AB 2305,
as amended, Bloom. begin deleteNative steelhead trout: study. end deletebegin insertProtection of orcas: unlawful activities.end insert
(1) Existing law makes it unlawful to take any marine mammal, as defined, except as provided under specified federal laws.
end insertbegin insertThis 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.
end insertbegin insertThe 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.
end insertbegin insert(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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law establishes the Department of Fish and Wildlife in the Natural Resources Agency. Under existing law, the department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species.
end deleteThis bill would require the department to conduct a study of native steelhead trout, as specified, and to submit the study to the Legislature by January 1, 2018.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 4502 is added to the end insertbegin insertFish and Game Codeend insertbegin insert,
2to read:end insert
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 January 1, 2017, may
11continue to be held in captivity and may continue to be used for
12educational presentations until it is retired or until its death.
13
(2) Breed or impregnate any orca held in captivity in the state.
14
(3) Export, collect, or import the semen, other gametes, or
15embryos of an orca held in captivity for the purpose of artificial
16insemination.
17
(4) Export, transport, move, or sell an orca located in the state
18to another state or country unless otherwise authorized by federal
19law or if the transfer is to another facility within North America
20that meets standards comparable to those provided under the
21Animal Welfare Act (7 U.S.C. Sec. 2131 and following).
22
(b) A person, corporation, or institution that intentionally or
23negligently violates subdivision (a) is guilty of a misdemeanor
P3 1and, upon conviction thereof, shall be punished by a fine not to
2exceed one hundred thousand dollars ($100,000).
3
(c) This section does not apply to an orca that is held for
4rehabilitation after a rescue or stranding or for research purposes.
5However, an orca that is held for rehabilitation or research
6purposes shall be returned to the wild whenever possible and, if
7return to the wild is not possible, the orca shall not be used for
8breeding, performance, or entertainment purposes.
9
(d) As used in this section, the following terms are defined as
10follows:
11
(1) “Educational presentation” means a live, scheduled orca
12display in the presence of spectators that includes natural
13behaviors, enrichment, exercise activities, and a live narration
14and video content that provides science-based education to the
15public about orcas.
16
(2) “Orca” means a killer whale (Orcinus orca).
17
(e) The provisions of this section are severable. If any provision
18of this section or its application is held invalid, that invalidity shall
19not affect other provisions or applications that can be given effect
20without the invalid provision or application.
No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.
(a) The Department of Fish and Wildlife shall
31conduct a study of native steelhead trout. The department shall do
32all of the following in the study:
33(1) Identify which subspecies of native steelhead trout is best
34suited for adaptation to warming seas due to climate change.
35(2) Identify areas of the state where the subspecies of native
36steelhead trout identified in paragraph (1) is found.
37(3) Describe the current level of sustainability, current
38population condition, and population needs of the subspecies of
39native steelhead trout identified in paragraph (1).
P4 1(4) Identify subspecies of native steelhead trout that are most
2at risk of extinction due to climate change.
3(b) (1) The department
shall submit the study to the Legislature
4by January 1, 2018.
5(2) The study submitted pursuant to this subdivision shall be
6submitted in compliance with Section 9795 of the Government
7Code.
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97