BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 1453 Hearing Date: August 11,
2016
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|Author: |Bloom | | |
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|Version: |August 10, 2016 |
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|Urgency: |Yes |Fiscal: |Yes |
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|Consultant:|William Craven |
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Subject: Protection of orcas: unlawful activities.
BACKGROUND AND EXISTING LAW
1) Prohibits the take of any whale species without specific
authorization. Allows permits to be issued for take of a
whale from the wild for a limited number of purposes,
including for scientific research, for purpose of public
display, or for enhancing the survival or recovery of
specific stocks. Authorization can also be given for
incidental take of marine mammals in the course of
conducting certain activities. The National Marine
Fisheries Service (NMFS) is responsible for enforcement of
the MMPA. Requirements for permits for public display
include that the entity offers a program for education or
conservation based on professionally recognized standards
of the public display community, is registered or holds a
license under the Animal Welfare Act, and maintains
facilities open to the public on a regularly scheduled
basis.
2) Governs captive care, handling, treatment and
transportation of marine mammals held for public display,
and maintenance of marine mammal exhibits, under the
federal Animal Welfare Act. The Department of Agriculture,
Animal and Plant Health Inspection Service is responsible
for enforcement of the Animal Welfare Act. Standards for
maintenance and structure of orca pools include: minimum
horizontal dimension, volume and depth requirements; a plan
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of care approved by a veterinarian; and that animals be
housed with at least one compatible animal of the same or
biologically related species. Examples of pool dimensions
include that a pool holding two orcas must have a minimum
diameter of 48 feet, a depth of 12 feet, and a minimum
volume of 615 meters.
PROPOSED LAW
This urgency bill prohibits captive breeding of orcas in
California, and would allow the orcas that are currently being
held in captivity after June 1, 2017, to be used only for
educational presentations. This bill:
1) Makes it unlawful for any person to do any of the
following:
a) To hold an orca in captivity, whether wild-caught or
captive-bred, for purposes of display, performance or
entertainment.
b) To breed or impregnate any orca in captivity in the
state.
c) To export, collect or import the semen, gametes, or
embryos of an orca held in captivity for the purpose of
artificial insemination.
d) To export, transport, move or sell an orca located in
the state to another state or country unless authorized by
federal law.
2) Permits the transfer of an orca to another facility in North
America that meets standards comparable to those in the Animal
Welfare Act.
3) Makes any person who intentionally or negligently violates
any of the above prohibitions guilty of a misdemeanor,
punishable by a fine not to exceed $100,000.
4) Provides that this section does not apply to an orca that is
held for rehabilitation after a rescue or stranding, or for
research purposes and requires an orca that is held for
rehabilitation or research to be returned to the wild whenever
possible, and if return to the wild is not possible, prohibits
such an orca from being used for breeding, performance or
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entertainment purposes.
5) Defines "educational presentation" for purposes of this bill
to mean live, scheduled orca display in the presence of
spectators that includes natural behaviors, enrichment and
exercise activities and provides live narration and video
content providing science-based education to the public about
orcas.
6) Includes a severability clause, providing that if any of the
provisions in the bill are invalidated, that the other
provisions can be given effect.
ARGUMENTS IN SUPPORT
The author indicates that while he wholeheartedly endorses
SeaWorld's announcement to end captive breeding, company
leadership can change and with it, so can company directions.
The author asserts that the people of California and the animal
welfare advocates who have been at the forefront in calling for
this change need and deserve the assurance that codifying the
end of captive breeding of orcas in California will bring.
According to the animal welfare and environmental coalition
letter in support, there are 11 orcas currently in San Diego
representing the last generation of captive orcas that would be
displayed in the state.
Many supporters describe orcas as a very socially and
ecologically complex species that are dependent on very close
social bonding in their natural environment.
ARGUMENTS IN OPPOSITION
None received
COMMENTS
The Department of Fish and Wildlife, has requested clarifying
language which is set forth in the two recommended amendments
which would create a new Section 4502 (c) and a new 4502 (d)
(3).
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SUPPORT
Animal Legal Defense Fund
Animal Welfare Society
Azul
Born Free USA
California League of Conservation Voters
Cetacean Society
International Defenders of Wildlife
Environment California
Humane Society of the United States
In Defense of Animals
Marin Humane Society
North County Watch
Performing Animal Welfare Society
San Francisco SPCA
Sierra Club California
Whale and Dolphin Conservation
Wildlands Conservancy
World Animal Protection
Several individuals
OPPOSITION
None Received
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