Amended IN Assembly July 28, 2020 Amended IN Senate June 18, 2020 Amended IN Senate June 02, 2020 Amended IN Senate May 13, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1175Introduced by Senator SternFebruary 20, 2020An act to amend Section 2120 Sections 2119, 2120, 2150.2, and 2271 of, and to add Section 2351 Sections 2273 and 2351 to, the Fish and Game Code, and to amend Section 597.3 of the Penal Code, relating to animals.LEGISLATIVE COUNSEL'S DIGESTSB 1175, as amended, Stern. Animals: prohibitions on importation and possession of wild animals: live animal markets.(1) Existing law prohibits the importation, transportation, possession, or live release of listed wild animals, except under a revocable, nontransferable permit. Existing law permits the Fish and Game Commission, by regulation, and in cooperation with the Department of Food and Agriculture, to add or delete wild animals from the listed wild animals that are in addition to those listed by statute. Existing law requires the Department of Fish and Wildlife to publish, from time to time as changes arise, a list of animals that may not be imported or transported into this state. Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under this code, is a crime.This bill would delete the requirement for the department to publish the list and would instead require the department, no later than December 31, 2021, to establish a list of wild animals that may not be imported or transported into this state. The bill would require the department to add and delete wild animals from this list in accordance with specified criteria. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program.(1)(2) Existing law requires the Fish and Game Commission, in cooperation with the Department of Food and Agriculture, to adopt regulations governing both (A) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state, and (B) the possession of all other wild animals. Existing law requires the regulations to be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the safety of the public.This bill would require the Department of Fish and Wildlife to immediately suspend any authorization to import a wild animal species into the state when the evidence suggests zoonotic transmission from this species, or a closely related species, could be responsible for a novel, readily transmissible human disease in order to protect the public health. health and safety, native wildlife, or agricultural interests of the state. The bill would prohibit the department from authorizing the importation of any individual animals of a wild animal species that could be responsible for zoonotic transmission of a readily transmissible human disease until a robust testing protocol is implemented to ensure that all individual animals subject to an authorization are not carriers. The bill would also authorize the department to take additional measures pursuant to its authority related to wild animal species necessary to protect the public health. The bill would require the department, as applicable, to revise the list of animals that may not be imported or transported into this state that the department is required to publish from time to time as changes arise.(3) Existing law requires the Department of Fish and Wildlife to establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering, implementing, and enforcing provisions of law governing the importation, transportation, and sheltering of restricted live wild animals.This bill would require the department, at least once every 5 years, to analyze and, as necessary, adjust those fees to meet the requirements of this provision.(4) Existing law prohibits the importation of a live aquatic plant or animal into this state without the prior written approval of the Department of Fish and Wildlife pursuant to regulations adopted by the Fish and Game Commission, except as specified.This bill would require the department to adjust the amount of the fees adopted by the commission for importation permits for a live aquatic plant or animal, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to these permits.(2)(5) Existing law prohibits the importation or possession of birds, mammals, fish, reptiles, or amphibians unless specified conditions are met, including, among other things, the animals were legally taken and legally possessed outside of this state and the Fish and Game Code and regulations adopted pursuant to that code do not expressly prohibit their possession in this state. Existing law provides that a violation of this code or any regulation adopted under this code is a crime.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 other part or product of specified animals, including leopards, tigers, and elephants. A violation of this provision is punishable by a fine of not less than $1,000, not to exceed $5,000, or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, for each violation.This bill would enact the Iconic African Species Protection Act and would prohibit the possession of the dead body, or a part or product thereof, of specified African species and any part, product, or the dead body or parts thereof, including, but not limited to, the African elephant or the black rhinoceros, by any individual, firm, corporation, association, or partnership within the State of California, except as specified for, among other things, use for educational or scientific purposes by a bona fide educational or scientific institution, as defined.The bill would provide that any person who violates the provisions of the act is subject to a civil penalty of not less than $5,000 or more than $40,000 for each violation. The bill would require that the civil penalties imposed pursuant to the act be deposited in the Fish and Game Preservation Fund. By creating new crimes, the bill would impose a state-mandated local program.(3)(6) Existing law prohibits a person who operates a live animal market from engaging in specified practices, including confining or displaying an animal in a manner that is likely to result in injury. Existing law defines a live animal market as a retail food market where frogs, turtles, and birds other than poultry are stored alive and sold to consumers for purposes of human consumption. Existing law imposes specified fines for a violation of these provisions.This bill would prohibit a person who operates a live animal market from storing or selling an animal that is a known or likely invasive species or that is of a taxa known or likely to be responsible for zoonotic transmission of a disease. disease, as determined by the Fish and Game Commission. The bill would require the Fish and Game Commission to adopt regulations governing the storing and sale of animals for live animal markets. By creating a new crime, this bill would impose a state-mandated local program.By creating a new crime, this bill would impose a state-mandated local program. The bill would extend the statute of limitations for the prosecution of a violation of these prohibitions relating to live animal markets from 1 to 3 years.(4)(7) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Infectious diseases cause about one-quarter of human deaths. Of these deaths, almost 60 percent are from zoonotic diseases and over 70 percent of these zoonoses are from wildlife. Trade of wildlife has led to novel zoonotic pathogens that threaten human and animal health, food security and production, and biological diversity with implications for economic stability. Experts, including from the World Health Organization, agree that future human pandemics will likely be caused by wildlife and be zoonotic in nature. In the last 40 years, the worst pandemics were all zoonotic or vector in origin, including the human immunodeficiency virus (HIV), severe acute respiratory syndrome (SARS), avian influenza, swine influenza, Ebola virus, and Zika virus. The three epidemic and pandemic level coronavirus outbreaks in the last two decades (SARS, Middle East Respiratory Syndrome (MERS), and COVID-19) were likely caused by transmission between two animal species followed by transmission to humans with cases initially spreading due to multiple species in close contact with each other and humans simultaneously. Therefore, rapid response to potential carrier species imports and exports will provide additional protection to viral spread.(b) There are existing policies and law laws to protect the states flora and fauna from nonnative and invasive species. Wildlife are usually imported into the state under the authority of a permit issued by the Department of Fish and Wildlife, among others. While that permit may include some form of health certification, it is unclear that the current processes in practice incorporate or identify all likely diseases that represent risks to humans and wildlife. The Veterinary Public Health Section of the State Department of Public Health also issues permits for certain species of wildlife imported into the state. The COVID-19 pandemic highlights the need to review existing practices to ensure that wildlife imported into the state do not present a risk of disease to humans or wildlife.(c) Between 2007 and 2014, Savanna elephant populations declined by 30 percent, between 1993 and 2014, African lion populations are estimated to have declined by 43 percent, and since 1960 the Black rhino population has declined by 97.6 percent. In order to address these diminishing numbers, California must address our contribution toward their imperilment. The goals of these provisions this act are to reduce the demand for new trophies of certain wild animal species, and not to interfere with the possession or sale of existing jewelry or other small personal items containing parts of these species that are otherwise legal.SEC. 2. Section 2119 of the Fish and Game Code is amended to read:2119. (a) (1) The department shall publish from time to time as changes arise, a list of establish a list, no later than December 31, 2021, of wild animals that may not be imported or transported into this state.(2) The department shall add a wild animal to this list if it determines that prohibiting the importation or transportation of the wild animal into the state is necessary to protect public health and safety, native wildlife, or agricultural interests of the state.(3) The department shall remove a wild animal from this list if it determines that prohibiting the importation or transportation of the wild animal into the state is not necessary to protect public health and safety, native wildlife, or agricultural interests of the state.(b) The department may establish the list required by subdivision (a) and any subsequent revision to the list as an emergency regulation. An emergency regulation adopted pursuant to this section shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of the list, and any subsequent required addition of species under the regulation, is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted pursuant to this section by the department shall stay in effect until revised by the department.SEC. 2.SEC. 3. Section 2120 of the Fish and Game Code is amended to read:2120. (a) The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state pursuant to this chapter, and (2) the possession of all other wild animals. The regulations shall be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the health and safety of the public.(b) The regulations shall also include criteria for all of the following:(1) The receiving, processing, and issuing of a permit and conducting inspections.(2) Contracting out inspection activities.(3) Responding to public reports and complaints.(4) The notification of the revocation, termination, or denial of permits, and related appeals.(5) The method by which the department determines that the breeding of wild animals pursuant to a single event breeding permit for exhibitor or a breeding permit is necessary and will not result in unneeded or uncared for animals, and the means by which the criteria will be implemented and enforced.(6) How a responding agency will respond to an escape of a wild animal. This shall include, but not be limited to, the establishment of guidelines for the safe recapture of the wild animal and procedures outlining when lethal force would be used to recapture the wild animal.(c) (1) The In order to protect public health and safety, native wildlife, or agricultural interests of this state, the department shall immediately suspend any existing authorization and not issue any new authorization to import a wild animal species into the state when the evidence suggests zoonotic transmission from this species, or a closely related species, could be responsible for a novel, readily transmissible human disease in order to protect the public health. disease.(2) The department may take additional measures pursuant to its authority under this chapter related to wild animal species necessary to protect the public health. health, native wildlife, or agricultural interests of this state from zoonotic transmission of a readily transmissible human disease.(3) The department shall not authorize importation of any individual animals of a wild animal species that could be responsible for zoonotic transmission of a readily transmissible human disease until a robust testing protocol is implemented to ensure that all individual animals subject to an authorization are not carriers.