BILL ANALYSIS Ó
AB 2075
Page 1
Date of Hearing: April 8, 2014
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Anthony Rendon, Chair
AB 2075 (Alejo) - As Amended: March 28, 2014
SUBJECT : Alligators and crocodiles
SUMMARY : Extends the sunset on provisions of existing law
allowing the importation, possession and sale of alligator and
crocodile products in California for ten years until 2025.
EXISTING LAW :
1)Makes it unlawful to import into the state for commercial
purposes, to possess with intent to sell, or to sell within
the state, the dead body, or any part or product thereof, of
specified wild animal species that are not native to
California. Violation of this prohibition is punishable as a
misdemeanor subject to a fine of not less than $1,000 and not
more than $5,000, or six months imprisonment, or both the fine
and imprisonment.
2)Makes it unlawful, commencing January 1, 2015, to import into
this state for commercial purposes, to possess with intent to
sell, or to sell within the state, the dead body, or any part
or product thereof, of a crocodile or alligator. Importation,
possession and sale of such products are currently allowed in
California until that date, except that the law does not
authorize importation or sale of any alligator or crocodilian
species, or any products thereof, that are listed as
endangered under the federal Endangered Species Act, or where
such action would be in violation of any federal law or
international treaty to which the United States is a party.
FISCAL EFFECT : None; this bill was identified by Legislative
Counsel as nonfiscal.
COMMENTS : Prior to 2006, California law prohibited the
importation of products made from alligators or crocodiles. The
American Alligator was listed as endangered under federal law in
1967. Due to substantial recovery of the species, it was
reclassified in 1987 as "threatened due to similarity of
appearance" with other endangered or threatened alligator and
crocodile species. The U.S. Fish and Wildlife Service (USFWS)
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thus regulates the harvest of alligators and legal trade in the
animals, their skins, and products made from them, as part of
efforts to prevent the illegal take and trafficking of
endangered "look-alike" species. The American Alligator has
been internationally recognized as an exemplary example of
successful conservation through sustainable management.
However, nearly 20 other species of alligators and crocodiles in
the world are listed as endangered or threatened. Nine species
are used in commercial trade and the American Alligator
constitutes about 60% of total world trade.
In 2006, former Governor of Louisiana Kathleen Blanco sponsored
SB 1485 (Hollingsworth), which lifted the ban on importation and
sale of alligator and crocodile products in California. The
state of Louisiana argued that permitting the sale of alligator
products in California would encourage sustainable use
management of alligator populations in Louisiana, benefit local
communities and economic recovery in that state, and encourage
conservation of wetlands. The Legislature agreed to lift the
ban but added a sunset clause of 2010 in response to concerns
that allowing importation could encourage increased production,
putting increased pressure on wild stocks, or lead to more
harvesting of endangered or threatened species that resemble
species taken legally. An international treaty, known as the
Convention on International Trade in Endangered Species of Wild
Flora and Fauna (CITES) regulates trade of alligators and
crocodiles and requires that all legal hides be tagged to
distinguish them from listed species that are not permitted to
be legally traded.
In 2009, the law allowing importation and sale of alligator and
crocodile products in California was extended for another five
years to 2015 with the passage of SB 609 (Hollingsworth). The
state of Louisiana was again the sponsor of that measure, and
asserted that the opening up of the California market had helped
to support a sustainable use program that generated significant
annual economic revenue for coastal Louisiana.
History of Alligator Harvest in Louisiana : The Louisiana
2012-13 annual report on their alligator management program
indicates that since 1972 the state has farm-raised 4.8 million
alligators, harvested 904,000 alligators from the wild, and
collected 7.5 million eggs. The population of alligators
declined in the 1950's due to over-exploitation and the
alligator season was closed in Louisiana in 1962. The species
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was listed as endangered in 1967. After the species recovered,
the hunting season was reopened in select areas starting in
1972, and then statewide in 1981.
The export of alligator skins and products has been regulated by
CITES since 1975. The USFWS administers CITES for the U.S. The
American Alligator is listed on Appendix II of CITES because of
their similarity of appearance with other endangered crocodilian
species. In order to export alligator hides and products, the
state of Louisiana is required by USFWS and CITES regulations to
certify annually that the harvest programs will not be
detrimental to the survival of the species. The Louisiana
Department of Wildlife and Fisheries (LDWF) annually inventories
nest production throughout the state to assess population
status. In the summer of 2012 they estimated based on aerial
surveys that 42,151 wild alligator nests were present in coastal
marsh habitats, an 18% increase from 2011. Based on the
surveys, annual harvest quotas are established for different
habitat areas. The LDWF estimates the current statewide
population of alligators at approximately 1.5 million animals.
