BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: AB 2075 HEARING DATE: June 10, 2014
AUTHOR: Alejo URGENCY: No
VERSION: March 28, 2014 CONSULTANT: Katharine Moore
DUAL REFERRAL: No FISCAL: No
SUBJECT: Crimes: importation or sale of endangered animals.
BACKGROUND AND EXISTING LAW
1.Existing law makes it 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 specified wild animal species that are not native
to California. Violation of this prohibition is punishable as
a misdemeanor subject, as specified, to fine, imprisonment, or
both.
2.Existing law makes it unlawful starting on January 1, 2015 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 a crocodile or
alligator. Importation, possession and sale of such products
are allowed in the state until that date, although the law
does not authorize the importation or sale of any alligator or
crocodile species, or any products thereof, that are listed as
endangered under the federal Endangered Species Act or where
such action would violate federal law or international treaty
to which the United States is a party.
3.Prior to 2006, California law prohibited the importation of
products made from alligators or crocodiles for commercial
purposes. SB 1485 (Hollingsworth, c. 660, Statutes of 2006)
lifted the prohibition until January 1, 2010. Analyses of
that bill noted that this action could put increased pressure
on wild stocks or lead to more harvesting of endangered or
threatened species that resemble species taken legally. SB
609 (Hollingsworth, c. 15, Statutes of 2009) extended the
sunset until January 1, 2015.
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4.The American alligator was listed as endangered under federal
law in 1967. Due to substantial recovery of the species, it
was reclassified in 1987 to "threatened due to similarity of
appearance" with other endangered or threatened alligator or
crocodile species. The US Fish and Wildlife Service regulates
the harvest of and legal trade in alligators and alligator
products and parts, as part of its efforts to prevent the
illegal take and trafficking of endangered, but similar
looking, species.
5.Trade in the American alligator represents about 60% of
world-wide trade in alligator and crocodile species. While
the American alligator is recognized as an example of
successful conservation through sustainable management, nearly
20 other species of alligators and crocodiles are listed as
endangered or threatened world-wide. Nine of these species
are used in commercial trade.
6.The Convention on International Trade in Endangered Species of
Wild Flora and Fauna (CITES) regulates trade of alligators and
crocodiles and requires that all legal hides be tagged to
distinguish them from listed species that are not permitted to
be legally traded. The export of alligator skins and products
has been regulated by CITES since 1975. The American alligator
is listed on Appendix II of CITES because of its similarity of
appearance with other endangered crocodilian species. Once the
hides are made into products, however, the products do not
carry tags.
7.All countries are required to submit annual reports on
alligator and crocodile harvest to CITES, but not all do.
While the U.S. files reports, some countries, including
Bolivia, Cambodia, Ethiopia, Guyana, Malawi, Panama and
Nicaragua, have not. The 2012 CITES report notes significant
improvement in reporting, but adds that "incomplete data due
to late submission or failure to submit CITES annual reports
remains an impediment to conducting trade studies using CITES
trade data." CITES attempts to match import data with
original export permit information.
8.In Louisiana, the hunting season for American alligators was
reopened in select areas starting in 1972, and then statewide
in 1981. In order to export alligator hides and products, the
state of Louisiana is required by USFWS and CITES regulations
to certify annually that the harvest programs will not be
detrimental to the survival of the species. In the summer 2012
survey, the Louisiana Department of Wildlife and Fisheries
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(LDWF) estimated that there were 42,151 wild alligator nests
present in coastal marsh habitats, an 18% increase from 2011.
Annual harvest quotas are established for different habitat
areas based upon these surveys. The LDWF estimates the current
statewide population of alligators at approximately 1.5
million animals. The LDWF also regulates the collection of
alligator eggs from the wild which are then grown in captivity
on alligator farms. Egg collection is subject to permitting
and is estimated to be less than half of the total number of
eggs produced in the wild statewide. Additionally, the LDWF
requires that 12% of the juvenile alligators hatched from the
eggs be returned to the wild within 2 years of hatching, and
the released alligators are tagged for follow-up monitoring.
According to the Association of Fish and Wildlife Agencies,
the recent annual harvest in Louisiana is approximately 34,000
wild alligators and 290,000 farm-raised alligators.
9.Lately, issues have been raised regarding the appropriate
humane methods for slaughter of farm-raised alligators.
Research has been conducted and a report, "Best Management
Practices for Louisiana Alligator Farming," issued. The
recommended methods have been approved by the American
Veterinary Medicine Association. The LDWF plans to promulgate
regulations for the humane slaughter of farm-raised alligators
within the next few months.