(4) The department shall adopt and revise the list required pursuant to Section 2119, as applicable.(5) In implementing this subdivision, the department shall consult with the State Department of Public Health, including its Veterinary Public Health Section, the departments Science Institute, as applicable, and other experts to ensure that the implementation is informed by the best available science. Additionally, the department shall coordinate with the State Department of Public Health, including its Veterinary Public Health Section, and other public entities with jurisdiction over wild animals to minimize duplication of regulatory effort and permitting.(6) This subdivision shall not be interpreted to limit the authority of the department described in any other law with respect to wild animal species.SEC. 4. Section 2150.2 of the Fish and Game Code is amended to read:2150.2. The department shall establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering, implementing, and enforcing this chapter. chapter, and shall, consistent with the requirements of Section 713, at least once every five years, analyze and, as necessary, adjust these fees to meet the requirements of this section.SEC. 5. Section 2271 of the Fish and Game Code is amended to read:2271. (a) No A live aquatic plant or animal may shall not be imported into this state without the prior written approval of the department pursuant to regulations adopted by the commission. A written application for the importation, submitted in conformance with the procedural requirements established by the commission, is deemed approved where it has not been denied within 60 days.(b) This section does not apply to the following plants or animals unless the plants or animals are or may be placed in waters of the state:(1) Mollusks.(2) Crustaceans.(3) Ornamental marine or freshwater plants and animals that are not utilized used for human consumption or bait purposes and are maintained in closed systems for personal, pet industry, or hobby purposes.(c) The This section does not apply to any live aquatic plant or animal imported by a registered aquaculturist.(d) The department shall adjust the amount of the fees adopted by the commission pursuant to Section 1050 for importation permits issued pursuant to this section, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to these permits.SEC. 6. Section 2273 is added to the Fish and Game Code, to read:2273. (a) The commission shall adopt regulations governing the storing and sale of animals for live animal markets, as defined in Section 597.3 of the Penal Code.(b) The regulations shall also identify a list of prohibited animals known or likely to be an invasive species or of a taxa known or likely to be responsible for zoonotic transmission of a disease.SEC. 3.SEC. 7. Section 2351 is added to the Fish and Game Code, to read:2351. (a) This section may be known, and may be cited, as the Iconic African Species Protection Act.(b) For the purposes of this section, the following terms have the following meanings:(1) Iconic African species means the dead body, or a part or product thereof, excluding fossils, of any species or subspecies of the following members of the animal kingdom: African elephant (Loxodonta africana and Loxodonta cyclotis), African lion (Panthera leo), leopard (Panthera pardus), black rhinoceros (Diceros bicornis), white rhinoceros (Ceratotherium simum), giraffe (Giraffa camelopardalis), Jentinks duiker (Cephalophus jentinki), plains zebra (Equus quagga), mountain zebra (Equus zebra), hippopotamus (Hippopotamus amphibius), pangolin (order Pholidota of the class Mammalia), baboon (family Cercopithecidae, order Primates of the class Mammalia), and hyaena (family Hyaenidae, order Carnivora of the class Mammalia), this includes any part, product, or the dead body or parts thereof, excluding fossils, whether or not included in a manufactured product or in a food product of any species protected by this part. Mammalia).(2) Article is synonymous with the term iconic African species.(3) Bona fide educational or scientific institution means an institution that establishes through documentation either of the following:(A) Educational or scientific tax exemption, from the federal Internal Revenue Service or the institutions 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 institutions location.(c) Except as provided in subdivision (d), iconic African species shall not be possessed by any individual, firm, corporation, association, or partnership within the State of California. state.(d) Unless such activity is otherwise prohibited by law, one or more of the following exceptions and defenses apply to the prohibition set forth in subdivision (c):(1) The prohibition of subdivision (c) does not apply to an employee or agent of the federal, state, or local government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law.(2) The article is possessed for wholly noncommercial purposes and the owner can demonstrate the article was in the persons possession within this state before January 1, 2021. An owner may demonstrate possession of the article before January 1, 2021, by furnishing documentation that includes, but is not limited to, any of the following:(A) A valid permit for the importation of sport-hunted trophies issued by the United States Fish and Wildlife Service before January 1, 2021.(B) A bill of lading or other valid document regarding the transportation of the article issued before January 1, 2021.(C) A valid appraisal of the article issued before January 1, 2021.(D) Photographic or video evidence showing the article in the owners possession that possesses a date stamp indicating a date before January 1, 2021.(3) The article was lawfully imported pursuant to a permit or exemption under the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.). Within 180 days of importation, any such article shall be removed from within the state and may not be subsequently possessed within the state unless possession of the article is expressly authorized by the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.) or its implementing regulations.(4) The article is for use for educational or scientific purposes by a bona fide educational or scientific institution.(5) In the case of ivory or rhinoceros horn, the article is possessed in conformance with the requirements of Section 2022.(6) The article is distributed directly to a legal beneficiary of a trust or to a legal heir provided the article was possessed by the decedent before the enactment of this section.(e) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five thousand dollars ($5,000) or more than forty thousand dollars ($40,000) for each violation.(f) The Attorney General, or the city attorney of the city or county counsel of the county in which a violation of this section occurs, may bring a civil action to recover the civil penalty described in subdivision (e). The civil action shall be brought in the county in which the violation occurs and any penalty imposed shall be transferred to the Controller for deposit in the Fish and Game Preservation Fund in accordance with Section 13003.(g) For any conviction or other entry of judgment imposed by a court for a violation of this section resulting in a fine, the department may provide court may pay a reward of up to five hundred dollars ($500) from that fine to any person giving information that led to the conviction or other entry of judgment. This reward shall be paid from the Fish and Game Preservation Fund, upon appropriation by the Legislature. This reward shall not apply if the informant is a regular salaried law enforcement officer or an officer or agent of the department.(h) Upon conviction or other entry of judgment for a violation of this section, any seized article shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed.(i) This section does not preclude enforcement under Section 2022 of this code or Sections 653o, 653p, and 653r of the Penal Code.(j) The prohibition against possession of the species listed in paragraph (1) of subdivision (b) is severable. A finding of the invalidity of the prohibition against a species shall not affect the validity of the prohibition against other species.SEC. 4.SEC. 8. Section 597.3 of the Penal Code is amended to read:597.3. (a) Every person who operates a live animal market shall do all of the following:(1) Provide that no animal will be dismembered, flayed, cut open, or have its skin, scales, feathers, or shell removed while the animal is still alive.(2) Provide that no live animals will be confined, held, or displayed in a manner that results, or is likely to result, in injury, starvation, dehydration, or suffocation.(3) Provide that no animal be a known or likely invasive species or of a taxa known or likely to be responsible for zoonotic transmission of a disease. disease, as determined by the Fish and Game Commission pursuant to Section 2273 of the Fish and Game Code.(b) As used in this section:(1) Animal means frogs, turtles, and birds sold for the purpose of human consumption, with the exception of poultry.(2) Live animal market means a retail food market where, in the regular course of business, animals are stored alive and sold to consumers for the purpose of human consumption.(3) Poultry has the same meaning as defined in Section 24657 of the Food and Agricultural Code.(c) Any person who fails to comply with any requirement of subdivision (a) shall, for the first violation, be given a written warning in a written language that is understood by the person receiving the warning. A second or subsequent violation of subdivision (a) shall be an infraction, punishable by a fine of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000). However, a fine paid for a second violation of subdivision (a) shall be deferred for six months if a course is available that is administered by a state or local agency on state law and local ordinances relating to live animal markets. If the defendant successfully completes that course within six months of entry of judgment, the fine shall be waived. The state or local agency may charge the participant a fee to take the course, not to exceed one hundred dollars ($100).(d) (1) Moneys collected from a fine imposed pursuant to this section shall be apportioned pursuant to Section 13003 of the Fish and Game Code.(2) Moneys equivalent to 50 percent of the revenue deposited in the Fish and Game Preservation Fund from fines collected pursuant to this section shall be allocated for the support of the Special Operations Unit of the Department of Fish and Wildlife and used for law enforcement purposes.(e) Notwithstanding Section 802, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.SEC. 5.SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Amended IN Assembly July 28, 2020 Amended IN Senate June 18, 2020 Amended IN Senate June 02, 2020 Amended IN Senate May 13, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1175Introduced by Senator SternFebruary 20, 2020An act to amend Section 2120 Sections 2119, 2120, 2150.2, and 2271 of, and to add Section 2351 Sections 2273 and 2351 to, the Fish and Game Code, and to amend Section 597.3 of the Penal Code, relating to animals.LEGISLATIVE COUNSEL'S DIGESTSB 1175, as amended, Stern. Animals: prohibitions on importation and possession of wild animals: live animal markets.(1) Existing law prohibits the importation, transportation, possession, or live release of listed wild animals, except under a revocable, nontransferable permit. Existing law permits the Fish and Game Commission, by regulation, and in cooperation with the Department of Food and Agriculture, to add or delete wild animals from the listed wild animals that are in addition to those listed by statute. Existing law requires the Department of Fish and Wildlife to publish, from time to time as changes arise, a list of animals that may not be imported or transported into this state. Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under this code, is a crime.This bill would delete the requirement for the department to publish the list and would instead require the department, no later than December 31, 2021, to establish a list of wild animals that may not be imported or transported into this state. The bill would require the department to add and delete wild animals from this list in accordance with specified criteria. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program.(1)(2) Existing law requires the Fish and Game Commission, in cooperation with the Department of Food and Agriculture, to adopt regulations governing both (A) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state, and (B) the possession of all other wild animals. Existing law requires the regulations to be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the safety of the public.This bill would require the Department of Fish and Wildlife to immediately suspend any authorization to import a wild animal species into the state when the evidence suggests zoonotic transmission from this species, or a closely related species, could be responsible for a novel, readily transmissible human disease in order to protect the public health. health and safety, native wildlife, or agricultural interests of the state. The bill would prohibit the department from authorizing the importation of any individual animals of a wild animal species that could be responsible for zoonotic transmission of a readily transmissible human disease until a robust testing protocol is implemented to ensure that all individual animals subject to an authorization are not carriers. The bill would also authorize the department to take additional measures pursuant to its authority related to wild animal species necessary to protect the public health. The bill would require the department, as applicable, to revise the list of animals that may not be imported or transported into this state that the department is required to publish from time to time as changes arise.