BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1453 (Bloom) - Protection of orcas: unlawful activities ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: August 10, 2016 |Policy Vote: Unknown | | | | |--------------------------------+--------------------------------| | | | |Urgency: Yes |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 11, 2016 |Consultant: Narisha Bonakdar | | | | ----------------------------------------------------------------- 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, AB 1453 (Rendon) Page 1 of ? 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 AB 1453 (Rendon) Page 2 of ? 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. -- END -- AB 1453 (Rendon) Page 3 of ?