BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1453 (Bloom) - Protection of orcas: unlawful activities
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|Version: August 10, 2016 |Policy Vote: Unknown |
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|Urgency: Yes |Mandate: Yes |
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|Hearing Date: August 11, 2016 |Consultant: Narisha Bonakdar |
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This bill does not meet the criteria for referral to the
Suspense File.
Bill
Summary: AB 1453 prohibits the breeding of orcas in captivity;
prohibits orcas, other than those currently in captivity, from
being held in captivity; and prohibits use of orcas for purposes
of display, performance or entertainment, with specified
exceptions.
Fiscal
Impact: Minor and absorbable costs to the Department of Fish
and Wildlife. The department already conducts site visits at
SeaWorld, and the department's existing restricted species
program can add the new restrictions and maintain documentation
provided by SeaWorld.
Background:1) The federal Marine Mammal Protection Act (MMPA) prohibits the
take of any whale species without specific authorization.
However, a limited number of permits may be issued for the take
of a whale from the wild for a limited number of purposes,
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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.
Existing law also 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.
Proposed Law:
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. Allows an orca currently being held in
captivity in the state to continue to be held in
captivity and to be used for the purpose of educational
presentations until its death.
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. Permits the transfer of an
orca to another facility in North America that meets
standards comparable to those in the Animal Welfare Act.
2)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.
3)Provides that this section does not apply to an orca that is
held for rehabilitation after a rescue or stranding, or for
research purposes. 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
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such an orca from being used for breeding, performance or
entertainment purposes.
4)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.
5)Includes a severability clause, providing that if any of the
provisions of this bill are found to be invalid that the
invalidity shall not affect the other provisions.
Related
Legislation: AB 2305 (Bloom, 2016) prohibits the breeding of
orcas in captivity; prohibits orcas, other than those currently
in captivity, from being held in captivity; and prohibits use of
orcas for purposes of display, performance or entertainment
purposes, with specified exceptions. This bill was heard in
Assembly Water, Parks, and Wildlife Committee, but was withdrawn
to Rules Committee.
Staff
Comments: This bill prohibits captive breeding of orcas in
California, and would allow the orcas that are currently being
held in captivity in the state to continue to live out their
lives in captivity. This language codifies SeaWorld's recently
announced decision to stop captive breeding of orcas, and to
transition their public orca programs away from an entertainment
or performance focus, and toward more science-based educational
presentations.
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