BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1776| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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. CONTINUED AB 1776 Page 2 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) AB 1776 Page 3 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) AB 1776 Page 4 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 AB 1776 Page 5 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 AB 1776 Page 6 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 AB 1776 Page 7 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 AB 1776 Page 8 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 AB 1776 Page 9 DLW:d 7/3/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****