(3) Existing law requires the Department of Fish and Wildlife to establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering, implementing, and enforcing provisions of law governing the importation, transportation, and sheltering of restricted live wild animals.This bill would require the department, at least once every 5 years, to analyze and, as necessary, adjust those fees to meet the requirements of this provision.(4) Existing law prohibits the importation of a live aquatic plant or animal into this state without the prior written approval of the Department of Fish and Wildlife pursuant to regulations adopted by the Fish and Game Commission, except as specified.This bill would require the department to adjust the amount of the fees adopted by the commission for importation permits for a live aquatic plant or animal, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to these permits.(2)(5) Existing law prohibits the importation or possession of birds, mammals, fish, reptiles, or amphibians unless specified conditions are met, including, among other things, the animals were legally taken and legally possessed outside of this state and the Fish and Game Code and regulations adopted pursuant to that code do not expressly prohibit their possession in this state. Existing law provides that a violation of this code or any regulation adopted under this code is a crime.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 other part or product of specified animals, including leopards, tigers, and elephants. A violation of this provision is punishable by a fine of not less than $1,000, not to exceed $5,000, or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, for each violation.This bill would enact the Iconic African Species Protection Act and would prohibit the possession of the dead body, or a part or product thereof, of specified African species and any part, product, or the dead body or parts thereof, including, but not limited to, the African elephant or the black rhinoceros, by any individual, firm, corporation, association, or partnership within the State of California, except as specified for, among other things, use for educational or scientific purposes by a bona fide educational or scientific institution, as defined.The bill would provide that any person who violates the provisions of the act is subject to a civil penalty of not less than $5,000 or more than $40,000 for each violation. The bill would require that the civil penalties imposed pursuant to the act be deposited in the Fish and Game Preservation Fund. By creating new crimes, the bill would impose a state-mandated local program.(3)(6) Existing law prohibits a person who operates a live animal market from engaging in specified practices, including confining or displaying an animal in a manner that is likely to result in injury. Existing law defines a live animal market as a retail food market where frogs, turtles, and birds other than poultry are stored alive and sold to consumers for purposes of human consumption. Existing law imposes specified fines for a violation of these provisions.This bill would prohibit a person who operates a live animal market from storing or selling an animal that is a known or likely invasive species or that is of a taxa known or likely to be responsible for zoonotic transmission of a disease. disease, as determined by the Fish and Game Commission. The bill would require the Fish and Game Commission to adopt regulations governing the storing and sale of animals for live animal markets. By creating a new crime, this bill would impose a state-mandated local program.By creating a new crime, this bill would impose a state-mandated local program. The bill would extend the statute of limitations for the prosecution of a violation of these prohibitions relating to live animal markets from 1 to 3 years.(4)(7) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly July 28, 2020 Amended IN Senate June 18, 2020 Amended IN Senate June 02, 2020 Amended IN Senate May 13, 2020
Amended IN Assembly July 28, 2020
Amended IN Senate June 18, 2020
Amended IN Senate June 02, 2020
Amended IN Senate May 13, 2020
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill
No. 1175
Introduced by Senator SternFebruary 20, 2020
Introduced by Senator Stern
February 20, 2020
An act to amend Section 2120 Sections 2119, 2120, 2150.2, and 2271 of, and to add Section 2351 Sections 2273 and 2351 to, the Fish and Game Code, and to amend Section 597.3 of the Penal Code, relating to animals.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1175, as amended, Stern. Animals: prohibitions on importation and possession of wild animals: live animal markets.
(1) Existing law prohibits the importation, transportation, possession, or live release of listed wild animals, except under a revocable, nontransferable permit. Existing law permits the Fish and Game Commission, by regulation, and in cooperation with the Department of Food and Agriculture, to add or delete wild animals from the listed wild animals that are in addition to those listed by statute. Existing law requires the Department of Fish and Wildlife to publish, from time to time as changes arise, a list of animals that may not be imported or transported into this state. Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under this code, is a crime.This bill would delete the requirement for the department to publish the list and would instead require the department, no later than December 31, 2021, to establish a list of wild animals that may not be imported or transported into this state. The bill would require the department to add and delete wild animals from this list in accordance with specified criteria. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program.(1)(2) Existing law requires the Fish and Game Commission, in cooperation with the Department of Food and Agriculture, to adopt regulations governing both (A) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state, and (B) the possession of all other wild animals. Existing law requires the regulations to be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the safety of the public.This bill would require the Department of Fish and Wildlife to immediately suspend any authorization to import a wild animal species into the state when the evidence suggests zoonotic transmission from this species, or a closely related species, could be responsible for a novel, readily transmissible human disease in order to protect the public health. health and safety, native wildlife, or agricultural interests of the state. The bill would prohibit the department from authorizing the importation of any individual animals of a wild animal species that could be responsible for zoonotic transmission of a readily transmissible human disease until a robust testing protocol is implemented to ensure that all individual animals subject to an authorization are not carriers. The bill would also authorize the department to take additional measures pursuant to its authority related to wild animal species necessary to protect the public health. The bill would require the department, as applicable, to revise the list of animals that may not be imported or transported into this state that the department is required to publish from time to time as changes arise.(3) Existing law requires the Department of Fish and Wildlife to establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering, implementing, and enforcing provisions of law governing the importation, transportation, and sheltering of restricted live wild animals.This bill would require the department, at least once every 5 years, to analyze and, as necessary, adjust those fees to meet the requirements of this provision.(4) Existing law prohibits the importation of a live aquatic plant or animal into this state without the prior written approval of the Department of Fish and Wildlife pursuant to regulations adopted by the Fish and Game Commission, except as specified.This bill would require the department to adjust the amount of the fees adopted by the commission for importation permits for a live aquatic plant or animal, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to these permits.(2)(5) Existing law prohibits the importation or possession of birds, mammals, fish, reptiles, or amphibians unless specified conditions are met, including, among other things, the animals were legally taken and legally possessed outside of this state and the Fish and Game Code and regulations adopted pursuant to that code do not expressly prohibit their possession in this state. Existing law provides that a violation of this code or any regulation adopted under this code is a crime.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 other part or product of specified animals, including leopards, tigers, and elephants. A violation of this provision is punishable by a fine of not less than $1,000, not to exceed $5,000, or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, for each violation.This bill would enact the Iconic African Species Protection Act and would prohibit the possession of the dead body, or a part or product thereof, of specified African species and any part, product, or the dead body or parts thereof, including, but not limited to, the African elephant or the black rhinoceros, by any individual, firm, corporation, association, or partnership within the State of California, except as specified for, among other things, use for educational or scientific purposes by a bona fide educational or scientific institution, as defined.The bill would provide that any person who violates the provisions of the act is subject to a civil penalty of not less than $5,000 or more than $40,000 for each violation. The bill would require that the civil penalties imposed pursuant to the act be deposited in the Fish and Game Preservation Fund. By creating new crimes, the bill would impose a state-mandated local program.(3)(6) Existing law prohibits a person who operates a live animal market from engaging in specified practices, including confining or displaying an animal in a manner that is likely to result in injury. Existing law defines a live animal market as a retail food market where frogs, turtles, and birds other than poultry are stored alive and sold to consumers for purposes of human consumption. Existing law imposes specified fines for a violation of these provisions.This bill would prohibit a person who operates a live animal market from storing or selling an animal that is a known or likely invasive species or that is of a taxa known or likely to be responsible for zoonotic transmission of a disease. disease, as determined by the Fish and Game Commission. The bill would require the Fish and Game Commission to adopt regulations governing the storing and sale of animals for live animal markets. By creating a new crime, this bill would impose a state-mandated local program.By creating a new crime, this bill would impose a state-mandated local program. The bill would extend the statute of limitations for the prosecution of a violation of these prohibitions relating to live animal markets from 1 to 3 years.(4)(7) 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.
(1) Existing law prohibits the importation, transportation, possession, or live release of listed wild animals, except under a revocable, nontransferable permit. Existing law permits the Fish and Game Commission, by regulation, and in cooperation with the Department of Food and Agriculture, to add or delete wild animals from the listed wild animals that are in addition to those listed by statute. Existing law requires the Department of Fish and Wildlife to publish, from time to time as changes arise, a list of animals that may not be imported or transported into this state. Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under this code, is a crime.
This bill would delete the requirement for the department to publish the list and would instead require the department, no later than December 31, 2021, to establish a list of wild animals that may not be imported or transported into this state. The bill would require the department to add and delete wild animals from this list in accordance with specified criteria. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program.
(1)
(2) Existing law requires the Fish and Game Commission, in cooperation with the Department of Food and Agriculture, to adopt regulations governing both (A) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state, and (B) the possession of all other wild animals. Existing law requires the regulations to be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the safety of the public.
