BILL ANALYSIS Ó
AB 2075
Page 1
ASSEMBLY THIRD READING
AB 2075 (Alejo)
As Amended March 28, 2014
Majority vote
WATER, PARKS & WILDLIFE 13-0
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|Ayes:|Rendon, Bigelow, Allen, | | |
| |Bocanegra, Dahle, | | |
| |Frazier, Beth Gaines, | | |
| |Gatto, Gomez, Gonzalez, | | |
| |Gray, Patterson, | | |
| |Rodriguez | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Extends the sunset on provisions of existing law
allowing the importation, possession and sale of alligator and
crocodile products in California for 10 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 (U.S.) is a
party.
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FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
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)
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), Chapter 660, Statutes of 2006, 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),
AB 2075
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Chapter 15, Statutes of 2009. 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.
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 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.
AB 2075
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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.
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 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.
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
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program has been recognized by CITES as a world-wide model for
sustainable conservation. Other supporters 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.
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 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 instead
to five years.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0003126