BILL ANALYSIS
SB 609
Page 1
Date of Hearing: June 16, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
SB 609 (Hollingsworth) - As Amended: May 4, 2009
SENATE VOTE : 22-11
SUBJECT : Importation of Crocodile and Alligator Parts
SUMMARY : Extends the sunset on the current law that allows for
the importation and sale of alligator and crocodile products in
California for an additional five years to 2015. Specifically,
this bill :
1)Provides that after January 1, 2015, it is unlawful to import
into California for commercial purposes, to possess with
intent to sell, or to sell within the state, the dead body, or
any part or product thereof, of any crocodile or alligator.
2)Clarifies that this bill does not authorize the importation or
sale of the dead body of any alligator or crocodilian species,
or any products thereof, that are listed as endangered or that
would be in violation of any federal law or international
treaty.
EXISTING LAW :
1)Allows for the importation for commercial purposes, possession
with intent to sell, and sale of crocodile and alligator parts
or products until January 1, 2010, after which it shall be
unlawful.
2)Any violation of this section is subject to a fine between
$1000 and $5,000 and/or imprisonment in the county jail, not
to exceed six months, per violation.
FISCAL EFFECT : None. This bill was not referred to fiscal
committee.
COMMENTS : Prior to 2006, the state of California prohibited
the importation and sale of crocodile and alligator products.
The American Alligator was listed as endangered under federal
law in 1967. Due to substantial recovery of the species, it was
SB 609
Page 2
reclassified in 1987 as "threatened due to similarity of
appearance" with other endangered or threatened alligator and
crocodile species. The American Alligator has been
internationally recognized as an exemplary example of successful
conservation through sustainable management. However, nearly 20
other species of alligators and crocodiles are listed as
endangered or threatened. Nine species are used in commercial
trade and the American Alligator constitutes about 60% of total
world trade.
In 2006, former Governor of Louisiana Kathleen Blanco sponsored
SB 1485 (Hollingsworth) which lifted the ban on importation in
California. The state of Lousiana argued that permitting the
sale of alligator and crocodile products in California would
encourage sustainable use management of alligator populations,
benefit local communities and economic recovery in Louisiana,
and encourage conservation of wetlands. The Legislature agreed
to lift the ban but added a sunset clause of 2010 in response to
concerns that allowing importation could encourage increased
production, putting increased pressure on wild stocks, or lead
to more harvesting of endangered or threatened species that
resemble species legally taken. An international treaty, the
Convention on International Trade in Endangered Species of Wild
Flora and Fauna (CITES) requires that legal hides be tagged to
distinguish them from listed species, however, products are not
tagged.
The current Governor of Louisiana, Bobby Jindal, is the sponsor
of this bill. The State of Louisiana asserts that the passage
of SB 1485 in 2006 resulted in a sustainable use program that
generated $30 million a year for coastal Lousiana. They
indicate that by the end of 2008 the annual value of the market
reached $78 million before the global financial crisis eroded
some of those gains in 2009. In 2006 there was a decline in
nest production due to the 2005 hurricanes and associated
flooding. In 2008 Louisiana conducted a review of alligator
violations and found what they consider a significant level of
compliance. Out of a total of 300,000 to 500,000 eggs collected
and fall harvest of 30,000 wild alligators, a total of 82
violations were recorded with 30 commercial infractions.
Louisiana also reports that international trade data shows world
wide trade in all crocodilians actually declined in 2007, with
much of the decline due to reduced alligator farm stocks
following the 2006 hurricanes. Louisiana asserts that both
trade data and Louisiana data suggests long term legal trade
SB 609
Page 3
diverts illegal trade.
This bill was amended in the Senate to provide a 5 year sunset
until 2015, noting that continuing a sunset clause maintains
public scrutiny and will continue to motivate proponents to help
maintain and further decrease the illegal trade that admittedly
occurs.
Arguments in Support : Supporters acknowledge Louisiana's
sustainable management of American Alligators for commercial
harvest, and the economic incentive that sustained utilization
of alligators provides for wetlands conservation in Louisiana.
Supporters also believe that continued sale of alligator
products in California benefits retailers and restaurants in
California.
Arguments in Opposition : The Los Angeles District Attorneys
Office continues to oppose this bill because it would legalize
conduct that may threaten endangered or threatened species and
contribute to the inhumane treatment of animals.
REGISTERED SUPPORT / OPPOSITION :
Support
Louisiana Governor Bobby Jindal (Sponsor)
Accessories Council
Alligator Trading Company, Inc.
American Tanning & Leather Company
A-One Couture, Inc.
Australian Crocodile Traders Pty, LTD
Belvedere, Inc.
California Retailers Association
California Small Business Association
Celestina
Chado Ralph Rucci
Crocodile Specialist Group
DeGalvez, LLC
Dermatan Leather Company
Dualoy Leather
Elaine Gold Enterprises, LCC
Florida Fish and Wildlife Conservation Commission
Froehlich's Gator Farm
Fuel Outdoor
GatorGuides.com
SB 609
Page 4
Geneva Watch Group
Global Solutions
Horiuchi Trading Co., LTD
John Lobb, Ltd.
Johnny's Seafood & Bait
Judith Leiber, LLC
Koorana Crocodile Farm
Lambertson Truex
Louisiana Alligator Advisory Council
Momentum Luggage and Leisure Bags
Pan American Leathers, Inc.
Poway Chamber of Commerce
Puruti Natalie's Handbags
Roje Leather
Roma Industries, LLC
Sama
Santee Chamber of Commerce
State of Louisiana Department of Wildlife and Fisheries
Thai Animal Skin & Hide Industrial Co., LTD
The Kaplan Group
Valentino USA, Inc.
Yee Tai Leather Enterprise Ltd.
2 Individuals
Opposition
California Federation for Animal Legislation
Los Angeles District Attorney's Office
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096