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AB-1040 Protection of cetaceans: unlawful activities.(2019-2020)

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Date Published: 02/21/2019 09:00 PM
AB1040:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1040

Introduced by Assembly Member Muratsuchi

February 21, 2019

An act to amend Section 4502.5 of the Fish and Game Code, relating to marine mammals.


LEGISLATIVE COUNSEL'S DIGEST


AB 1040, as introduced, Muratsuchi. Protection of cetaceans: unlawful activities.
Existing law makes it unlawful to hold in captivity an orca, whether wild caught or captive bred, for any purpose, including for display, performance, or entertainment purposes; to breed or impregnate an orca held in captivity; to export, collect, or import the semen, other gametes, or embryos of an orca held in captivity for the purpose of artificial insemination; or to export, transport, move, or sell an orca located in the state to another state or country. Existing law creates certain exceptions to these provisions, including an exception that authorizes an orca located in the state on January 1, 2017, to continue to be held in captivity for its current purpose and, after June 1, 2017, to continue to be used for educational presentations. Existing law provides that a person, corporation, or institution that intentionally or negligently violates these provisions is guilty of a misdemeanor punishable by a fine not to exceed $100,000.
This bill would expand these provisions to include cetaceans, which the bill would define to mean a whale, dolphin, and porpoise in the order Cetacea. By expanding the definition of a crime, the bill would impose a state-mandated local program. The bill would authorize a cetacean located in the state on an unspecified date to continue to be held in captivity for its current purpose and, after an unspecified date, to continue to be used for educational presentations.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4502.5 of the Fish and Game Code is amended to read:

4502.5.
 (a) This section shall be known, and may be cited, as the California Orca Protection Act.

(a)

(b) It is unlawful for any person to do any of the following:
(1) (A) Except as provided in subparagraph subparagraphs (B) and (C) and subdivision (c), (d), hold in captivity an orca, orca or other cetacean, whether wild-caught wild caught or captive-bred, captive bred, for any purpose, including, but not limited to, display, performance, or entertainment purposes.
(B) An orca located in the state on January 1, 2017, may continue to be held in captivity for its current purpose and after June 1, 2017, may continue to be used for educational presentations.
(C) A cetacean other than an orca located in the state on ____ may continue to be held in captivity for its current purpose and after ____ may continue to be used for educational presentations.
(2) Breed or impregnate any orca or other cetacean held in captivity in the state.
(3) Export, collect, or import the semen, other gametes, or embryos of an orca or other cetacean held in captivity for the purpose of artificial insemination.
(4) Export, transport, move, or sell an orca or other cetacean located in the state to another state or country unless otherwise authorized by federal law or if the transfer is to another facility within North America that meets standards comparable to those provided under the federal Animal Welfare Act (7 U.S.C. Sec. 2131 and following).

(b)

(c) A person, corporation, or institution that intentionally or negligently violates subdivision (a) (b) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one hundred thousand dollars ($100,000).

(c)

(d) This section does not apply to an orca or other cetacean that is held by a bona fide educational or scientific institution for rehabilitation after a rescue or stranding or for research purposes. However, the department shall be notified immediately upon the rescue or acquisition of any orca, orca or other cetacean, and an orca or other cetacean that is held for rehabilitation or research purposes shall be returned to the wild whenever possible. If return to the wild is not possible, the orca or cetacean may be used for educational presentations, but shall not be used for breeding, performance, or entertainment purposes.

(d)

(e) As used in this section, the following terms are defined as follows:
(1) “Educational presentation” means a live, scheduled orca or other cetacean display in the presence of spectators that includes natural behaviors, enrichment, exercise activities, and a live narration and video content that provides science-based education to the public about orcas. orcas or other cetaceans.
(2) “Orca” means a killer whale (Orcinus orca).
(3) “Cetacean” means a whale, dolphin, or porpoise of the order Cetacea.

(3)

(4) “Bona fide educational or scientific institution” means an institution that establishes through documentation any of the following:
(A) Educational or scientific tax exemption from the Internal Revenue Service or the institution’s national, state, or local tax authority.
(B) Accreditation as an educational or scientific institution from a qualified national, regional, state, or local authority for the institution’s location.
(C) Accreditation by a nationally or internationally recognized zoological or aquarium accreditation organization.

(e)

(f) 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.

SEC. 2.

 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.