Leatherback Sea Turtle as 
             endangered, under the federal Endangered Species Act. 

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          2. Bans, effective January 1, 1990, all longline fishing in 
             the Exclusive Economic Zone (200 nautical miles seaward 
             from the coast) to prevent deaths of sea turtles. 

          3. AJR 62 (Leno), Resolution Chapter 100, Statutes of 2008, 
             make legislative findings acknowledging the decline of 
             west coast sea turtles and supporting efforts to 
             preserve and recover Pacific leatherback populations. 

          4. Names the Desert Tortoise (Gopherus agassizii) as the 
             state reptile.

          5. There is no designated category for state marine 
             reptile.

          Existing law designates the following as official state 
          insignia:

           State Flower - Golden Poppy  (Ch. 69, Statutes of 1903)

           State Bird - California Valley Quail (Ch. 777, Statutes 
            of 1931)

           State Tree - California Redwood includes both the coast 
            redwood (Sequoia empervirens) and the Sierra big tree 
            (Sequoia gigantea) (Ch. 134, Statutes of 1943; amended by 
            Ch. 1140, Statutes of 1953) 

           State Theatre - Pasadena Playhouse (Res. Ch. 45, Statutes 
            of 1937)

           State Fish - California Golden Trout (Res. Ch. 90, 
            Statutes of 1947)

           State Song - I Love You California (Res. Ch. 87, Statutes 
            of 1951)

           State Animal - California Grizzly (Ch. 1140, Statutes of 
            1953)

           State Motto - Eureka (Ch. 1237, Statutes of 1963)

           State Rock - Serpentine (Ch. 89, Statutes of 1965)








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           State Mineral - Native Gold (Ch. 89, Statutes of 1965)

           State Nickname - Golden State (Ch. 66, Statutes of 1968)

           State Reptile - Desert Tortoise (Ch. 683, Statutes of 
            1972)

           State Insect - California Dogface Butterfly (Ch. 521, 
            Statutes of 1972)

           State Fossil - Sabre-Tooth Cat (Ch. 792, Statutes of 
            1973)

           State Historical Society - California Historical Society 
            (Ch. 52, Statutes of 1979) 

           State Marine Mammal - California Gray Whale (Ch. 328, 
            Statutes of 1975)

           State Gemstone - Benitoite (Ch. 1365, Statutes of 1985)

           State Folk Dance - Square Dance (Ch. 1645, Statutes of 
            1988)

           State Dance - West Coast Swing (Ch. 1645, Statutes of 
            1988)

           State Prehistoric Artifact - Chipped Stone Bear (Ch. 73, 
            Statutes of 1991)

           State Marine Fish - Garibaldi (Ch. 948, Statutes of 1995)

           State Soil - San Joaquin Soil (Ch. 331, Statutes of 1997)

           State Fife and Drum Band - California Consolidated Drum 
            Band (Ch. 58, Statutes of 1997) 

           State Tartan - Based on the family tartan of the revered 
            John Muir (blue and green with red, gold, and blue seams) 
            (Ch. 100, Statutes of 2001)   

           State Gold Rush Ghost Town - Town of Bodie (Ch. 365, 
            Statutes of 2002)








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           State Tall Ship - Californian (Ch. 113, Statutes of 2003)

           State Grass - Nassella Pulchra - commonly referred to as 
            "purple needlegrass" (Ch. 243, Statutes of  2004)

           State Silver Rush Ghost Town - Calico (Ch. 90, Statutes 
            of 2005)

          Existing law requires the Governor to proclaim various days 
          as holidays and days of remembrance, including:

           The third Monday in January, as "Dr. Martin Luther King, 
            Jr. Day."

           February 12th, as "Lincoln Day."

           February 19th, as "Japanese American Evacuation Day."

           March 7th, as "Arbor Day."

           March 31st, as "Caesar Chavez Day."

           April 21st, as "John Muir Day."

           September 28th, as "Cabrillo Day."

           The fourth Friday in September, as "Native American Day."

           December 7th, as "Pearl Harbor Day."

           The third Saturday in June, as "Juneteenth National 
            Freedom Day."

           April 24th, as "California Day of Remembrance of the 
            Armenian Genocide."

           The month of February, as "Black History Month."

          This bill: 

          1. Makes legislative findings regarding the uniqueness of 
             the Pacific leatherback turtles, their endangered status 
             and population decline to the verge of extinction, and 
             the designation of over 16,000 square miles of 







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             California coastal waters as critical habitat to protect 
             high-use foraging areas. 

          2. Declares the Pacific leatherback sea turtle as the 
             official state marine reptile, and makes the following 
             changes: 

             A.    Designates October 15, in perpetuity, as the 
                Pacific Leatherback Sea Turtle Conservation Day. 

             B.    Encourages California public schools to add 
                information about Pacific leatherback sea turtles 
                into curriculum to raise awareness. 

             C.    Encourages state and federal agencies, 
                nongovernmental agencies, fishers, coastal tour 
                operators and other interested stakeholders to 
                participate in statewide, voluntary recordings of 
                sightings of Pacific leatherback sea turtles. 

             D.    Encourages state and federal agencies to build 
                cooperative relationships with island nations 
                where Pacific leatherback sea turtles nest in 
                order to promote awareness and conservation. 

             E.    Urges state and federal agencies to take 
                proactive conservation measures to prevent future 
                threats to Pacific leatherback sea turtles and 
                their habitat. 