This bill would require the Department of Fish and Wildlife to immediately suspend any authorization to import a wild animal species into the state when the evidence suggests zoonotic transmission from this species, or a closely related species, could be responsible for a novel, readily transmissible human disease in order to protect the public health. health and safety, native wildlife, or agricultural interests of the state. The bill would prohibit the department from authorizing the importation of any individual animals of a wild animal species that could be responsible for zoonotic transmission of a readily transmissible human disease until a robust testing protocol is implemented to ensure that all individual animals subject to an authorization are not carriers. The bill would also authorize the department to take additional measures pursuant to its authority related to wild animal species necessary to protect the public health. The bill would require the department, as applicable, to revise the list of animals that may not be imported or transported into this state that the department is required to publish from time to time as changes arise.
(3) Existing law requires the Department of Fish and Wildlife to establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering, implementing, and enforcing provisions of law governing the importation, transportation, and sheltering of restricted live wild animals.
This bill would require the department, at least once every 5 years, to analyze and, as necessary, adjust those fees to meet the requirements of this provision.
(4) Existing law prohibits the importation of a live aquatic plant or animal into this state without the prior written approval of the Department of Fish and Wildlife pursuant to regulations adopted by the Fish and Game Commission, except as specified.
This bill would require the department to adjust the amount of the fees adopted by the commission for importation permits for a live aquatic plant or animal, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to these permits.
(2)
(5) Existing law prohibits the importation or possession of birds, mammals, fish, reptiles, or amphibians unless specified conditions are met, including, among other things, the animals were legally taken and legally possessed outside of this state and the Fish and Game Code and regulations adopted pursuant to that code do not expressly prohibit their possession in this state. Existing law provides that a violation of this code or any regulation adopted under this code is a crime.
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 other part or product of specified animals, including leopards, tigers, and elephants. A violation of this provision is punishable by a fine of not less than $1,000, not to exceed $5,000, or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, for each violation.
This bill would enact the Iconic African Species Protection Act and would prohibit the possession of the dead body, or a part or product thereof, of specified African species and any part, product, or the dead body or parts thereof, including, but not limited to, the African elephant or the black rhinoceros, by any individual, firm, corporation, association, or partnership within the State of California, except as specified for, among other things, use for educational or scientific purposes by a bona fide educational or scientific institution, as defined.
The bill would provide that any person who violates the provisions of the act is subject to a civil penalty of not less than $5,000 or more than $40,000 for each violation. The bill would require that the civil penalties imposed pursuant to the act be deposited in the Fish and Game Preservation Fund. By creating new crimes, the bill would impose a state-mandated local program.
(3)
(6) Existing law prohibits a person who operates a live animal market from engaging in specified practices, including confining or displaying an animal in a manner that is likely to result in injury. Existing law defines a live animal market as a retail food market where frogs, turtles, and birds other than poultry are stored alive and sold to consumers for purposes of human consumption. Existing law imposes specified fines for a violation of these provisions.
This bill would prohibit a person who operates a live animal market from storing or selling an animal that is a known or likely invasive species or that is of a taxa known or likely to be responsible for zoonotic transmission of a disease. disease, as determined by the Fish and Game Commission. The bill would require the Fish and Game Commission to adopt regulations governing the storing and sale of animals for live animal markets. By creating a new crime, this bill would impose a state-mandated local program.
By creating a new crime, this bill would impose a state-mandated local program.
The bill would extend the statute of limitations for the prosecution of a violation of these prohibitions relating to live animal markets from 1 to 3 years.
(4)
(7) 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Infectious diseases cause about one-quarter of human deaths. Of these deaths, almost 60 percent are from zoonotic diseases and over 70 percent of these zoonoses are from wildlife. Trade of wildlife has led to novel zoonotic pathogens that threaten human and animal health, food security and production, and biological diversity with implications for economic stability. Experts, including from the World Health Organization, agree that future human pandemics will likely be caused by wildlife and be zoonotic in nature. In the last 40 years, the worst pandemics were all zoonotic or vector in origin, including the human immunodeficiency virus (HIV), severe acute respiratory syndrome (SARS), avian influenza, swine influenza, Ebola virus, and Zika virus. The three epidemic and pandemic level coronavirus outbreaks in the last two decades (SARS, Middle East Respiratory Syndrome (MERS), and COVID-19) were likely caused by transmission between two animal species followed by transmission to humans with cases initially spreading due to multiple species in close contact with each other and humans simultaneously. Therefore, rapid response to potential carrier species imports and exports will provide additional protection to viral spread.(b) There are existing policies and law laws to protect the states flora and fauna from nonnative and invasive species. Wildlife are usually imported into the state under the authority of a permit issued by the Department of Fish and Wildlife, among others. While that permit may include some form of health certification, it is unclear that the current processes in practice incorporate or identify all likely diseases that represent risks to humans and wildlife. The Veterinary Public Health Section of the State Department of Public Health also issues permits for certain species of wildlife imported into the state. The COVID-19 pandemic highlights the need to review existing practices to ensure that wildlife imported into the state do not present a risk of disease to humans or wildlife.(c) Between 2007 and 2014, Savanna elephant populations declined by 30 percent, between 1993 and 2014, African lion populations are estimated to have declined by 43 percent, and since 1960 the Black rhino population has declined by 97.6 percent. In order to address these diminishing numbers, California must address our contribution toward their imperilment. The goals of these provisions this act are to reduce the demand for new trophies of certain wild animal species, and not to interfere with the possession or sale of existing jewelry or other small personal items containing parts of these species that are otherwise legal.SEC. 2. Section 2119 of the Fish and Game Code is amended to read:2119. (a) (1) The department shall publish from time to time as changes arise, a list of establish a list, no later than December 31, 2021, of wild animals that may not be imported or transported into this state.(2) The department shall add a wild animal to this list if it determines that prohibiting the importation or transportation of the wild animal into the state is necessary to protect public health and safety, native wildlife, or agricultural interests of the state.(3) The department shall remove a wild animal from this list if it determines that prohibiting the importation or transportation of the wild animal into the state is not necessary to protect public health and safety, native wildlife, or agricultural interests of the state.(b) The department may establish the list required by subdivision (a) and any subsequent revision to the list as an emergency regulation. An emergency regulation adopted pursuant to this section shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of the list, and any subsequent required addition of species under the regulation, is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted pursuant to this section by the department shall stay in effect until revised by the department.SEC. 2.SEC. 3. Section 2120 of the Fish and Game Code is amended to read:2120. (a) The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state pursuant to this chapter, and (2) the possession of all other wild animals. The regulations shall be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the health and safety of the public.(b) The regulations shall also include criteria for all of the following:(1) The receiving, processing, and issuing of a permit and conducting inspections.(2) Contracting out inspection activities.(3) Responding to public reports and complaints.(4) The notification of the revocation, termination, or denial of permits, and related appeals.(5) The method by which the department determines that the breeding of wild animals pursuant to a single event breeding permit for exhibitor or a breeding permit is necessary and will not result in unneeded or uncared for animals, and the means by which the criteria will be implemented and enforced.(6) How a responding agency will respond to an escape of a wild animal. This shall include, but not be limited to, the establishment of guidelines for the safe recapture of the wild animal and procedures outlining when lethal force would be used to recapture the wild animal.(c) (1) The In order to protect public health and safety, native wildlife, or agricultural interests of this state, the department shall immediately suspend any existing authorization and not issue any new authorization to import a wild animal species into the state when the evidence suggests zoonotic transmission from this species, or a closely related species, could be responsible for a novel, readily transmissible human disease in order to protect the public health. disease.(2) The department may take additional measures pursuant to its authority under this chapter related to wild animal species necessary to protect the public health. health, native wildlife, or agricultural interests of this state from zoonotic transmission of a readily transmissible human disease.(3) The department shall not authorize importation of any individual animals of a wild animal species that could be responsible for zoonotic transmission of a readily transmissible human disease until a robust testing protocol is implemented to ensure that all individual animals subject to an authorization are not carriers.(4) The department shall adopt and revise the list required pursuant to Section 2119, as applicable.(5) In implementing this subdivision, the department shall consult with the State Department of Public Health, including its Veterinary Public Health Section, the departments Science Institute, as applicable, and other experts to ensure that the implementation is informed by the best available science. Additionally, the department shall coordinate with the State Department of Public Health, including its Veterinary Public Health Section, and other public entities with jurisdiction over wild animals to minimize duplication of regulatory effort and permitting.