AB 1453, as amended, Bloom. Protection of orcas: unlawful activities.
(1) Existing law makes it unlawful to take any marine mammal, as defined, except as provided under specified federal laws.
This bill would make it unlawful to hold in captivity an orca, whether wild-caught or captive-bred, for any purpose, including for display, performance, or entertainment purposes; to breed or impregnate an orca held in captivity; to export, collect, or import the semen, other gametes, or embryos of an orca held in captivity for the purpose of artificial insemination; or to export, transport, move, or sell an orca located in the state to another state or country, except as provided.
The bill would provide that a person, corporation, or institution that intentionally or negligently violates these provisions is guilty of a misdemeanor punishable by a fine not to exceed $100,000. By creating a new crime, the bill would impose a state-mandated local program.
(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.
This bill would provide that no reimbursement is required by this act for a specified reason.
(3) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 4502 is added to the Fish and Game Code,
2to read:
This section shall be known, and may be cited, as the
4California Orca Protection Act.
5(a) It is unlawful for any person to do any of the following:
6(1) (A) Except as provided in subparagraph (B) and subdivision
7(c), hold in captivity an orca, whether wild-caught or captive-bred,
8for any purpose, including, but not limited to, display, performance,
9or entertainment purposes.
10(B) An orca located in the state on the effective date of this act
11may continue to be held in captivity for its current purpose until
12June 1, 2017, and thereafter may be used only for educational
13presentations.
14(2) Breed or impregnate any orca held in captivity in the state.
15(3) Export, collect, or import the semen, other gametes, or
16embryos of an orca held in captivity for the purpose of artificial
17insemination.
18(4) Export, transport, move, or sell an orca located in the state
19to another state or country unless otherwise authorized by federal
20law or if the transfer is to another facility within North America
21that meets standards comparable to those provided under the
22Animal Welfare Act (7 U.S.C. Sec. 2131 et seq.).
23(b) A person, corporation, or institution that intentionally or
24negligently violates subdivision (a) is guilty of a misdemeanor
25and, upon conviction thereof, shall be punished by a fine not to
26exceed one hundred thousand dollars ($100,000).
27(c) This section does not apply to an orca that is held for
28rehabilitation after a rescue or stranding or for research purposes.
P3 1However, an orca that is held for rehabilitation or research purposes
2shall be returned to the wild whenever possible and, if return to
3the wild is not possible, the orca may be used for educational
4presentations, but shall not be used for breeding, performance, or
5entertainment purposes.
6
(c) This section does not apply to an orca that is held by a bona
7fide educational or scientific institution for rehabilitation after a
8rescue or stranding or for research purposes. However, the
9department shall be notified immediately upon the rescue or
10acquisition of any orca, and an orca that is held for rehabilitation
11or research purposes shall be returned to the wild whenever
12possible. If return to the wild is not possible, the orca may be used
13for educational presentations, but shall not be used for breeding,
14performance, or entertainment purposes.
15(d) As used in this section, the following terms are defined as
16follows:
17 (1) “Educational presentation” means a live, scheduled orca
18display in the presence of spectators that includes natural behaviors,
19enrichment, exercise activities, and a
live narration and video
20content that provides science-based education to the public about
21orcas.
22(2) “Orca” means a killer whale (Orcinus orca).
begin insert
23
(3) “Bona fide educational or scientific institution” means an
24institution that establishes through documentation either of the
25following:
26
(A) Educational or scientific tax exemption, from the federal
27Internal Revenue Service or the institution’s national, state, or
28local tax authority.
29
(B) Accreditation as an educational or scientific institution,
30from a qualified national, regional, state, or local authority for
31the institution’s location.
32
(C) Accreditation by a
nationally or internationally recognized
33zoological or aquarium accreditation organization.
34(e) The provisions of this section are severable. If any provision
35of this section or its application is held invalid, that invalidity shall
36not affect other provisions or applications that can be given effect
37without the invalid provision or application.
No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P4 1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.
This act is an urgency statute necessary for the
8immediate preservation of the public peace, health, or safety within
9the meaning of Article IV of the Constitution and shall go into
10immediate effect. The facts constituting the necessity are:
11In order to ensure the protection ofbegin delete Orcasend deletebegin insert orcasend insert at the earliest
12possible time, it is necessary that this act take effect immediately.
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