Amended in Senate September 4, 2015

Amended in Senate September 1, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1188

Introduced by Assembly Member Gipson

February 27, 2015

An act to begin delete amend end delete begin insert repeal and amend end insert Section 653o of the Penal Code, relating to imported begin delete animals. end delete begin insert animals, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1188, as amended, Gipson. Importation or sale of endangered animals.

Existing law makes it unlawful to import into the state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body or other part or product of specified endangered animals, including kangaroos.

This bill would delete the prohibition on the importation, possession with the intent to sell, and selling within the state of kangaroos.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 653o of the end insert begin insert Penal Code end insert begin insert , as amended by
Section 1 of Chapter 464 of the Statutes of 2014, is repealed. end insert

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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, 2020, 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 shall not be construed to 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.

(c) (1) This section shall not apply to kangaroos that may be
harvested lawfully under Australian national and state law, the
federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et
seq.), and applicable international conventions, provided that the
Department of Fish and Game is annually informed in writing, by
May 1, by the Australian government that the commercial harvest
of kangaroos in any future year will not exceed the official quota
for that year, consistent with Australian national and state law, and
of the sustainability principles on which that quota is based.

(2) If the department fails to receive the report described in
paragraph (1), the department shall inform the Australian national
government that future importation of kangaroos that otherwise
may be harvested lawfully under Australian national and state law,
the federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531
et seq.), and applicable international conventions shall be halted
and their importation into this state for commercial purposes,
possession with intent to sell, or sale within the state will be subject
to the provisions of this section.

(d) 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.

(e) The prohibitions against importation for commercial
purposes, possession with intent to sell, and sale of the species
listed in this section are severable. A finding of the invalidity of
any one or more prohibitions shall not affect the validity of any
remaining prohibitions.

(f) This section shall remain in effect only until January 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2016, deletes or extends that date.

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begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 653o of the Penal Code, as amended by Section
2 of Chapter 464 of the Statutes of 2014, is amended to read:

653o.  

(a)  begin insert (1) end insert begin insert   end insert 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, vicuna, sea otter, free-roaming feral horse, dolphin or
porpoise (Delphinidae), Spanish lynx, or elephant.

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(2) This subdivision shall not be construed to authorize the
importation or sale of any kangaroo species that may be harvested
unlawfully under Australian national and state law, the federal
Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.), and
applicable international conventions.

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(b) (1) Commencing January 1, 2020, 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.

(2) This subdivision 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.

(c) A violation of this section is punishable as a misdemeanor
and is 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 are severable. A finding of the invalidity of
any one or more prohibitions shall not affect the validity of any
remaining prohibitions.

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(e) This section shall become operative on January 1, 2016.

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begin insert SEC. 3. end insert   

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This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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To allow over 600 retail stores that carry these products in
California to continue abiding by our current law, and to, as soon
as possible, avoid the risk of possible litigation as a result of the
ban.

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