          Comments
           
          According to the author's office, the International Union 
          for Conservation of Nature and Natural Resources currently 
          has the leatherback listed as "critically endangered" on 
          its list of threatened species.  By some estimates, these 
          ancient and majestic animals will be extinct in as little 
          as 10 years if nothing is done to bring awareness to the 
          leatherbacks' situation.  The author's office believes that 
          the people of California can play an integral role in 
          solving this problem by designating the Pacific leatherback 
          sea turtle as the State Marine Reptile.  Such designation 
          will help acknowledge the importance of the species to the 
          people of California and bring immediate recognition to the 







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          danger the turtles are facing.  The author's office 
          emphasizes that this bill will go a long way in helping 
          preserve these majestic creatures for the benefit of 
          California's residents for years to come.

          There are four types of marine reptiles including sea 
          turtles, water snakes, alligators, and crocodiles.  Of 
          those, California waters are only inhabited by one species 
          of water snake and seven species of sea turtles.  The 
          yellow-bellied sea snake is one of the most common sea 
          snakes and is found from southern California to Northern 
          South America.  The seven species of sea turtles include 
          Green, Kemps ridley, Olive ridley, Hawksbill, Leatherback, 
          Flatback, and Loggerhead.  Of the sea turtles, the 
          leatherback is unique in that it has existed virtually 
          unchanged for the past 150 million years; is the largest 
          known reptile, averaging six to seven feet and 550-1,500 
          pounds; and migrates 6,000 miles from the nesting beaches 
          in Indonesia, Papua New Guinea and the Solomon Islands to 
          forage on jellyfish off the coast of California.  This is 
          the longest known migration of any reptile species.  The 
          California coast is one of the most important feeding areas 
          in the world for the Pacific leatherback sea turtles and 
          these sea turtles are beneficial to the marine ecosystem.  
          They can eat their weight in jellyfish thus helping keep 
          the jellyfish population under control.  Jellyfish prey on 
          fish eggs and if their populations went unchecked, valuable 
          fish populations along the California coast might be 
          endangered.  The Pacific leatherback sea turtle population 
          has declined 90% in the past 25 years. The major threats to 
          survival include egg harvesting for human consumption, 
          certain fishing practices (including longline and coastal 
          gill netting), habitat loss, pollution, and climate change. 
           The Pacific leatherback sea turtle has been on the 
          endangered species list since 1970.  On February 26, 2012, 
          the National Marine Fisheries Service designated 16,910 
          square miles of the California coastal waters from Point 
          Arena in Mendocino County to Point Arguello in Santa 
          Barbara County, as critical habitat for the Pacific 
          leatherback sea turtle.  This is part of a worldwide effort 
          to raise awareness, educate, and preserve this species.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No







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           SUPPORT  :   (Verified  6/12/12)

          Turtle Island Restoration Network (source)
          American Federation of State, County and Municipal 
          Employees, AFL-CIO
          Azul
          California Coastal Commission
          California Coastkeeper Alliance
          Center for Biological Diversity
          Center for Oceanic Awareness, Research, and Education
          Clean Oceans Project
          Environment California
          Fish and Game Commission
          Food and Water Watch
          Friends of the Sea Otter
          Greenpeace USA
          Humane Society of the United States
          Maritime Museum of San Diego
          Monterey Bay Aquarium
          Ocean Institute
          Oceana
          O'Neill Sea Odyssey
          Sanctuary Cruises
          San Francisco Commission on the Environment
          Save Our Shores
          Save the Turtles, Inc.
          Sea Turtle Restoration Project
          Sierra Club California

          The following support list comes from the Senate 
          Governmental Organization Committee analysis:

          Asian Pacific American Ocean Harmony Alliance 
          Aquarium of the Bay
          Audubon California
          Ocean Conservation Society
          PawPac  
           

           ARGUMENTS IN SUPPORT  :    The author states that "The people 
          of California have to do their part in solving this problem 
          Ýof declining populations].  A way to acknowledge the 
          species' importance to California and the danger the 







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          turtles are facing would be to designate the Pacific 
          leatherback sea turtle as the State Marine Reptile.  By 
          spreading awareness about the leatherbacks and how to help 
          them, this bill will preserve these majestic creatures for 
          the benefit of California's residents for years to come." 

          Additional supporters state that because of their 
          trans-Pacific migration, the Pacific leatherback sea turtle 
          can serve as an international ambassador, ecologically 
          connecting Asia and California. Many educational materials 
          have already been created and are available for public use.

          Proponents contend that this bill provides an educational 
          platform for Californian school children and adults to 
          learn and appreciate the leatherback, while engraining the 
          importance of this ancient species into state law. 
          Proponents point out that both Florida and South Carolina 
          have designated the loggerhead sea turtle as symbols, 
          though no U.S. state has chosen the leatherback sea turtle. 
          Proponents argue that leatherbacks are unique in that they 
          are the only surviving member of their scientific family - 
          Dermochelyidae.  Proponents also note that "the ocean is a 
          huge part of our identity as Californians and our choice of 
          iconic, symbolic species should reflect our ocean 
          connection and uniqueness."


           ASSEMBLY FLOOR  :  77-0, 4/16/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Chesbro, Conway, Cook, Dickinson, Donnelly, Eng, 
            Feuer, Fletcher, Fong, Fuentes, Beth Gaines, Galgiani, 
            Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, 
            Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, 
            Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, 
            Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, 
            Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, 
            Perea, V. Manuel Pérez, Portantino, Silva, Skinner, 
            Smyth, Solorio, Swanson, Torres, Valadao, Wagner, 
            Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Cedillo, Davis, Furutani









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          DLW:d  7/3/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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