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

California Assembly Bill 2305 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

BILL NUMBER: AB 2305	AMENDED
	BILL TEXT

	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 relating to fish.   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.  Native steelhead trout:
study.   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.  
   Existing law establishes the Department of Fish and Wildlife in
the Natural Resources Agency. Under existing law, the department has
jurisdiction over the conservation, protection, and management of
fish, wildlife, native plants, and habitat necessary for biologically
sustainable populations of those species.  
   This bill would require the department to conduct a study of
native steelhead trout, as specified, and to submit the study to the
Legislature by January 1, 2018. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   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 and may continue to be used for educational
presentations until it is retired or until its death.
   (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 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.  
  SECTION 1.    (a) The Department of Fish and
Wildlife shall conduct a study of native steelhead trout. The
department shall do all of the following in the study:
   (1) Identify which subspecies of native steelhead trout is best
suited for adaptation to warming seas due to climate change.
   (2) Identify areas of the state where the subspecies of native
steelhead trout identified in paragraph (1) is found.
   (3) Describe the current level of sustainability, current
population condition, and population needs of the subspecies of
native steelhead trout identified in paragraph (1).
   (4) Identify subspecies of native steelhead trout that are most at
risk of extinction due to climate change.
   (b) (1) The department shall submit the study to the Legislature
by January 1, 2018.
   (2) The study submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.