Today's Law As Amended


Add To My Favorites | print page

SB-609 Importation of crocodile and alligator parts.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 653o of the Penal Code, as amended by Section 1 of Chapter 576 of the Statutes of 2007, is amended to read:

653o.
 (a) It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a any  part or product thereof, of a any  polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.
(b) (1) Commencing January 1, 2020, 2015,  it is  shall be  unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a any  part or product thereof, of a any  crocodile or alligator.
(2) This subdivision does not  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.
(c) (1) This section shall not apply to kangaroos that may be harvested lawfully under Australian national and state law, the federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.), and applicable international conventions, provided that the Department of Fish and Game is annually informed by the Australian government that the commercial harvest of kangaroos in any future year will not exceed the official quota established for 2007 or the lawful take of kangaroos in each subsequent year, whichever is the lesser.
(c) (2)  Commencing January 1, 2022, it is unlawful to import  If the department fails to receive the report described in paragraph (1), the department shall inform the Australian national government that future importation of kangaroos that otherwise may be harvested lawfully under Australian national and state law, the federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.), and applicable international conventions shall be halted and their importation  into this state for commercial purposes, to possess  possession  with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard. sale within the state will be subject to the provisions of this section. 
(d) A Any  person who violates any provision of  this section is guilty of a misdemeanor and shall be subject to a fine of not less than one thousand dollars ($1,000) and not to exceed five thousand dollars ($5,000) or imprisonment in the county jail not to exceed six months, or both that  fine and imprisonment, for each violation.
(e) The prohibitions against importation for commercial purposes, possession with intent to sell, and sale of the species listed in this section are severable. A finding of the invalidity of any one or more prohibitions shall not affect the validity of any remaining prohibitions.
(f) This section shall remain in effect only until January 1, 2011, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2011, deletes or extends that date.

SEC. 2.

 Section 653o of the Penal Code, as added by Section 2 of Chapter 576 of the Statutes of 2007, is amended to read:

653o.
 (a) It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a any  part or product thereof, of a any  polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.
(b) (1) Commencing January 1, 2020, 2015,  it is  shall be  unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a any  part or product thereof, of a any  crocodile or alligator.
(2) This subdivision does not  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.
(c) Commencing January 1, 2022, it is unlawful to import into this state 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 an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard.
(d) (c)  A Any  person who violates any provision of  this section is guilty of a misdemeanor and shall be subject to a fine of not less than one thousand dollars ($1,000) and not to exceed five thousand dollars ($5,000) or imprisonment in the county jail not to exceed six months, or both that the  fine and imprisonment, for each violation.
(e) (d)  The prohibitions against importation for commercial purposes, possession with intent to sell, and sale of the species listed in this section are severable. A finding of the invalidity of any one or more prohibitions shall not affect the validity of any remaining prohibitions.
(e) This section shall become operative on January 1, 2011.