(6) This subdivision shall not be interpreted to limit the authority of the department described in any other law with respect to wild animal species.SEC. 4. Section 2150.2 of the Fish and Game Code is amended to read:2150.2. The department shall establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering, implementing, and enforcing this chapter. chapter, and shall, consistent with the requirements of Section 713, at least once every five years, analyze and, as necessary, adjust these fees to meet the requirements of this section.SEC. 5. Section 2271 of the Fish and Game Code is amended to read:2271. (a) No A live aquatic plant or animal may shall not be imported into this state without the prior written approval of the department pursuant to regulations adopted by the commission. A written application for the importation, submitted in conformance with the procedural requirements established by the commission, is deemed approved where it has not been denied within 60 days.(b) This section does not apply to the following plants or animals unless the plants or animals are or may be placed in waters of the state:(1) Mollusks.(2) Crustaceans.(3) Ornamental marine or freshwater plants and animals that are not utilized used for human consumption or bait purposes and are maintained in closed systems for personal, pet industry, or hobby purposes.(c) The This section does not apply to any live aquatic plant or animal imported by a registered aquaculturist.(d) The department shall adjust the amount of the fees adopted by the commission pursuant to Section 1050 for importation permits issued pursuant to this section, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to these permits.SEC. 6. Section 2273 is added to the Fish and Game Code, to read:2273. (a) The commission shall adopt regulations governing the storing and sale of animals for live animal markets, as defined in Section 597.3 of the Penal Code.(b) The regulations shall also identify a list of prohibited animals known or likely to be an invasive species or of a taxa known or likely to be responsible for zoonotic transmission of a disease.SEC. 3.SEC. 7. Section 2351 is added to the Fish and Game Code, to read:2351. (a) This section may be known, and may be cited, as the Iconic African Species Protection Act.(b) For the purposes of this section, the following terms have the following meanings:(1) Iconic African species means the dead body, or a part or product thereof, excluding fossils, of any species or subspecies of the following members of the animal kingdom: African elephant (Loxodonta africana and Loxodonta cyclotis), African lion (Panthera leo), leopard (Panthera pardus), black rhinoceros (Diceros bicornis), white rhinoceros (Ceratotherium simum), giraffe (Giraffa camelopardalis), Jentinks duiker (Cephalophus jentinki), plains zebra (Equus quagga), mountain zebra (Equus zebra), hippopotamus (Hippopotamus amphibius), pangolin (order Pholidota of the class Mammalia), baboon (family Cercopithecidae, order Primates of the class Mammalia), and hyaena (family Hyaenidae, order Carnivora of the class Mammalia), this includes any part, product, or the dead body or parts thereof, excluding fossils, whether or not included in a manufactured product or in a food product of any species protected by this part. Mammalia).(2) Article is synonymous with the term iconic African species.(3) Bona fide educational or scientific institution means an institution that establishes through documentation either of the following:(A) Educational or scientific tax exemption, from the federal Internal Revenue Service or the institutions 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 institutions location.(c) Except as provided in subdivision (d), iconic African species shall not be possessed by any individual, firm, corporation, association, or partnership within the State of California. state.(d) Unless such activity is otherwise prohibited by law, one or more of the following exceptions and defenses apply to the prohibition set forth in subdivision (c):(1) The prohibition of subdivision (c) does not apply to an employee or agent of the federal, state, or local government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law.(2) The article is possessed for wholly noncommercial purposes and the owner can demonstrate the article was in the persons possession within this state before January 1, 2021. An owner may demonstrate possession of the article before January 1, 2021, by furnishing documentation that includes, but is not limited to, any of the following:(A) A valid permit for the importation of sport-hunted trophies issued by the United States Fish and Wildlife Service before January 1, 2021.(B) A bill of lading or other valid document regarding the transportation of the article issued before January 1, 2021.(C) A valid appraisal of the article issued before January 1, 2021.(D) Photographic or video evidence showing the article in the owners possession that possesses a date stamp indicating a date before January 1, 2021.(3) The article was lawfully imported pursuant to a permit or exemption under the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.). Within 180 days of importation, any such article shall be removed from within the state and may not be subsequently possessed within the state unless possession of the article is expressly authorized by the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.) or its implementing regulations.(4) The article is for use for educational or scientific purposes by a bona fide educational or scientific institution.(5) In the case of ivory or rhinoceros horn, the article is possessed in conformance with the requirements of Section 2022.(6) The article is distributed directly to a legal beneficiary of a trust or to a legal heir provided the article was possessed by the decedent before the enactment of this section.(e) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five thousand dollars ($5,000) or more than forty thousand dollars ($40,000) for each violation.(f) The Attorney General, or the city attorney of the city or county counsel of the county in which a violation of this section occurs, may bring a civil action to recover the civil penalty described in subdivision (e). The civil action shall be brought in the county in which the violation occurs and any penalty imposed shall be transferred to the Controller for deposit in the Fish and Game Preservation Fund in accordance with Section 13003.(g) For any conviction or other entry of judgment imposed by a court for a violation of this section resulting in a fine, the department may provide court may pay a reward of up to five hundred dollars ($500) from that fine to any person giving information that led to the conviction or other entry of judgment. This reward shall be paid from the Fish and Game Preservation Fund, upon appropriation by the Legislature. This reward shall not apply if the informant is a regular salaried law enforcement officer or an officer or agent of the department.(h) Upon conviction or other entry of judgment for a violation of this section, any seized article shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed.(i) This section does not preclude enforcement under Section 2022 of this code or Sections 653o, 653p, and 653r of the Penal Code.(j) The prohibition against possession of the species listed in paragraph (1) of subdivision (b) is severable. A finding of the invalidity of the prohibition against a species shall not affect the validity of the prohibition against other species.SEC. 4.SEC. 8. Section 597.3 of the Penal Code is amended to read:597.3. (a) Every person who operates a live animal market shall do all of the following:(1) Provide that no animal will be dismembered, flayed, cut open, or have its skin, scales, feathers, or shell removed while the animal is still alive.(2) Provide that no live animals will be confined, held, or displayed in a manner that results, or is likely to result, in injury, starvation, dehydration, or suffocation.(3) Provide that no animal be a known or likely invasive species or of a taxa known or likely to be responsible for zoonotic transmission of a disease. disease, as determined by the Fish and Game Commission pursuant to Section 2273 of the Fish and Game Code.(b) As used in this section:(1) Animal means frogs, turtles, and birds sold for the purpose of human consumption, with the exception of poultry.(2) Live animal market means a retail food market where, in the regular course of business, animals are stored alive and sold to consumers for the purpose of human consumption.(3) Poultry has the same meaning as defined in Section 24657 of the Food and Agricultural Code.(c) Any person who fails to comply with any requirement of subdivision (a) shall, for the first violation, be given a written warning in a written language that is understood by the person receiving the warning. A second or subsequent violation of subdivision (a) shall be an infraction, punishable by a fine of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000). However, a fine paid for a second violation of subdivision (a) shall be deferred for six months if a course is available that is administered by a state or local agency on state law and local ordinances relating to live animal markets. If the defendant successfully completes that course within six months of entry of judgment, the fine shall be waived. The state or local agency may charge the participant a fee to take the course, not to exceed one hundred dollars ($100).(d) (1) Moneys collected from a fine imposed pursuant to this section shall be apportioned pursuant to Section 13003 of the Fish and Game Code.(2) Moneys equivalent to 50 percent of the revenue deposited in the Fish and Game Preservation Fund from fines collected pursuant to this section shall be allocated for the support of the Special Operations Unit of the Department of Fish and Wildlife and used for law enforcement purposes.(e) Notwithstanding Section 802, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.SEC. 5.SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Infectious diseases cause about one-quarter of human deaths. Of these deaths, almost 60 percent are from zoonotic diseases and over 70 percent of these zoonoses are from wildlife. Trade of wildlife has led to novel zoonotic pathogens that threaten human and animal health, food security and production, and biological diversity with implications for economic stability. Experts, including from the World Health Organization, agree that future human pandemics will likely be caused by wildlife and be zoonotic in nature. In the last 40 years, the worst pandemics were all zoonotic or vector in origin, including the human immunodeficiency virus (HIV), severe acute respiratory syndrome (SARS), avian influenza, swine influenza, Ebola virus, and Zika virus. The three epidemic and pandemic level coronavirus outbreaks in the last two decades (SARS, Middle East Respiratory Syndrome (MERS), and COVID-19) were likely caused by transmission between two animal species followed by transmission to humans with cases initially spreading due to multiple species in close contact with each other and humans simultaneously. Therefore, rapid response to potential carrier species imports and exports will provide additional protection to viral spread.(b) There are existing policies and law laws to protect the states flora and fauna from nonnative and invasive species. Wildlife are usually imported into the state under the authority of a permit issued by the Department of Fish and Wildlife, among others. While that permit may include some form of health certification, it is unclear that the current processes in practice incorporate or identify all likely diseases that represent risks to humans and wildlife. The Veterinary Public Health Section of the State Department of Public Health also issues permits for certain species of wildlife imported into the state. The COVID-19 pandemic highlights the need to review existing practices to ensure that wildlife imported into the state do not present a risk of disease to humans or wildlife.(c) Between 2007 and 2014, Savanna elephant populations declined by 30 percent, between 1993 and 2014, African lion populations are estimated to have declined by 43 percent, and since 1960 the Black rhino population has declined by 97.6 percent. In order to address these diminishing numbers, California must address our contribution toward their imperilment. The goals of these provisions this act are to reduce the demand for new trophies of certain wild animal species, and not to interfere with the possession or sale of existing jewelry or other small personal items containing parts of these species that are otherwise legal.
