4502.
(a) It is unlawful for any person to do any of the following:(1) Hold in captivity, or use, a wild-caught or captive-bred orca for performance or entertainment purposes.
(2) Capture in state waters, or import from another state, any orca intended to be used for performance or entertainment purposes.
(3) Breed or impregnate an orca in captivity.
(4) Export, collect, or import from another state the semen, other gametes, or embryos of an orca held in captivity for the purpose of artificial insemination.
(b) Every person, corporation, or institution that violates subdivision (a) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred thousand dollars ($100,000), or by imprisonment in a county jail for not more than six months, or by both the fine and imprisonment.
(c) (1) This section does not apply to an orca that is held for rehabilitation after a rescue or stranding, or for research purposes. However, an orca that is held for rehabilitation or research purposes shall be returned to the wild whenever possible, and, if return to the wild is not possible, the orca shall be held in a sea pen that is open to the public and not used for performance or entertainment purposes.
(2) Orcas held for performance or entertainment purposes prior to the
enactment of this section shall be rehabilitated and returned to the wild where possible, subject to any required state or federal permits. If it is not possible to return these orcas to the wild, as determined by the best available science, then these orcas shall be transferred and held in a sea pen that is open to the public and not used for performance or entertainment purposes.
(3) Until an appropriate sea pen has been established, captive orcas held in the state may be kept in existing enclosures. Those orcas shall not be exported or used for gametes, or embryos intended for artificial insemination. Where, based on the best available science, it is determined that an orca has the potential to return to the wild under paragraph (2), that orca may be exported from the state to facilitate its rehabilitation in native waters, subject to any required state or federal permits.
(d) For purposes of this section, the following terms have the following meanings:
(1) “Orca” means a killer whale (Orcinus orca).
(2) “Performance or entertainment purposes” includes, but is not limited to, any routinely scheduled public exhibition that is characterized by music or other sound effects, choreographed display or training for that display, or unprotected contact between humans and orcas. Holding of an orca is not, by itself, a performance or entertainment purpose.
(3) “Unprotected contact” means physical contact between a human and an orca that occurs in the absence of a protective barrier or distance between the trainer and the orca, unless required for veterinarian veterinary care.
(4) “Sea pen” means an in-water enclosure
that is anchored to the sea floor, and attached to the shore.
(e) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.