BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: SB 1062 Hearing Date: March 29,
2016
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|Author: |Lara | | |
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|Version: |February 16, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|William Craven |
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Subject: Elephants: prohibited treatment
BACKGROUND AND EXISTING LAW
1. Existing law, section 596.5 of the Penal Code, establishes a
misdemeanor for cruelty to elephants. The prohibition extends to
all of the following methods:
(a) Deprivation of food, water, or rest.
(b) Use of electricity.
(c) Physical punishment resulting in damage, scarring, or
breakage of skin.
(d) Insertion of any instrument into any bodily orifice.
(e) Use of martingales.
(f) Use of block and tackle.
2. Existing law, section 2118 of the Fish and Game Code, also
allows those with specific permits from the Department of Fish
and Wildlife to import, transport or possess wild animals
including elephants. Violations of the section or any permit
conditions are subject to both civil and criminal penalties.
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PROPOSED LAW
This bill would prohibit any person who houses, possesses, or is
in direct contact with an elephant from using, or permitting an
employee or contractor from using a bullhook, ankus, baseball
bat, axe handle, pitchfork or other device designed to inflict
pain for the purpose of training or controlling the behavior of
an elephant. (Bullhook and ankus refer to the same tool.) The
provision would not impose criminal penalties but violators
would be subject to civil penalties and revocation of the permit
described earlier. The civil penalties provision imposes a
minimum penalty of $500 and a maximum penalty of $10,000.
ARGUMENTS IN SUPPORT
According to the author, existing law does not address the most
common cruel and inhumane training devices used on elephants,
namely bullhooks.
Many supporters have pointed out that zoos accredited by the
Association of Zoos and Aquariums (AZA) and the Performing
Animal Welfare Society sanctuary use positive reinforcement and
have moved away from what they consider the cruel and outdated
use of training devices that resemble large fireplace pokers.
The author and supporters believe this is now the industry
standard.
According to PAWS, the Performing Animal Welfare Society that
operates a care facility in San Andreas for animals rescued from
the entertainment industry, bullhooks are intentionally used and
designed to inflict pain as part of an elephant's training.
PAWS states that "trainers are actually required to hook, jab,
or hit elephants who miss a cue, move too slowly, or display
unwanted behaviors. This association between pain and fear of
the bullhook is reinforced throughout an elephant's life-behind
closed doors and out of view of law enforcement. Without that
association, the bullhook is useless."
Moreover, supporters assert that the positive reinforcement
system used at PAWS, and in all California zoos accredited by
the Association of Zoos and Aquariums, relies on positive
reinforcement training and use of a protective barrier between
keeper and elephant. To cue behaviors, keepers utilize a target,
which is a long-handled pole with a soft tip. In contrast to the
bullhook, the elephant moves toward the target, and the behavior
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is reinforced with a food reward and gentle words of praise.
Using this method, trainers are able to provide necessary
husbandry and veterinary care, including specialized and more
intensive care for our older elephants."
The supporters also point out that in California, no county fair
offers elephant rides run by operators who use bull hooks, and
that the Ringling Bros. and Barnum and Baily Circus has
announced a phase-out this year of its elephant acts.
The Humane Society of the United States is aware of only two
California-based businesses that still use bullhooks, neither of
which is accredited by the AZA or the Global Federation of
Animal Sanctuaries (GFAS).
It also objects to the notion that the public display of
elephants that are required to perform unnatural tricks does not
engender respect or appreciation for wildlife. Instead, it
reinforces a message that exploitation and mistreatment is
acceptable entertainment.
As for public safety, the author also points out that there have
been at least 16 deaths and 135 injuries in the U.S. that have
been attributed to elephants, primarily in circus-related
accidents. The implication is that these accidents were caused
in part when an elephant rebelled against a trainer resulting in
injury to circus employees or the public.
ARGUMENTS IN OPPOSITION
Much of the opposition comes from the entertainment or circus
community, although some veterinarians are also opposed. As an
example, Dr. James and Dr. Linda Peddie, from Ventura, have a
very different view of bullhooks than the supporters of the
bill. They consider the bullhook an appropriate and effective
implement that "mirrors natural interaction among elephants" who
frequently touch each other. Their view is that the bullhook is
akin to the pull on an elephant by another elephant's trunk.
They also contend that the bullhook, when properly used, is not
used in sensitive areas and never for purposes of abuse. They
believe that a bullhook is necessary on occasion for the
treatment of medical conditions in elephants.
Others in the opposition say that the bullhook is analogous to
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reins on a horse, or leashes for dogs.
The Circus Fans Association of America and some others in
opposition argue that because elephants are increasingly rare in
the wild, that domesticated and trained elephants enhance the
survival chances of the species.
The Los Angeles Foundation for the Circus Arts says its shows
often occur in disadvantaged communities and offer glimpses of
wildlife that would not otherwise occur.
COMMENTS
1. In vetoing SB 716 (Lara) last year, Governor Brown
objected to creating another criminal statute. This bill is
drafted not to be a criminal statute. It is very clear that
a person who violates the provisions of this bill is not
subject to criminal penalties, but instead would be subject
to civil penalties and revocation of any permits it might
have from the Department of Fish and Wildlife regarding
elephants.
2. Although not recommended as an amendment, presuming the
bill moves forward, the author may want to consider
modifying or eliminating the mandatory minimum penalty
provision in order to provide more discretion with the
civil penalties, especially for relatively minor or
technical violations.
SUPPORT
American Society for the Prevention of Cruelty to Animals
Animal Legal Defense Fund
Best Friends Animal Society
California Association of Zoos and Aquariums
Center for Animal Protection & Education
City of Oakland
Compassion Works International
Connection Africa
Defense of Animals
Detroit Zoological Society
Earth Island Institute
East Bay Zoological Society (Oakland Zoo)
Elephant Aid International
Gavin Newsom, Lieutenant Governor
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Global Sanctuary for Elephants
Humane Society Wildlife Land Trust
Lions Tigers & Bears
Laborers' International Union of North America Locals 777 & 792
March for Elephants
Marin Humane Society
Performing Animal Welfare Society
San Diego Humane Society
San Francisco SPCA
Santa Clara County Activists for Animals
Sierra Club California
The Elephant Sanctuary
The Humane Society of the United States
1013 Individuals
OPPOSITION
American Association of Zoo Veterinarians
California Fair Network
California Fairs Alliance
Circus Fans Association of America
International Elephant Foundation
Have Trunk Will Travel
Pacific Animal Productions
QE Productions
The Los Angeles Foundation for the Circus Arts
Western Fairs Association's Ag Council
Wild Wonders
75 Individuals
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