SECTION 1. The Legislature finds and declares all of the following:(a) Infectious diseases cause about one-quarter of human deaths. Of these deaths, almost 60 percent are from zoonotic diseases and over 70 percent of these zoonoses are from wildlife. Trade of wildlife has led to novel zoonotic pathogens that threaten human and animal health, food security and production, and biological diversity with implications for economic stability. Experts, including from the World Health Organization, agree that future human pandemics will likely be caused by wildlife and be zoonotic in nature. In the last 40 years, the worst pandemics were all zoonotic or vector in origin, including the human immunodeficiency virus (HIV), severe acute respiratory syndrome (SARS), avian influenza, swine influenza, Ebola virus, and Zika virus. The three epidemic and pandemic level coronavirus outbreaks in the last two decades (SARS, Middle East Respiratory Syndrome (MERS), and COVID-19) were likely caused by transmission between two animal species followed by transmission to humans with cases initially spreading due to multiple species in close contact with each other and humans simultaneously. Therefore, rapid response to potential carrier species imports and exports will provide additional protection to viral spread.(b) There are existing policies and law laws to protect the states flora and fauna from nonnative and invasive species. Wildlife are usually imported into the state under the authority of a permit issued by the Department of Fish and Wildlife, among others. While that permit may include some form of health certification, it is unclear that the current processes in practice incorporate or identify all likely diseases that represent risks to humans and wildlife. The Veterinary Public Health Section of the State Department of Public Health also issues permits for certain species of wildlife imported into the state. The COVID-19 pandemic highlights the need to review existing practices to ensure that wildlife imported into the state do not present a risk of disease to humans or wildlife.(c) Between 2007 and 2014, Savanna elephant populations declined by 30 percent, between 1993 and 2014, African lion populations are estimated to have declined by 43 percent, and since 1960 the Black rhino population has declined by 97.6 percent. In order to address these diminishing numbers, California must address our contribution toward their imperilment. The goals of these provisions this act are to reduce the demand for new trophies of certain wild animal species, and not to interfere with the possession or sale of existing jewelry or other small personal items containing parts of these species that are otherwise legal.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Infectious diseases cause about one-quarter of human deaths. Of these deaths, almost 60 percent are from zoonotic diseases and over 70 percent of these zoonoses are from wildlife. Trade of wildlife has led to novel zoonotic pathogens that threaten human and animal health, food security and production, and biological diversity with implications for economic stability. Experts, including from the World Health Organization, agree that future human pandemics will likely be caused by wildlife and be zoonotic in nature. In the last 40 years, the worst pandemics were all zoonotic or vector in origin, including the human immunodeficiency virus (HIV), severe acute respiratory syndrome (SARS), avian influenza, swine influenza, Ebola virus, and Zika virus. The three epidemic and pandemic level coronavirus outbreaks in the last two decades (SARS, Middle East Respiratory Syndrome (MERS), and COVID-19) were likely caused by transmission between two animal species followed by transmission to humans with cases initially spreading due to multiple species in close contact with each other and humans simultaneously. Therefore, rapid response to potential carrier species imports and exports will provide additional protection to viral spread.
(b) There are existing policies and law laws to protect the states flora and fauna from nonnative and invasive species. Wildlife are usually imported into the state under the authority of a permit issued by the Department of Fish and Wildlife, among others. While that permit may include some form of health certification, it is unclear that the current processes in practice incorporate or identify all likely diseases that represent risks to humans and wildlife. The Veterinary Public Health Section of the State Department of Public Health also issues permits for certain species of wildlife imported into the state. The COVID-19 pandemic highlights the need to review existing practices to ensure that wildlife imported into the state do not present a risk of disease to humans or wildlife.
(c) Between 2007 and 2014, Savanna elephant populations declined by 30 percent, between 1993 and 2014, African lion populations are estimated to have declined by 43 percent, and since 1960 the Black rhino population has declined by 97.6 percent. In order to address these diminishing numbers, California must address our contribution toward their imperilment. The goals of these provisions this act are to reduce the demand for new trophies of certain wild animal species, and not to interfere with the possession or sale of existing jewelry or other small personal items containing parts of these species that are otherwise legal.
SEC. 2. Section 2119 of the Fish and Game Code is amended to read:2119. (a) (1) The department shall publish from time to time as changes arise, a list of establish a list, no later than December 31, 2021, of wild animals that may not be imported or transported into this state.(2) The department shall add a wild animal to this list if it determines that prohibiting the importation or transportation of the wild animal into the state is necessary to protect public health and safety, native wildlife, or agricultural interests of the state.(3) The department shall remove a wild animal from this list if it determines that prohibiting the importation or transportation of the wild animal into the state is not necessary to protect public health and safety, native wildlife, or agricultural interests of the state.(b) The department may establish the list required by subdivision (a) and any subsequent revision to the list as an emergency regulation. An emergency regulation adopted pursuant to this section shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of the list, and any subsequent required addition of species under the regulation, is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted pursuant to this section by the department shall stay in effect until revised by the department.
SEC. 2. Section 2119 of the Fish and Game Code is amended to read:
### SEC. 2.
2119. (a) (1) The department shall publish from time to time as changes arise, a list of establish a list, no later than December 31, 2021, of wild animals that may not be imported or transported into this state.(2) The department shall add a wild animal to this list if it determines that prohibiting the importation or transportation of the wild animal into the state is necessary to protect public health and safety, native wildlife, or agricultural interests of the state.(3) The department shall remove a wild animal from this list if it determines that prohibiting the importation or transportation of the wild animal into the state is not necessary to protect public health and safety, native wildlife, or agricultural interests of the state.(b) The department may establish the list required by subdivision (a) and any subsequent revision to the list as an emergency regulation. An emergency regulation adopted pursuant to this section shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of the list, and any subsequent required addition of species under the regulation, is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted pursuant to this section by the department shall stay in effect until revised by the department.
2119. (a) (1) The department shall publish from time to time as changes arise, a list of establish a list, no later than December 31, 2021, of wild animals that may not be imported or transported into this state.(2) The department shall add a wild animal to this list if it determines that prohibiting the importation or transportation of the wild animal into the state is necessary to protect public health and safety, native wildlife, or agricultural interests of the state.(3) The department shall remove a wild animal from this list if it determines that prohibiting the importation or transportation of the wild animal into the state is not necessary to protect public health and safety, native wildlife, or agricultural interests of the state.(b) The department may establish the list required by subdivision (a) and any subsequent revision to the list as an emergency regulation. An emergency regulation adopted pursuant to this section shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of the list, and any subsequent required addition of species under the regulation, is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted pursuant to this section by the department shall stay in effect until revised by the department.
2119. (a) (1) The department shall publish from time to time as changes arise, a list of establish a list, no later than December 31, 2021, of wild animals that may not be imported or transported into this state.(2) The department shall add a wild animal to this list if it determines that prohibiting the importation or transportation of the wild animal into the state is necessary to protect public health and safety, native wildlife, or agricultural interests of the state.(3) The department shall remove a wild animal from this list if it determines that prohibiting the importation or transportation of the wild animal into the state is not necessary to protect public health and safety, native wildlife, or agricultural interests of the state.(b) The department may establish the list required by subdivision (a) and any subsequent revision to the list as an emergency regulation. An emergency regulation adopted pursuant to this section shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of the list, and any subsequent required addition of species under the regulation, is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted pursuant to this section by the department shall stay in effect until revised by the department.
2119. (a) (1) The department shall publish from time to time as changes arise, a list of establish a list, no later than December 31, 2021, of wild animals that may not be imported or transported into this state.
(2) The department shall add a wild animal to this list if it determines that prohibiting the importation or transportation of the wild animal into the state is necessary to protect public health and safety, native wildlife, or agricultural interests of the state.
(3) The department shall remove a wild animal from this list if it determines that prohibiting the importation or transportation of the wild animal into the state is not necessary to protect public health and safety, native wildlife, or agricultural interests of the state.
(b) The department may establish the list required by subdivision (a) and any subsequent revision to the list as an emergency regulation. An emergency regulation adopted pursuant to this section shall be adopted by the department in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The initial adoption of the list, and any subsequent required addition of species under the regulation, is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted pursuant to this section by the department shall stay in effect until revised by the department.
SEC. 2.SEC. 3. Section 2120 of the Fish and Game Code is amended to read:2120. (a) The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state pursuant to this chapter, and (2) the possession of all other wild animals. The regulations shall be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the health and safety of the public.(b) The regulations shall also include criteria for all of the following:(1) The receiving, processing, and issuing of a permit and conducting inspections.(2) Contracting out inspection activities.(3) Responding to public reports and complaints.(4) The notification of the revocation, termination, or denial of permits, and related appeals.(5) The method by which the department determines that the breeding of wild animals pursuant to a single event breeding permit for exhibitor or a breeding permit is necessary and will not result in unneeded or uncared for animals, and the means by which the criteria will be implemented and enforced.(6) How a responding agency will respond to an escape of a wild animal. This shall include, but not be limited to, the establishment of guidelines for the safe recapture of the wild animal and procedures outlining when lethal force would be used to recapture the wild animal.(c) (1) The In order to protect public health and safety, native wildlife, or agricultural interests of this state, the department shall immediately suspend any existing authorization and not issue any new authorization to import a wild animal species into the state when the evidence suggests zoonotic transmission from this species, or a closely related species, could be responsible for a novel, readily transmissible human disease in order to protect the public health. disease.(2) The department may take additional measures pursuant to its authority under this chapter related to wild animal species necessary to protect the public health. health, native wildlife, or agricultural interests of this state from zoonotic transmission of a readily transmissible human disease.(3) The department shall not authorize importation of any individual animals of a wild animal species that could be responsible for zoonotic transmission of a readily transmissible human disease until a robust testing protocol is implemented to ensure that all individual animals subject to an authorization are not carriers.(4) The department shall adopt and revise the list required pursuant to Section 2119, as applicable.(5) In implementing this subdivision, the department shall consult with the State Department of Public Health, including its Veterinary Public Health Section, the departments Science Institute, as applicable, and other experts to ensure that the implementation is informed by the best available science. Additionally, the department shall coordinate with the State Department of Public Health, including its Veterinary Public Health Section, and other public entities with jurisdiction over wild animals to minimize duplication of regulatory effort and permitting.(6) This subdivision shall not be interpreted to limit the authority of the department described in any other law with respect to wild animal species.
