BILL ANALYSIS Ó
SB 1062
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Date of Hearing: June 14, 2016
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
SB
1062 (Lara) - As Amended May 26, 2016
SENATE VOTE: 29-9
SUBJECT: Elephants: prohibited treatment
SUMMARY: Prohibits, beginning January 1, 2018, the use of a
bullhook and other devices designed to inflict pain to train or
control an elephant. Specifically, this bill:
1)Prohibits any person who houses, possesses, manages, or is in
direct contact with an elephant, from using, or authorizing or
allowing an employee, agent or contractor to use, a bullhook,
ankus, baseball bat, axe handle, pitchfork, or other device
designed to inflict pain for the purpose of training or
controlling an elephant. Use includes brandishing,
exhibiting, or displaying the devices in the presence of an
elephant.
2)Makes any person who violates this prohibition subject to a
civil penalty of not less than $500 and not more than $10,000
per violation, and immediate suspension or revocation of a
restricted species permit.
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3)Authorizes a person to appeal a restricted species permit
suspension or revocation to the Fish and Game Commission
(FGC).
4)Clarifies that a person who violates the prohibition is not
subject to criminal penalties under the Fish and Game Code.
5)Provides that the prohibition in this bill is in addition to
and not in lieu of other existing animal welfare laws,
including any state or local laws.
EXISTING LAW:
1)Prohibits the importation, transportation, possession, or
release of specified wild animals, including elephants, in
California except under a restricted species permit issued by
the Department of Fish and Wildlife (DFW), in cooperation with
the Department of Food and Agriculture. Authorizes the FGC to
adopt regulations governing the importation, possession,
transportation, keeping, and confinement of wild animals,
including elephants. Makes a violation of these requirements
subject to a civil penalty of not less than $500 and not more
than $10,000 per violation. Also makes a violation a
misdemeanor, punishable by up to six months imprisonment in a
county jail, or a fine of up to $1,000.
2)Makes it a misdemeanor for any owner or manager of an elephant
to engage in abusive behavior towards the elephant, including
disciplining an elephant by any of the following methods:
a) Deprivation of food, water or rest.
b) Use of electricity.
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c) Physical punishment resulting in damage, scarring,
or breaking of skin.
d) Insertion of any instrument into any bodily orifice.
e) Use of martingales (head immobilizing straps).
f) Use of block and tackle.
3)Makes it unlawful to purchase, sell, offer for sale, possess
with intent to sell, or import with intent to sell, elephant
ivory or rhinoceros horn, or to possess, sell, offer for sale,
trade, or distribute a shark fin in this state. Makes it
unlawful to import into this state for commercial purposes, or
possess with intent to sell, the dead body, or any part or
product thereof, of a polar bear, leopard, ocelot, tiger,
cheetah, jaguar, sable antelope, wolf, zebra, whale, cobra,
python, sea turtle, colobus monkey, kangaroo, vicuna, sea
otter, free-roaming feral horse, dolphin, porpoise, Spanish
lynx, or elephant.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Rule 28.8, negligible if any state costs.
COMMENTS: This bill would prohibit the use of bullhooks and
other devices designed to inflict pain for the purpose of
training or controlling the behavior of an elephant. According
to the author and supporters of this bill, bullhooks are used by
a dwindling number of elephant handlers to train, punish and
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control elephants. The author and sponsors describe a bullhook
as a device that resembles a fireplace poker, with a sharp metal
hook and spiked tip, and a handle that is typically plastic or
wood.
1)Author's Statement: This bill simply codifies industry
standards for elephant management by prohibiting the use of
bullhooks, bats, and pitchforks to discipline an elephant. A
bullhook is typically embedded into the most sensitive areas
of an elephant, which involves areas around the ears, mouth,
and back of the legs. The use of this instrument also puts
handlers at severe risk, should an elephant decide to rebel
against the trainer. Los Angeles and Oakland have prohibited
use of the bullhook, and San Francisco has banned performances
using elephants and other performing wild animals. It is time
for the state to follow suit and prohibit this inhumane
practice.
2)Background: This bill follows up on last year's SB 716
(Lara), which would have addressed the issue by criminalizing
the use of bullhooks. SB 716 was vetoed by the Governor,
along with several other bills, because the bills created new
crimes. This bill responds to the veto by proposing to make
the use of bullhooks subject to civil penalties, and grounds
for revocation of a restricted species permit instead of
creating a new crime. Restricted species permits are issued
and enforced by the DFW, and are required for possession and
handling of elephants and other wild animals in California.
The author and supporters of this bill emphasize that the
bullhook is an outdated tool. They point out that zoos
accredited by the Association of Zoos and Aquariums (AZA) and
the Performing Animal Welfare Society sanctuary now use a
method called protected contact, which relies on positive
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reinforcement, making use of the bullhook obsolete. The
author and sponsors believe this is now the industry standard.
