AB 2305, as amended, Bloom. Protection of orcas: unlawful activities.
(1) Existing law makes it unlawful to take any marine mammal, as defined, except as provided under specified federal laws.
This 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.
The 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.
(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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 4502 is added to the Fish and Game Code,
2to read:
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 captivitybegin insert for its current
purposeend insert andbegin insert after
12June 1, 2017,end insert may continue to be used for educationalbegin delete presentations begin insert presentations.end insert
13until it is retired or until its death.end delete
14(2) Breed or impregnate any orca held in captivity in the state.
15(3) Export, collect, or import the semen, other gametes, or
16embryos of an orca held in captivity for the purpose of artificial
17insemination.
18(4) Export, transport, move, or sell an orca located in the state
19to another state or country unless
otherwise authorized by federal
20law or if the transfer is to another facility within North America
21that meets standards comparable to those provided under the
22Animal Welfare Act (7 U.S.C. Sec. 2131 and following).
23(b) A person, corporation, or institution that intentionally or
24negligently violates subdivision (a) is guilty of a misdemeanor
25and, upon conviction thereof, shall be punished by a fine not to
26exceed one hundred thousand dollars ($100,000).
27(c) This section does not apply to an orca that is held for
28rehabilitation after a rescue or stranding or for research purposes.
29However, an orca that is held for rehabilitation or research purposes
30shall be returned to the wild whenever possible and, if return to
P3 1the wild is not possible, the orcabegin insert
may be used for educational
2presentations, butend insert shall not be used for breeding, performance, or
3entertainment purposes.
4(d) As used in this section, the following terms are defined as
5follows:
6 (1) “Educational presentation” means a live, scheduled orca
7display in the presence of spectators that includes natural behaviors,
8enrichment, exercise activities, and a live narration and video
9content that provides science-based education to the public about
10orcas.
11(2) “Orca” means a killer whale (Orcinus orca).
12(e) The provisions of this section are severable. If any provision
13of this section or its application is held
invalid, that invalidity shall
14not affect other provisions or applications that can be given effect
15without the invalid provision or application.
No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.
O
96