SEC. 2.SEC. 3. Section 2120 of the Fish and Game Code is amended to read:
### SEC. 2.SEC. 3.
2120. (a) The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state pursuant to this chapter, and (2) the possession of all other wild animals. The regulations shall be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the health and safety of the public.(b) The regulations shall also include criteria for all of the following:(1) The receiving, processing, and issuing of a permit and conducting inspections.(2) Contracting out inspection activities.(3) Responding to public reports and complaints.(4) The notification of the revocation, termination, or denial of permits, and related appeals.(5) The method by which the department determines that the breeding of wild animals pursuant to a single event breeding permit for exhibitor or a breeding permit is necessary and will not result in unneeded or uncared for animals, and the means by which the criteria will be implemented and enforced.(6) How a responding agency will respond to an escape of a wild animal. This shall include, but not be limited to, the establishment of guidelines for the safe recapture of the wild animal and procedures outlining when lethal force would be used to recapture the wild animal.(c) (1) The In order to protect public health and safety, native wildlife, or agricultural interests of this state, the department shall immediately suspend any existing authorization and not issue any new authorization to import a wild animal species into the state when the evidence suggests zoonotic transmission from this species, or a closely related species, could be responsible for a novel, readily transmissible human disease in order to protect the public health. disease.(2) The department may take additional measures pursuant to its authority under this chapter related to wild animal species necessary to protect the public health. health, native wildlife, or agricultural interests of this state from zoonotic transmission of a readily transmissible human disease.(3) The department shall not authorize importation of any individual animals of a wild animal species that could be responsible for zoonotic transmission of a readily transmissible human disease until a robust testing protocol is implemented to ensure that all individual animals subject to an authorization are not carriers.(4) The department shall adopt and revise the list required pursuant to Section 2119, as applicable.(5) In implementing this subdivision, the department shall consult with the State Department of Public Health, including its Veterinary Public Health Section, the departments Science Institute, as applicable, and other experts to ensure that the implementation is informed by the best available science. Additionally, the department shall coordinate with the State Department of Public Health, including its Veterinary Public Health Section, and other public entities with jurisdiction over wild animals to minimize duplication of regulatory effort and permitting.(6) This subdivision shall not be interpreted to limit the authority of the department described in any other law with respect to wild animal species.
2120. (a) The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state pursuant to this chapter, and (2) the possession of all other wild animals. The regulations shall be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the health and safety of the public.(b) The regulations shall also include criteria for all of the following:(1) The receiving, processing, and issuing of a permit and conducting inspections.(2) Contracting out inspection activities.(3) Responding to public reports and complaints.(4) The notification of the revocation, termination, or denial of permits, and related appeals.(5) The method by which the department determines that the breeding of wild animals pursuant to a single event breeding permit for exhibitor or a breeding permit is necessary and will not result in unneeded or uncared for animals, and the means by which the criteria will be implemented and enforced.(6) How a responding agency will respond to an escape of a wild animal. This shall include, but not be limited to, the establishment of guidelines for the safe recapture of the wild animal and procedures outlining when lethal force would be used to recapture the wild animal.(c) (1) The In order to protect public health and safety, native wildlife, or agricultural interests of this state, the department shall immediately suspend any existing authorization and not issue any new authorization to import a wild animal species into the state when the evidence suggests zoonotic transmission from this species, or a closely related species, could be responsible for a novel, readily transmissible human disease in order to protect the public health. disease.(2) The department may take additional measures pursuant to its authority under this chapter related to wild animal species necessary to protect the public health. health, native wildlife, or agricultural interests of this state from zoonotic transmission of a readily transmissible human disease.(3) The department shall not authorize importation of any individual animals of a wild animal species that could be responsible for zoonotic transmission of a readily transmissible human disease until a robust testing protocol is implemented to ensure that all individual animals subject to an authorization are not carriers.(4) The department shall adopt and revise the list required pursuant to Section 2119, as applicable.(5) In implementing this subdivision, the department shall consult with the State Department of Public Health, including its Veterinary Public Health Section, the departments Science Institute, as applicable, and other experts to ensure that the implementation is informed by the best available science. Additionally, the department shall coordinate with the State Department of Public Health, including its Veterinary Public Health Section, and other public entities with jurisdiction over wild animals to minimize duplication of regulatory effort and permitting.(6) This subdivision shall not be interpreted to limit the authority of the department described in any other law with respect to wild animal species.
2120. (a) The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state pursuant to this chapter, and (2) the possession of all other wild animals. The regulations shall be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the health and safety of the public.(b) The regulations shall also include criteria for all of the following:(1) The receiving, processing, and issuing of a permit and conducting inspections.(2) Contracting out inspection activities.(3) Responding to public reports and complaints.(4) The notification of the revocation, termination, or denial of permits, and related appeals.(5) The method by which the department determines that the breeding of wild animals pursuant to a single event breeding permit for exhibitor or a breeding permit is necessary and will not result in unneeded or uncared for animals, and the means by which the criteria will be implemented and enforced.(6) How a responding agency will respond to an escape of a wild animal. This shall include, but not be limited to, the establishment of guidelines for the safe recapture of the wild animal and procedures outlining when lethal force would be used to recapture the wild animal.(c) (1) The In order to protect public health and safety, native wildlife, or agricultural interests of this state, the department shall immediately suspend any existing authorization and not issue any new authorization to import a wild animal species into the state when the evidence suggests zoonotic transmission from this species, or a closely related species, could be responsible for a novel, readily transmissible human disease in order to protect the public health. disease.(2) The department may take additional measures pursuant to its authority under this chapter related to wild animal species necessary to protect the public health. health, native wildlife, or agricultural interests of this state from zoonotic transmission of a readily transmissible human disease.(3) The department shall not authorize importation of any individual animals of a wild animal species that could be responsible for zoonotic transmission of a readily transmissible human disease until a robust testing protocol is implemented to ensure that all individual animals subject to an authorization are not carriers.(4) The department shall adopt and revise the list required pursuant to Section 2119, as applicable.(5) In implementing this subdivision, the department shall consult with the State Department of Public Health, including its Veterinary Public Health Section, the departments Science Institute, as applicable, and other experts to ensure that the implementation is informed by the best available science. Additionally, the department shall coordinate with the State Department of Public Health, including its Veterinary Public Health Section, and other public entities with jurisdiction over wild animals to minimize duplication of regulatory effort and permitting.(6) This subdivision shall not be interpreted to limit the authority of the department described in any other law with respect to wild animal species.
2120. (a) The commission, in cooperation with the Department of Food and Agriculture, shall adopt regulations governing both (1) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state pursuant to this chapter, and (2) the possession of all other wild animals. The regulations shall be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the health and safety of the public.
(b) The regulations shall also include criteria for all of the following:
(1) The receiving, processing, and issuing of a permit and conducting inspections.
(2) Contracting out inspection activities.
(3) Responding to public reports and complaints.
(4) The notification of the revocation, termination, or denial of permits, and related appeals.
(5) The method by which the department determines that the breeding of wild animals pursuant to a single event breeding permit for exhibitor or a breeding permit is necessary and will not result in unneeded or uncared for animals, and the means by which the criteria will be implemented and enforced.
(6) How a responding agency will respond to an escape of a wild animal. This shall include, but not be limited to, the establishment of guidelines for the safe recapture of the wild animal and procedures outlining when lethal force would be used to recapture the wild animal.
(c) (1) The In order to protect public health and safety, native wildlife, or agricultural interests of this state, the department shall immediately suspend any existing authorization and not issue any new authorization to import a wild animal species into the state when the evidence suggests zoonotic transmission from this species, or a closely related species, could be responsible for a novel, readily transmissible human disease in order to protect the public health. disease.
(2) The department may take additional measures pursuant to its authority under this chapter related to wild animal species necessary to protect the public health. health, native wildlife, or agricultural interests of this state from zoonotic transmission of a readily transmissible human disease.
(3) The department shall not authorize importation of any individual animals of a wild animal species that could be responsible for zoonotic transmission of a readily transmissible human disease until a robust testing protocol is implemented to ensure that all individual animals subject to an authorization are not carriers.
(4) The department shall adopt and revise the list required pursuant to Section 2119, as applicable.
(5) In implementing this subdivision, the department shall consult with the State Department of Public Health, including its Veterinary Public Health Section, the departments Science Institute, as applicable, and other experts to ensure that the implementation is informed by the best available science. Additionally, the department shall coordinate with the State Department of Public Health, including its Veterinary Public Health Section, and other public entities with jurisdiction over wild animals to minimize duplication of regulatory effort and permitting.
(6) This subdivision shall not be interpreted to limit the authority of the department described in any other law with respect to wild animal species.
SEC. 4. Section 2150.2 of the Fish and Game Code is amended to read:2150.2. The department shall establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering, implementing, and enforcing this chapter. chapter, and shall, consistent with the requirements of Section 713, at least once every five years, analyze and, as necessary, adjust these fees to meet the requirements of this section.
SEC. 4. Section 2150.2 of the Fish and Game Code is amended to read:
### SEC. 4.
2150.2. The department shall establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering, implementing, and enforcing this chapter. chapter, and shall, consistent with the requirements of Section 713, at least once every five years, analyze and, as necessary, adjust these fees to meet the requirements of this section.
