Bill Text: CA AB2305 | 2015-2016 | Regular Session | Amended

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Bill Title: Protection of orcas: unlawful activities.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2305 Detail]

Download: California-2015-AB2305-Amended.html

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BILL NUMBER: AB 2305	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2016
	AMENDED IN ASSEMBLY  APRIL 5, 2016
	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Bloom
   (Coauthor: Assembly Member Levine)

                        FEBRUARY 18, 2016

   An act to add Section 4502 to the Fish and Game Code, relating to
marine mammals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2305, as amended, Bloom. Protection of orcas: unlawful
activities.
   (1) Existing law makes it unlawful to take any marine mammal, as
defined, except as provided under specified federal laws.
   This bill would make 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, except as provided.
   The bill would provide 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. By
creating a new crime, the bill would impose a state-mandated local
program.
   (2) 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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4502 is added to the Fish and Game Code, to
read:
   4502.  This section shall be known, and may be cited, as the
California Orca Protection Act.
   (a) It is unlawful for any person to do any of the following:
   (1) (A) Except as provided in subparagraph (B) and subdivision
(c), hold in captivity an orca, whether wild-caught or 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 until it is retired or until its
death.   presentations. 
   (2) Breed or impregnate any orca held in captivity in the state.
   (3) Export, collect, or import the semen, other gametes, or
embryos of an orca held in captivity for the purpose of artificial
insemination.
   (4) Export, transport, move, or sell an orca 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 Animal
Welfare Act (7 U.S.C. Sec. 2131 and following).
   (b) A person, corporation, or institution that intentionally or
negligently violates subdivision (a) 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) 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  may be used for educational
presentations, but  shall not be used for breeding, performance,
or entertainment purposes.
   (d) As used in this section, the following terms are defined as
follows:
    (1) "Educational presentation" means a live, scheduled orca
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.
   (2) "Orca" means a killer whale (Orcinus orca).
   (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.
  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.