Today's Law As Amended

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AB-719 Endangered wildlife: crocodiles and alligators.(2019-2020)



SECTION 1.

 Section 653o of the Penal Code 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 any part or product thereof, of a 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) It  Commencing January 1, 2020, it shall be   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 a crocodile or alligator. any seal. 
(2) This subdivision 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 international treaty to which the United States is a party.
(c) A person who violates 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.
(d) The prohibitions against importation for commercial purposes, possession with intent to sell, and sale of the species listed in this section subdivision (a)  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, 2016.

SEC. 2.

 Section 653q of the Penal Code is repealed.

653q.
 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 any seal.
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 for not to exceed six months, or both such fine and imprisonment, for each violation.

SEC. 3.

 Section 653q is added to the Penal Code, to read:

653q.
 (a) On and after March 30, 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 a crocodile or alligator unless the part or product has been tracked using the technology or process established pursuant to subdivision (b).
(b) (1) On or before September 30, 2020, manufacturers of products that use the hides of crocodiles or alligators, after consultation with the Department of Fish and Wildlife, shall submit to the Director of Fish and Wildlife proposals for technologies or processes that do both of the following:
(A) Allow for the tracking or tracing of the source of origin of crocodile or alligator hides used to manufacture products sold in this state.
(B) Require humane treatment of farmed crocodiles and alligators, as well as humane slaughtering techniques.
(2) On or before March 30, 2021, the director shall approve technologies or processes that it determines meet the requirements of paragraph (1).
(3) Manufacturers shall have until March 30, 2022, to implement the technologies and processes approved pursuant to paragraph (2).
(c) If the director determines that no technology or process that meets the requirements of paragraph (1) of subdivision (b) has been submitted, the following shall apply:
(1) On and after January 1, 2021, or the date the determination is made, it 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 any part or product thereof, of a crocodile or alligator for purposes other than medical research, specialized pet food, or human consumption.
(2) On and after January 1, 2022, it 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 any part or product thereof, of a crocodile or alligator for purposes of medical research, specialized pet food, or human consumption.
(d) This section does not 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 international treaty to which the United States is a party.
(e) A person who violates 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.
SEC. 4.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.