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

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Date Published: 08/13/2019 10:00 AM
AB719:v92#DOCUMENT

Amended  IN  Senate  August 13, 2019
Amended  IN  Senate  June 25, 2019
Amended  IN  Senate  June 20, 2019
Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  April 12, 2019
Amended  IN  Assembly  April 08, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 719


Introduced by Assembly Members Blanca Rubio and Gray
(Principal coauthor: Senator Caballero)
(Coauthors: Assembly Members Cooper, Flora, Gallagher, and Waldron)
(Coauthors: Senators Archuleta and Jones)

February 19, 2019


An act to amend Section 653o of of, and to repeal and add Section 653q of, the Penal Code, relating to endangered wildlife.


LEGISLATIVE COUNSEL'S DIGEST


AB 719, as amended, Blanca Rubio. Endangered wildlife: crocodiles and alligators.
Existing law makes it a misdemeanor to import into the state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf, zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin, porpoise, Spanish lynx, or elephant. Existing law, commencing January 1, 2020, makes it a misdemeanor to import into the state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a part or product thereof, of a crocodile or alligator.

This bill would delay the commencement of the prohibition on importing into the state for commercial purposes, possessing with intent to sell, or selling within the state, the dead body, or a part or product thereof, of a crocodile or alligator until January 1, 2025. The bill would also require a specified disclosure on all products sold in the state prior to January 1, 2025, failure to do so being punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.

This bill would require manufacturers of products that use the hides of crocodiles or alligators, after consultation with the Department of Fish and Wildlife, to submit to the Director of Fish and Wildlife proposals for technologies or processes that allow for the tracking or tracing of the source of origin of crocodile or alligator hides used to manufacture products sold in this state and require humane treatment of farmed crocodiles and alligators, as well as humane slaughtering techniques. The bill would require the director, on or before March 30, 2021, to approve technologies or processes that meet those requirements.
This bill would make it a misdemeanor, on or after March 30, 2022, 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 established technology or process. The bill, if the director determines that a technology or process has not been submitted that meets the requirements, would make it a misdemeanor 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 after January 1, 2021, or the date of the director’s determination and would also make it a misdemeanor 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 on or after January 1, 2022. By changing the definition of a crime, this bill would impose a state-mandated local program.
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 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)Commencing January 1, 2025, 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.

(2)This subdivision does not authorize the importation or sale of any alligator or crocodilian species, or 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 products thereof, in violation of any federal law or international treaty to which the United States is a party.

(3)A product sold in this state prior to January 1, 2025, that is made, in whole or in part, from alligators or crocodiles shall be accompanied by a disclosure that reads as follows: “This product was made using materials that were sourced in full compliance with the provisions of the Convention on International Trade in Endangered Species (CITES).”

(b) 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.
(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 one or more prohibitions shall not affect the validity of any remaining prohibitions.

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. 2.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.