According to these groups, bullhooks are based on negative
reinforcement, and are used by elephant handlers to prod,
hook, strike and hit elephants on their sensitive skin areas
in order to inflict pain during training, performing, and
handling. Elephants who have been trained with bullhooks
later may comply out of fear just upon seeing the tool.
However, opponents of this bill, which include members of the
circus and entertainment community, as well a number of
veterinarians and researchers, assert that the bullhook is an
important tool that facilitates the ability of elephant
handlers to provide veterinary care and conduct elephant
research. They prefer the term "guide" to describe the tool
rather than bullhook, and assert that it is not harmful or
abusive when used correctly.
The committee received a letter opposing the use of bullhooks
signed by more than75 professionals, including veterinarians,
scientific researchers, former elephant keepers and others.
The letter emphasized the following arguments: 1) That the
bullhook is an outdated and inhumane tool that unnecessarily
subjects elephants to fear and pain, and puts keepers and
veterinarians at serious risk of injury and death; and 2) That
the protected contact method of elephant training and
management is a superior method of managing elephants,
eliminates the need for bullhooks, and is now the industry
preferred standard. This method relies on positive
reinforcement training and a protected barrier, enables
keepers to provide high quality elephant husbandry and
veterinary care, and is based on cooperation and respect
rather than domination and control. The protected contact
method is now required for all facilities certified by the
AZA.
The committee received a separate letter supporting the use of
bullhooks (guides) signed by more than75 professionals,
including veterinarians, scientific researchers, elephant
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keepers and others. The letter emphasized the following
arguments: 1) That the "guide" is the only husbandry tool
effective for managing elephants in a free contact environment
where elephants are not confined exclusively to their
enclosures; 2) That this bill is unnecessary as the few
remaining venues using the bullhook are regulated by the USDA
and the Animal Welfare Act; and 3) That the bullhook is not
used on sensitive areas, and when used correctly is not
abusive. They also emphasize that important scientific
research on elephants is performed with the aid of the
bullhook for management and care.
3)Double-referral: This bill is double-referred to the Assembly
Arts, Entertainment, Sports, Tourism, and Internet Media
Committee, which is scheduled to hear this bill next after
this committee.
4)Prior and Related Legislation: SB 716 (Lara) of 2015
prohibited use of bullhooks for managing elephants but placed
the prohibition in the Penal Code, making a violation of the
law a crime. SB 716 along with 8 other bills was vetoed by
the Governor. The veto message stated:
"Each of these bills creates a new crime - usually by
finding a novel way to characterize and criminalize conduct
that is already proscribed. This multiplication and
particularization of criminal behavior creates increasing
complexity without commensurate benefit.
Over the last several decades, California's criminal code
has grown to more than 5,000 separate provisions, covering
almost every conceivable form of human behavior. During the
same period, our jail and prison populations have exploded.
Before we keep going down this road, I think we should pause
and reflect on how our system of criminal justice could be
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made more human, more just and more cost-effective."
AB 777 (L. Levine) of 2007, among other things, would have
prohibited use of any implement or device on an elephant that
may reasonably result in harm to the elephant, including the
elephant's skin. AB 3027 failed passage in the Assembly.
AB 3027 (L. Levine) of 2006, among other things, would have
prohibited use of a bullhook or similar device. AB 3027 was
held in the Assembly Appropriations Committee.
AB 96 (Atkins), Chapter 475. Statutes of 2015, made it
unlawful to purchase, sell or import elephant ivory or
rhinoceros horn.
5)Suggested Technical Amendment: A technical committee
amendment is proposed that would amend lines 15-19 on page 2
to read as follows:
(b) Any person who violates this section is subject to the
civil penalty set forth in Section 2125 for each violation,
and the restricted species permit is subject to immediate
suspension or revocation of his or her restricted species
permit by the department.
6)Support Arguments: Supporters emphasize that bullhooks have
historically been used by elephant handlers to train, punish
and control elephants. They have been used to inflict pain
and evoke fear in order to forcefully achieve desired
behaviors. The presence of the hook even when not in active
use is a threat of painful punishment for elephants that have
been trained by this method. There have been numerous
documented incidents of elephants being wounded or scarred by
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abusive use of bullhooks. In addition to the inhumane
treatment of elephants, performances that use elephants
threaten public safety by bringing people into dangerously
close proximity to elephants. Use of bullhooks promotes
aggression and will not prevent an elephant from rampaging, or
protect the public when such an incident occurs. Supporters
note that since 1990 there have been 16 human deaths and 135
injuries in the United States attributed to elephants,
primarily in circus-related accidents.
