BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2075|
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THIRD READING
Bill No: AB 2075
Author: Alejo (D), et al.
Amended: 6/12/14 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 8-1, 6/10/14
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Lara, Monning,
Wolk
NOES: Jackson
ASSEMBLY FLOOR : 65-3, 4/21/14 - See last page for vote
SUBJECT : Crimes: importation or sale of endangered animals
SOURCE : California Retailers Association
DIGEST : This bill extends the sunset date by five years -
from January 1, 2015 to January 1, 2020 - of the law permitting
trade and possession, as specified, in alligator and crocodile
species, product or parts thereof.
ANALYSIS :
Existing law:
1.Makes it unlawful to import into California 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
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misdemeanor subject, as specified, to fine, imprisonment, or
both.
2.Makes it unlawful starting on January 1, 2015, to import into
California 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 allowed in the state
until that date, although the law does not authorize the
importation or sale of any alligator or crocodile species, or
any products thereof, that are listed as endangered under the
federal Endangered Species Act or where such action would
violate federal law or international treaty to which the
United States is a party.
This bill extends the sunset date by five years - from January
1, 2015 to January 1, 2020 - of the law permitting trade and
possession, as specified, in alligator and crocodile species,
product or parts thereof.
Background
Prior to 2006, California law prohibited the importation of
products made from alligators or crocodiles for commercial
purposes. SB 1485 (Hollingsworth, Chapter 660, Statutes of
2006) lifted the prohibition until January 1, 2010. Analyses of
that bill noted that this action could put increased pressure on
wild stocks or lead to more harvesting of endangered or
threatened species that resemble species taken legally. SB 609
(Hollingsworth, Chapter 15, Statutes of 2009) extended the
sunset until January 1, 2015.
The American alligator was listed as endangered under federal
law in 1967. Due to substantial recovery of the species, it was
reclassified in 1987 to "threatened due to similarity of
appearance" with other endangered or threatened alligator or
crocodile species. The U.S. Fish and Wildlife Service regulates
the harvest of and legal trade in alligators and alligator
products and parts, as part of its efforts to prevent the
illegal take and trafficking of endangered, but similar looking,
species.
Trade in the American alligator represents about 60% of
world-wide trade in alligator and crocodile species. While the
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American alligator is recognized as an example of successful
conservation through sustainable management, nearly 20 other
species of alligators and crocodiles are listed as endangered or
threatened world-wide. Nine of these species are used in
commercial trade.
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. The export of alligator skins and products
has been regulated by CITES since 1975. The American alligator
is listed on Appendix II of CITES because of its similarity of
appearance with other endangered crocodilian species. Once the
hides are made into products, however, the products do not carry
tags.
In Louisiana, the hunting season for American alligators was
reopened in select areas starting in 1972, and then statewide in
1981. In order to export alligator hides and products, the
state of Louisiana is required by The U.S. Fish and Wildlife
Service and CITES regulations to certify annually that the
harvest programs will not be detrimental to the survival of the
species. In the summer 2012 survey, the Louisiana Department of
Wildlife and Fisheries (LDWF) estimated that there were 42,151
wild alligator nests present in coastal marsh habitats, an 18%
increase from 2011. Annual harvest quotas are established for
different habitat areas based upon these surveys. 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. Egg collection is subject to
permitting and is estimated to be less than half of the total
number of eggs produced in the wild statewide. Additionally,
the LDWF requires that 12% of the juvenile alligators hatched
from the eggs be returned to the wild within two years of
hatching, and the released alligators are tagged for follow-up
monitoring. According to the Association of Fish and Wildlife
Agencies, the recent annual harvest in Louisiana is
approximately 34,000 wild alligators and 290,000 farm-raised
alligators.
Lately, issues have been raised regarding the appropriate humane
methods for slaughter of farm-raised alligators. Research has
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been conducted and a report, "Best Management Practices for
Louisiana Alligator Farming," issued. The recommended methods
have been approved by the American Veterinary Medicine
Association. The LDWF plans to promulgate regulations for the
humane slaughter of farm-raised alligators within the next few
months.
In 2009, coastal flooding and tropical weather limited egg
collection and many farmers decided to skip collecting eggs that
year. The economic recession also decreased demand for
farm-raised alligator skins, and many farmers were unable to
sell the skins. The market has recovered since then and reached
pre-recession levels by 2013.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/13/14)
California Retailers Association (source)
American Tanning & Leather LLC
American Watch Association
Association of Fish and Wildlife Agencies
Battaglia Beverly Hills
Belair Time Corporation
Beverly Hills Chamber of Commerce
Brooks Brothers
California Chamber of Commerce
California Restaurant Association
Crocodile Specialist Group
Exclusivo Baez
Farbod Barsum
Fashion World, Inc.
Fendi, Beverly Hills Center
Fendi, Rodeo Drive
Gearys Beverly Hills
Horiuchi Trading Co.
Hublot Boutique Beverly Hills
IWC North America
LANVIN
Loro Piana
Louisiana Alligator Advisory Council
Louisiana Department of Wildlife and Fisheries
Maxfield
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Rhonda Ochs, LLC
Richard Mille Boutique
Scoop NYC
Sloane Two Rodeo, LLC
Stefano Ricci
Swatch Group, Ltd.
United States Representative, Honorable Charles Boustany
United States Senator, Honorable Mary Landrieu
West Hollywood Chamber of Commerce
Westime
OPPOSITION : (Verified 6/13/14)
The Humane Society of the United States
Turtle Island Restoration Network
ARGUMENTS IN SUPPORT : Numerous retailers located in Beverly
Hills echoed these comments and added, "the City of Beverly
Hills is famous around the world for its diverse and
comprehensive luxury retail offerings and the prohibition of
these skins would place our city - and our state - at a great
competitive disadvantage with other states where there is no
such prohibition."
The Secretary of the Louisiana Department of Wildlife and
Fisheries states, "The economic incentive from legal, sustained
utilization of alligators leads to wetlands conservation, as
landowners manage, maintain, and enhance their wetlands to
ensure habitat is available for alligators and other fish and
wildlife species."
ARGUMENTS IN OPPOSITION : According to the Humane Society of
the United States, "The rationale for Penal Code 653(o) is to
ensure California does not contribute to the commercial trade in
species who face global threats that are threatening or
endangering them. All 23 species of large crocodiles and
alligators have been overexploited and each species is in listed
at some degree of threat on CITES Appendix I or II. The skins
of crocodiles and alligators that are taken from farmed animals
must attach a uniquely numbered, non-reusable tag. But these
tags are not included with every individual finished product
(e.g., purse, shoes, etc.) that is made from those skins. Thus,
Californians could end up purchasing products made from
critically endangered animals - undermining the entire reason
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for California's protective statute."
The Turtle Island Restoration Network writing in opposition
notes that, "the state of Louisiana is under fire from the
conservation and animal rights communities for its failure to
protect endangered species and other animals."
ASSEMBLY FLOOR : 65-3, 4/21/14
AYES: Achadjian, Alejo, Allen, Atkins, Bigelow, Bocanegra,
Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos,
Chávez, Conway, Cooley, Dahle, Daly, Dickinson, Donnelly, Fox,
Frazier, Beth Gaines, Garcia, Gomez, Gonzalez, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, John A.
Pérez
NOES: Gatto, Stone, Ting
NO VOTE RECORDED: Ammiano, Bloom, Bonilla, Chau, Chesbro,
Dababneh, Eggman, Fong, Gordon, Melendez, Yamada, Vacancy
RM:e 6/13/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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