BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1453|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 1453
Author: Bloom (D)
Amended: 8/10/16 in Senate
Vote: 27 - Urgency
SENATE NATURAL RES. & WATER COMMITTEE: 8-0, 8/11/16
AYES: Pavley, Stone, Allen, Hertzberg, Jackson, Monning,
Vidak, Wolk
NO VOTE RECORDED: Hueso
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: Not relevant
SUBJECT: Protection of orcas: unlawful activities
SOURCE: Author
DIGEST: 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.
ANALYSIS:
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
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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 is responsible for
enforcement of the Marine Mammal Protection Act. 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 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.
This urgency bill prohibits captive breeding of orcas in
California, and allows the orcas that are currently being held
in captivity after June 1, 2017, to be used only for educational
presentations. Specifically, 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.
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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 bill 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
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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee, there are
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.
SUPPORT: (Verified8/15/16)
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Animal Legal Defense Fund
Animal Welfare Society
Azul
Born Free USA
California League of Conservation Voters
Cetacean Society
Environment California
Humane Society of the United States
In Defense of Animals
International Defenders of Wildlife
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: (Verified8/15/16)
None received
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
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ecologically complex species that are dependent on very close
social bonding in their natural environment.
ASSEMBLY FLOOR: 80-0, 6/1/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by:William Craven / N.R. & W. / (916) 651-4116
8/15/16 20:17:17
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