Existing law makes it a misdemeanor for any owner or manager of an elephant to engage in abusive behavior toward the elephant, which includes disciplining an elephant by specified methods.

Existing law prohibits the importation, transportation, possession, or live release of specified wild animals, including all species of the order Proboscidea (elephants) into this state, except under a revocable, nontransferable permit, known as a restricted species permit, issued by the Department of Fish and Wildlife, in cooperation with the Department of Food and Agriculture, and only if certain requirements are met. Existing law requires the Fish and Game Commission to revoke a permit under certain circumstances and, in cooperation with the Department of Food and Agriculture, to adopt regulations for the notification of the revocation, termination, or denial of permits, and related appeals. Existing law authorizes specified entities, including the Department of Fish and Wildlife, to enforce these provisions. Under existing law, a violation of these provisions is a crime and is subject to specified civil penalties.

This bill would, beginning January 1, 2018, prohibit any person who houses, possesses, or is in direct contact with an elephant from using, or authorizing or allowing an employee, agent, or contractor to use, a bullhook, ankus, baseball bat, axe handle, pitchfork, or other device designed to inflict pain for the purpose of training or controlling the behavior of an elephant. A person who violates these provisions would not be subject to criminal penalty but would be subject to civil penalties and the restricted species permit for the elephant would be subject to immediate suspension or revocation by the Department of Fish and Wildlife. The bill would authorize a person whose permit is suspended or revoked to appeal the suspension or revocation to the commission by filing a written request for an appeal within 30 days of the suspension or revocation.