10.In 2009, coastal flooding and tropical weather limited egg
collection and many farmers decided to skip collecting eggs
that year. The economic recession also decreased demand for
farm-raised alligator skins, and many farmers were unable to
sell the skins. The market has recovered since then and
reached pre-recession levels by 2013.
PROPOSED LAW
This bill would extend the sunset date by ten years - from
January 1, 2015 to January 1, 2025 - of the law permitting trade
and possession, as specified, in alligator and crocodile
species, product or parts thereof.
ARGUMENTS IN SUPPORT
According to the California Retailers Association, "The
alligator and crocodile trade is valued at approximately $1
billion per year globally. In addition to product sales, the
significance of this trade's economic contribution to California
manufacturing, retail, and other fashion and design jobs and
commerce is truly remarkable. [?] AB 2075 would give these
important industries certainty by extending the sunset date for
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[Penal Code section] 653(o) to January 1, 2025 to allow for
trade to continue to benefit California's economy and protecting
all impacted industries in the trade such as manufacturing,
retail and fashion and design."
Numerous retailers located in Beverly Hills echoed these
comments and added, "the City of Beverly Hills is famous around
the world for its diverse and comprehensive luxury retail
offerings and the prohibition of these skins would place our
city - and our state - at a great competitive disadvantage with
other states where there is no such prohibition."
The Secretary of the Louisiana Department of Wildlife and
Fisheries states, "The economic incentive from legal, sustained
utilization of alligators leads to wetlands conservation, as
landowners manage, maintain, and enhance their wetlands to
ensure habitat is available for alligators and other fish and
wildlife species."
ARGUMENTS IN OPPOSITION
According to the Humane Society of the United States, "The
rationale for Penal Code 653(o) is to ensure California does not
contribute to the commercial trade in species who face global
threats that are threatening or endangering them. All 23 species
of large crocodiles and alligators have been overexploited and
each species is in listed at some degree of threat on CITES
Appendix I or II. The skins of crocodiles and alligators that
are taken from farmed animals must attach a uniquely numbered,
non-reusable tag. But these tags are not included with every
individual finished product (e.g., purse, shoes, etc.) that is
made from those skins. Thus, Californians could end up
purchasing products made from critically endangered animals -
undermining the entire reason for California's protective
statute."
"A ten year extension of the sunset on the existing law allowing
the importation of these skins is excessive, especially since
prior legislation only extended it four years and five years,
respectively. If this bill is to move forward, we strongly
recommend shortening the time horizon until this issue is
considered again."
The Turtle Island Restoration Network writing in opposition
notes that, "the state of Louisiana is under fire from the
conservation and animal rights communities for its failure to
protect endangered species and other animals."
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COMMENTS
Appropriate period for the sunset extension ? Commercial trade in
kangaroo parts in California is currently allowed under a 5 year
sunset. There are similar issues of potential trade in
endangered species parts, particularly after processing.
Additionally, according to information provided by the author's
office, most alligators are slaughtered at one year for their
skins - a short time horizon - and new regulations related to
harvesting have not yet been promulgated. While compliance with
CITES is improving, gaps remain. Therefore the Committee may
wish to extend the sunset for 5 years, instead of 10 years, to
ensure that efforts to improve harvesting and compliance
continue and that populations continue to thrive [Amendment 1].
SUGGESTED AMENDMENTS
AMENDMENT 1
Page 2, line 5: delete "2025" and replace with "2020" so
the line reads:
"(b)(1) Commencing January 1, 2020, it shall be unlawful"
SUPPORT
California Retailers Association (sponsor)
Association of Fish and Wildlife Agencies
American Tanning & Leather LLC
American Watch Association
Battaglia Beverly Hills
Belair Time Corporation
Beverly Hills Chamber of Commerce
Brooks Brothers
California Chamber of Commerce
California Restaurant Association
Crocodile Specialist Group
Farbod Barsum
Fashion World, Inc.
Fendi Beverly Hills Center
Gearys Beverly Hills
Horiuchi Trading Co.
Hublot Boutique Beverly Hills
IWC North America
LANVIN
Loro Piana
Louisiana Alligator Advisory Council
Louisiana Department of Wildlife and Fisheries
Maxfield
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Rhonda Ochs, LLC
Richard Mille Boutique
Scoop NYC
Sloane Two Rodeo, LLC
Stefano Ricci
Swatch Group, Ltd.
United States Representative, Honorable Charles Boustany
United States Senator, Honorable Mary Landrieu
West Hollywood Chamber of Commerce
Westime
One Individual
OPPOSITION
The Humane Society of the United States
Turtle Island Restoration Network
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