AB 2140,
as amended, Bloom. begin deleteDepartment of Fish and Wildlife: deputy director. end deletebegin insertMarine mammals: protection of orcas: unlawful activities.end insert
(1) Existing law makes it unlawful to take any marine mammal, as defined, except as provided under specified federal laws.
end insertbegin insertThis bill would make it unlawful to hold in captivity, or use, a wild-caught or captive-bred orca, as defined, for performance or entertainment purposes, as defined, to capture in state waters, or import from another state, any orca intended to be used for performance or entertainment purposes, to breed or impregnate an orca in captivity, or to export, collect, or import from another state the semen, other gametes, or embryos of an orca held in captivity for the purpose of artificial insemination, except as provided. The bill would make every person, corporation, or institution that violates those provisions guilty of a misdemeanor punishable by a fine of not more than $100,000 or by imprisonment in a county jail for not more than 6 months, or by both the fine and imprisonment. By creating a new crime, the bill would impose a state-mandated local program.
end insertbegin insert(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertUnder existing law, the Department of Fish and Wildlife is required to enforce and administer the fish and game laws pursuant to the policies formulated by the Fish and Game Commission. The department is administered by the Director of Fish and Wildlife. There is one deputy director of the department.
end deleteThis bill would make nonsubstantive changes to the latter provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 4502 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
2to read:end insert
(a) It is unlawful for any person to do any of the
4following:
5(1) Hold in captivity, or use, a wild-caught or captive-bred orca
6for performance or entertainment purposes.
7(2) Capture in state waters, or import from another state, any
8orca intended to be used for performance or entertainment
9purposes.
10(3) Breed or impregnate an orca in captivity.
11(4) Export, collect, or import from another state the semen,
12other gametes, or embryos of an orca held in captivity for the
13purpose of artificial insemination.
14(b) Every person, corporation, or institution that violates
15subdivision (a) is guilty of a misdemeanor and, upon conviction
16thereof, shall be punished by a fine of not more than one hundred
17thousand dollars ($100,000), or by imprisonment in a county jail
18for not more than six months, or by both the fine and imprisonment.
19(c) (1) This section does not apply to an orca that is held for
20rehabilitation after a rescue or stranding, or for research purposes.
21However, an orca that is held for rehabilitation or research
P3 1purposes shall be returned to the wild whenever possible, and, if
2return to the wild is not possible, the orca shall be held in a sea
3pen that is open to the public and not used for performance or
4entertainment purposes.
5(2) Orcas held for performance or entertainment purposes prior
6to the
enactment of this section shall be rehabilitated and returned
7to the wild where possible, subject to any required state or federal
8permits. If it is not possible to return these orcas to the wild, as
9determined by the best available science, then these orcas shall
10be transferred and held in a sea pen that is open to the public and
11not used for performance or entertainment purposes.
12(3) Until an appropriate sea pen has been established, captive
13orcas held in the state may be kept in existing enclosures. Those
14orcas shall not be exported or used for gametes, or embryos
15intended for artificial insemination. Where, based on the best
16available science, it is determined that an orca has the potential
17to return to the wild under paragraph (2), that orca may be
18exported from the state to facilitate its rehabilitation in native
19waters, subject to any required state or federal permits.
20(d) For purposes of this section, the following terms have the
21following meanings:
22(1) “Orca” means a killer whale (Orcinus orca).
23(2) “Performance or entertainment purposes” includes, but is
24not limited to, any routinely scheduled public exhibition that is
25characterized by music or other sound effects, choreographed
26display or training for that display, or unprotected contact between
27humans and orcas. Holding of an orca is not, by itself, a
28performance or entertainment purpose.
29(3) “Unprotected contact” means physical contact between a
30human and an orca that occurs in the absence of a protective
31barrier or distance between the trainer and the orca, unless
32required for veterinarian veterinary care.
33(4) “Sea pen” means an in-water enclosure
that is anchored to
34the sea floor, and attached to the shore.
35(e) The provisions of this section are severable. If any provision
36of this section or its application is held invalid, that invalidity shall
37not affect other provisions or applications that can be given effect
38without the invalid provision or application.
No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P4 1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.
Section 701.3 of the Fish and Game Code is
9amended to read:
There shall be one deputy director of the department
11who shall be a civil executive officer and shall be appointed by
12the Governor and serve at the pleasure of the Governor. The
13compensation of the deputy director shall be fixed by the director
14pursuant to law. The deputy director shall have those duties
15assigned, from time to time, by the director, and shall be
16responsible to the director for the performance
of those duties.
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