The Humane Society of the United States is only aware of two
California-based businesses that still use bullhooks, neither
of which is accredited by the AZA or the Global Federation of
Animal Sanctuaries. In 2014 the AZA adopted a policy
prohibiting keepers from sharing unrestricted space with
elephants. Protected Contact, a progressive elephant
management method based on positive reinforcement instead of
punishment is a viable and more humane alternative. The
California Association of Zoos and Aquariums, in support,
notes that all zoos accredited by the AZA in California are
using Protective Contact and operant conditioning training.
Today no county fair in California offers elephant rides run
by operators who use bullhooks, and the Ringling Brothers
circus has also ended all use of elephants for circus
performances in California, effective May 2016.
7)Opposition Arguments: Opponents assert that the use of
bullhooks is not abusive and helps those who use them to
provide more superior care than can be provided to those
managed without them. They are concerned that taking away
their ability to use bullhooks will adversely affect their
ability to provide elephants with required care. The American
Association of Zoo Veterinarians asserts that the bullhook
should be referred to as an elephant "guide" and claims it is
commonly used to aid in communication by gentle touch or
visual cues to direct the elephant, and that when used
properly it should not inflict pain or punishment. Some
opponents assert the bullhook is comparable to the use of a
harness and reins for horses, or collars and leads for dogs.
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Because it is useful in providing veterinary care, the state
of California by removing its use would be removing an
essential safety and welfare tool for handling a large and
potentially dangerous animal.
Some opponents are also concerned that this bill will negatively
impact the ability of the entertainment industry to use
elephants in performances, fairs and festivals, and for people
in the animal industries to maintain their livelihoods.
Others believe it will hamper research and conservation
efforts that are beneficial to elephants.
Opposition Amendments: The Western Fair Associations opposes
this bill unless amended to add a grandfather clause that
would allow the two organizations that still use bullhooks in
California to continue using the bullhook for management of
the nine elephants under their care. They assert that, unless
amended, this bill would prevent the nine elephants at the two
facilities from continuing to interact safely with people
other than their keepers. The nine elephants are all over the
age of 30 and have been managed with free contact their entire
lives. As such, they are accustomed to interacting with the
public and their handlers. The amendment would also require
an additional annual inspection of the facilities.
The author has declined the amendment, and maintains that the
delayed effective date in this bill will give operators time
to transition to new means of managing elephants. The
Performing Animal Welfare Society (PAWS) asserts that all
elephants can make the transition from bullhook-based training
to a protected contact management system. This positive
reinforcement-based method uses a long handled pole with a
soft tip to cue behaviors. The elephants are trained to move
toward the target and the behavior is reinforced with rewards
and praise. PAWS indicates that they have successfully
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retrained elephants who were trained from birth with bullhooks
to respond favorably to the protected contact system of care.
They also reference a study published in Zoo Biology (Wilson,
et al., 2015) that was conducted at Zoo Atlanta as the zoo
transitioned from bullhook-based management to protected
contact. The authors' found that the transition was
associated with improved elephant welfare.
REGISTERED SUPPORT / OPPOSITION:
Support
The Humane Society of the United States (sponsor)
American Society for the Prevention of Cruelty to Animals
(ASPCA)
Animal Legal Defense Fund
Best Friends Animal Society
Born Free USA
California Association of Zoos and Aquariums
California Travel Association
Center for Animal Protection and Education
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City of Oakland
Compassion Works International
Connection Africa
Detroit Zoological Society
Earth Island Institute
East Bay Zoological Society (Oakland Zoo)
Elephant Aid International
Elephant Sanctuary of Tennessee
Global Sanctuary for Elephants
Humane Society Veterinary Medical Association
Humane Society Wildlife Land Trust
In Defense of Animals
Lieutenant Governor Gavin Newsom
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Lions, Tigers & Bears
Liuna 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
Sierra Wildlife Coalition
State Humane Association of California
Numerous individuals, including veterinarians.
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Opposition
American Association of Zoo Veterinarians
Animals All Around
Asian Elephant Support
California Fairs Alliance
California Responsible Pet Owners Coalition
Circus Fans Association of America
Feld Entertainment, Inc.
Have Trunk Will Travel
International Elephant Foundation
Livingston Exotics LLC
Los Angeles Foundation for the Circus Arts
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Pacific Animal Productions
QE Productions
The Shrine Circus, Pittsburgh
Traveling Paws LLC
Western Fair Association's Ag Council
Wild Wonders, Inc.
Wildlife Safari
Zoological Association of America
Numerous individuals, including veterinarians.
Analysis Prepared by:Diane Colborn / W., P., & W. / (916)
319-2096
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