The LDWF also regulates the collection of alligator eggs from
the wild which are then grown in captivity on alligator farms.
The number of eggs collected, which are collected on specific
lands pursuant to permits, is estimated to be somewhat less than
half the total number of eggs produced in the wild statewide.
The LDWF requires that 12% of the juvenile alligators hatched
from the eggs be returned to the wild within 2 years of
hatching. Alligators released are tagged so the LDWF can
monitor their fate following release. The LDWF believes that
the survival rate of released alligators is similar to that of
wild-hatched alligators.
In 2009, coastal flooding and tropical weather limited egg
collections. Many farmers decided to forego egg collections in
2009. The economic recession also decreased demand for
farm-raised alligator skins, and many farmers were unable to
sell the skins. The department indicates that the market has
since recovered and by 2013 was back to pre-recession levels.
CITES Regulation : Under CITES, all hides sold commercially are
required to be tagged, however, once the hides are made into
products the products do not carry tags. All countries are also
required to submit annual reports on alligator and crocodile
harvest to CITES. The CITES 2012 report indicates that
"incomplete data due to late submission or failure to submit
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CITES annual reports remains an impediment to conducting trade
studies using CITES trade data." The U.S. has filed all
required annual reports. Countries failing to file reports
include Bolivia, Cambodia, Ethiopia, Guyana, Malawi, Nicaragua
and Panama. The report also notes accuracy of data and the
quality of some of the submitted reports are further
limitations. CITES' attempts to reduce errors to a minimum by
cross matching import data with original export permit
information. The report indicates that "significant improvement
in reporting of crocodilian trade continues; however, absence of
annual reports from some countries continues to be a hindrance
to timely analysis of the trade."
In recent years some issues have been raised regarding
appropriate humane methods for slaughter of farm-raised
alligators. The LDWF, along with the Louisiana State University
School of Veterinary Medicine has conducted research to
determine the most humane slaughter methods, the results of
which have been incorporated into a report entitled "Best
Management Practices for Louisiana Alligator Farming." The
recommended methods have been approved by the American
Veterinary Medicine Association. The LDWF plans to move forward
within the next few months with regulations on humane slaughter
of farm-raised alligators.
Support Arguments : The LDWF expresses strong support for this
bill and notes that wise, sustained utilization of commercially
valuable wildlife species can be a conservation tool. The trade
creates an economic incentive to conserve wetlands, and the
legal trade of alligators is a multi-million dollar industry
benefiting the citizens of their state. They note that
Louisiana's management program has been recognized by CITES as a
world-wide model for sustainable conservation. Other supports
also note that trade in crocodile and alligator products is
internationally recognized as an integral part of one of the
great wildlife conservation success stories, and creates
economic incentives to conserve predatory species that might
otherwise be considered pests. Supporters also include
retailers who sell alligator products in California and assert
that this bill helps to foster economic growth in the retail,
fashion and design industries.
Opposition Arguments : Opponents assert that since finished
products made from alligator or crocodile hides do not carry
tags, it is difficult to determine whether these products come
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from legally traded hides or from critically endangered animals.
The law could therefore end up threatening endangered or
threatened species or contribute to the inhumane treatment of
animals. They also recommend that the 10 year extension should
be shortened.
REGISTERED SUPPORT / OPPOSITION :
Support
American Tanning & Leather LLC
American Watch Association
Battaglia Beverly Hills
Beverley Hills Chamber of Commerce
California Chamber of Commerce
California Restaurant Association
California Retailers Association
Crocodile Specialist Group of the Species Survival Commission,
of the International Union for the Conservation of Nature
Fashion World, Inc., dba Bijan
Fendi, Rodeo Drive
Fendi, Beverly Center
Gearys Beverly Hills
Horiuchi Trading Co, Ltd.
Hublot Boutique
IWC Schaffhausen
LANVIN, Rodeo Drive
Loro Piana
Louisiana Alligator Advisory Council
Louisiana Department of Wildlife and Fisheries
Maxfield
Richard Mille Boutique
Rhonda Ochs, LLC
Stefano Ricci
Swatch Group, Ltd.
West Hollywood Chamber of Commerce
Westime
Opposition
Humane Society of the United States
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
AB 2075
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