BILL ANALYSIS
SB 609
Page 1
SENATE THIRD READING
SB 609 (Hollingsworth)
As Amended May 4, 2009
Majority vote
SENATE VOTE : 22-11
WATER, PARKS & WILDLIFE 9-2
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|Ayes:|Huffman, Fuller, | | |
| |Arambula, | | |
| |Tom Berryhill, Caballero, | | |
| |Fletcher, Bonnie | | |
| |Lowenthal, John A. Perez, | | |
| |Salas | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Blumenfield, Yamada | | |
| | | | |
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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 crocodile 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 alligator and crocodile parts
or products until January 1, 2010, after which it shall be
unlawful.
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2)Makes a violation of this section subject to a fine between
$1,000 and $5,000; and/or, imprisonment in the county jail,
not to exceed six months, per violation.
FISCAL EFFECT : None
COMMENTS : Prior to 2006, the state of California prohibited
the importation and sale of alligator and crocodile products.
The American Alligator was listed as endangered under federal
law in 1967. Due to substantial recovery of the species, it was
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 Louisiana argued that permitting the
sale of alligator and crocodile products in California would
encourage sustainable 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 Louisiana. 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
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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
diverts illegal trade.
This bill was amended by the Senate to provide a five year
sunset until 2015. The Senate Policy Committee notes 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.
Supporters point to 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.
Opponents assert this bill would legalize conduct that may
threaten endangered or threatened species and contribute to the
inhumane treatment of animals.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0001450