BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: SB 609 HEARING DATE: April 28, 2009
AUTHOR: Hollingsworth URGENCY: No
VERSION: As Introduced CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: No
SUBJECT: Importation of crocodile and alligator parts.
BACKGROUND AND EXISTING LAW
In 2006, the Legislature passed and the Governor signed SB 1485
(Hollingsworth) that removed the criminal prohibition against
the importation in California of products and parts of
alligators and crocodiles. A sunset date of January 1, 2010 was
included in SB 1485. An uncodified section, added late in the
session, declared legislative intent that SB 1485 should not be
construed to authorize the importation or sale of products made
from any species of alligators or crocodiles that are listed
under the federal Endangered Species Act, other federal law, or
international treaty to which the U.S. is a party.
In 2006, the author provided the Committee with considerable
information on the improved status of American alligators.
Previously classified as "endangered," this species was
downlisted to "threatened due to similarity of appearance" to
other endangered or threatened crocodilian species. Improved
habitat management in the wild has been a major factor, although
the numbers understandably decrease following catastrophic
hurricanes. Farm-raised alligators are also used in commerce.
Nearly 20 other species of alligators and crocodiles are
federally listed as endangered or threatened. Nine species are
in commercial trade, and the American alligator constitutes
about 60% of the total trade. An international treaty, the
Convention on International Trade in Endangered Species of Wild
Flora and Fauna (CITES), requires that American alligator hides
be tagged to distinguish them from listed species. Products,
however, are not tagged. The US Fish and Wildlife Service
implements CITES.
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PROPOSED LAW
This bill would delete the sunset.
ARGUMENTS IN SUPPORT
The Governor of Louisiana, Bobby Jindal, is the bill's sponsor.
Background materials from the author and sponsor indicate that
the economic impact of alligator trade in Louisiana has
increased from $30 million to $78 million since the passage of
SB 1485. The governor also stated that the state's alligator
management program oversees a population of 1.5 million wild and
farm-raised alligators that produce 300,000 skins annually. The
governor believes that retailers and restaurants in California
that serve alligator meat would benefit from the bill.
The California Retailers Association, the California Small
Business Association, and other business organizations,
manufacturers, and individual businesses in California and
Louisiana are also in support.
The Louisiana Alligator Advisory Council, a state agency,
supports the measure and states that the legal trade in
alligators has reduced pressure for the illegal trade of
protected species. It also says that in Louisiana, nearly
500,000 alligator eggs are harvested to generate the stock for
three dozen alligator farms. Additionally, some 2,000 licensed
trappers harvest 35,000 alligators from the wild.
A congressional delegation from Louisiana (Senators Landrieu and
Malencon, and Representatives Vitter and Boustany) is also in
support.
ARGUMENTS IN OPPOSITION
The Los Angeles County District Attorney's office opposes the
bill because it argues the bill would legalize conduct that may
threaten and endangered or threatened species or contribute to
the inhumane treatment of animals.
COMMENTS
Two issues need to be resolved, assuming it is the intention of
the Committee to approve this bill.
1. The first is how to structure the bill to make it clear that
the bill is limited to trade in American alligators. There are
two options: (1) In subdivision (a) the bill could be written to
apply explicitly to that species.
(2) The second is to codify, in a separate subdivision, as
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operational and not intent language, the language that was
included in SB 1485. That language, in its entirety, said:
"It is the intent of the Legislature that the amendments to
section 653o of the Penal Code made by this act shall not be
construed to authorize the importation or sale of any alligator
or crocodilian species, or any products thereof, that are listed
as endangered under the federal Endangered Species Act, or to
allow the importation or sale of any alligator or crocodilian
species, or any products thereof, in violation of any federal
law or any international treaty to which the United States is a
party." Under this option, the first 19 words would be deleted.
2. The second issue is whether a sunset provision should be in
the bill. While a 2 year sunset that was in SB 1485 is too soon,
staff recommends that a 4 year sunset be amended into the bill.
The proponents are convinced that the legal trade of American
alligators has diminished illegal trade, and that a sunset is
not necessary. However, maintaining the public scrutiny on this
process by adding a sunset provision will continue to motivate
the proponents to help maintain and further decrease the illegal
trade that admittedly occurs.
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SUPPORT
Accessories Council
A-One Couture Inc.
Australian Crocodile Traders
Belvedere Inc.
California Retailers Association
California Small Business Association
Chado Ralph Rucci
Crocodile Specialist Group
Crocohi
Dualoy Leather
GatorGuides.com
Geneva Watch Group
Governor of Louisiana
Horiuchi Trading Co., LTD.
Louisiana Alligator Advisory Council
Poway Chamber of Commerce
Roje Leather
Roma Industries
Santee Chamber of Commerce
Thai Animal Skin & Hide
U.S. Representatives Charlie Melancon and Charles Boustany
U.S. Senators Mary Landrieu and David Vitter
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OPPOSITION
Paw PAC
Los Angeles County District Attorney
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