2150.2. The department shall establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering, implementing, and enforcing this chapter. chapter, and shall, consistent with the requirements of Section 713, at least once every five years, analyze and, as necessary, adjust these fees to meet the requirements of this section.
2150.2. The department shall establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering, implementing, and enforcing this chapter. chapter, and shall, consistent with the requirements of Section 713, at least once every five years, analyze and, as necessary, adjust these fees to meet the requirements of this section.
2150.2. The department shall establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering, implementing, and enforcing this chapter. chapter, and shall, consistent with the requirements of Section 713, at least once every five years, analyze and, as necessary, adjust these fees to meet the requirements of this section.
SEC. 5. Section 2271 of the Fish and Game Code is amended to read:2271. (a) No A live aquatic plant or animal may shall not be imported into this state without the prior written approval of the department pursuant to regulations adopted by the commission. A written application for the importation, submitted in conformance with the procedural requirements established by the commission, is deemed approved where it has not been denied within 60 days.(b) This section does not apply to the following plants or animals unless the plants or animals are or may be placed in waters of the state:(1) Mollusks.(2) Crustaceans.(3) Ornamental marine or freshwater plants and animals that are not utilized used for human consumption or bait purposes and are maintained in closed systems for personal, pet industry, or hobby purposes.(c) The This section does not apply to any live aquatic plant or animal imported by a registered aquaculturist.(d) The department shall adjust the amount of the fees adopted by the commission pursuant to Section 1050 for importation permits issued pursuant to this section, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to these permits.
SEC. 5. Section 2271 of the Fish and Game Code is amended to read:
### SEC. 5.
2271. (a) No A live aquatic plant or animal may shall not be imported into this state without the prior written approval of the department pursuant to regulations adopted by the commission. A written application for the importation, submitted in conformance with the procedural requirements established by the commission, is deemed approved where it has not been denied within 60 days.(b) This section does not apply to the following plants or animals unless the plants or animals are or may be placed in waters of the state:(1) Mollusks.(2) Crustaceans.(3) Ornamental marine or freshwater plants and animals that are not utilized used for human consumption or bait purposes and are maintained in closed systems for personal, pet industry, or hobby purposes.(c) The This section does not apply to any live aquatic plant or animal imported by a registered aquaculturist.(d) The department shall adjust the amount of the fees adopted by the commission pursuant to Section 1050 for importation permits issued pursuant to this section, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to these permits.
2271. (a) No A live aquatic plant or animal may shall not be imported into this state without the prior written approval of the department pursuant to regulations adopted by the commission. A written application for the importation, submitted in conformance with the procedural requirements established by the commission, is deemed approved where it has not been denied within 60 days.(b) This section does not apply to the following plants or animals unless the plants or animals are or may be placed in waters of the state:(1) Mollusks.(2) Crustaceans.(3) Ornamental marine or freshwater plants and animals that are not utilized used for human consumption or bait purposes and are maintained in closed systems for personal, pet industry, or hobby purposes.(c) The This section does not apply to any live aquatic plant or animal imported by a registered aquaculturist.(d) The department shall adjust the amount of the fees adopted by the commission pursuant to Section 1050 for importation permits issued pursuant to this section, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to these permits.
2271. (a) No A live aquatic plant or animal may shall not be imported into this state without the prior written approval of the department pursuant to regulations adopted by the commission. A written application for the importation, submitted in conformance with the procedural requirements established by the commission, is deemed approved where it has not been denied within 60 days.(b) This section does not apply to the following plants or animals unless the plants or animals are or may be placed in waters of the state:(1) Mollusks.(2) Crustaceans.(3) Ornamental marine or freshwater plants and animals that are not utilized used for human consumption or bait purposes and are maintained in closed systems for personal, pet industry, or hobby purposes.(c) The This section does not apply to any live aquatic plant or animal imported by a registered aquaculturist.(d) The department shall adjust the amount of the fees adopted by the commission pursuant to Section 1050 for importation permits issued pursuant to this section, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to these permits.
2271. (a) No A live aquatic plant or animal may shall not be imported into this state without the prior written approval of the department pursuant to regulations adopted by the commission. A written application for the importation, submitted in conformance with the procedural requirements established by the commission, is deemed approved where it has not been denied within 60 days.
(b) This section does not apply to the following plants or animals unless the plants or animals are or may be placed in waters of the state:
(1) Mollusks.
(2) Crustaceans.
(3) Ornamental marine or freshwater plants and animals that are not utilized used for human consumption or bait purposes and are maintained in closed systems for personal, pet industry, or hobby purposes.
(c) The This section does not apply to any live aquatic plant or animal imported by a registered aquaculturist.
(d) The department shall adjust the amount of the fees adopted by the commission pursuant to Section 1050 for importation permits issued pursuant to this section, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to these permits.
SEC. 6. Section 2273 is added to the Fish and Game Code, to read:2273. (a) The commission shall adopt regulations governing the storing and sale of animals for live animal markets, as defined in Section 597.3 of the Penal Code.(b) The regulations shall also identify a list of prohibited animals known or likely to be an invasive species or of a taxa known or likely to be responsible for zoonotic transmission of a disease.
SEC. 6. Section 2273 is added to the Fish and Game Code, to read:
### SEC. 6.
2273. (a) The commission shall adopt regulations governing the storing and sale of animals for live animal markets, as defined in Section 597.3 of the Penal Code.(b) The regulations shall also identify a list of prohibited animals known or likely to be an invasive species or of a taxa known or likely to be responsible for zoonotic transmission of a disease.
2273. (a) The commission shall adopt regulations governing the storing and sale of animals for live animal markets, as defined in Section 597.3 of the Penal Code.(b) The regulations shall also identify a list of prohibited animals known or likely to be an invasive species or of a taxa known or likely to be responsible for zoonotic transmission of a disease.
2273. (a) The commission shall adopt regulations governing the storing and sale of animals for live animal markets, as defined in Section 597.3 of the Penal Code.(b) The regulations shall also identify a list of prohibited animals known or likely to be an invasive species or of a taxa known or likely to be responsible for zoonotic transmission of a disease.
2273. (a) The commission shall adopt regulations governing the storing and sale of animals for live animal markets, as defined in Section 597.3 of the Penal Code.
(b) The regulations shall also identify a list of prohibited animals known or likely to be an invasive species or of a taxa known or likely to be responsible for zoonotic transmission of a disease.
SEC. 3.SEC. 7. Section 2351 is added to the Fish and Game Code, to read:2351. (a) This section may be known, and may be cited, as the Iconic African Species Protection Act.(b) For the purposes of this section, the following terms have the following meanings:(1) Iconic African species means the dead body, or a part or product thereof, excluding fossils, of any species or subspecies of the following members of the animal kingdom: African elephant (Loxodonta africana and Loxodonta cyclotis), African lion (Panthera leo), leopard (Panthera pardus), black rhinoceros (Diceros bicornis), white rhinoceros (Ceratotherium simum), giraffe (Giraffa camelopardalis), Jentinks duiker (Cephalophus jentinki), plains zebra (Equus quagga), mountain zebra (Equus zebra), hippopotamus (Hippopotamus amphibius), pangolin (order Pholidota of the class Mammalia), baboon (family Cercopithecidae, order Primates of the class Mammalia), and hyaena (family Hyaenidae, order Carnivora of the class Mammalia), this includes any part, product, or the dead body or parts thereof, excluding fossils, whether or not included in a manufactured product or in a food product of any species protected by this part. Mammalia).(2) Article is synonymous with the term iconic African species.(3) Bona fide educational or scientific institution means an institution that establishes through documentation either of the following:(A) Educational or scientific tax exemption, from the federal Internal Revenue Service or the institutions 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 institutions location.(c) Except as provided in subdivision (d), iconic African species shall not be possessed by any individual, firm, corporation, association, or partnership within the State of California. state.(d) Unless such activity is otherwise prohibited by law, one or more of the following exceptions and defenses apply to the prohibition set forth in subdivision (c):(1) The prohibition of subdivision (c) does not apply to an employee or agent of the federal, state, or local government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law.(2) The article is possessed for wholly noncommercial purposes and the owner can demonstrate the article was in the persons possession within this state before January 1, 2021. An owner may demonstrate possession of the article before January 1, 2021, by furnishing documentation that includes, but is not limited to, any of the following:(A) A valid permit for the importation of sport-hunted trophies issued by the United States Fish and Wildlife Service before January 1, 2021.(B) A bill of lading or other valid document regarding the transportation of the article issued before January 1, 2021.(C) A valid appraisal of the article issued before January 1, 2021.(D) Photographic or video evidence showing the article in the owners possession that possesses a date stamp indicating a date before January 1, 2021.(3) The article was lawfully imported pursuant to a permit or exemption under the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.). Within 180 days of importation, any such article shall be removed from within the state and may not be subsequently possessed within the state unless possession of the article is expressly authorized by the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.) or its implementing regulations.(4) The article is for use for educational or scientific purposes by a bona fide educational or scientific institution.(5) In the case of ivory or rhinoceros horn, the article is possessed in conformance with the requirements of Section 2022.(6) The article is distributed directly to a legal beneficiary of a trust or to a legal heir provided the article was possessed by the decedent before the enactment of this section.(e) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five thousand dollars ($5,000) or more than forty thousand dollars ($40,000) for each violation.(f) The Attorney General, or the city attorney of the city or county counsel of the county in which a violation of this section occurs, may bring a civil action to recover the civil penalty described in subdivision (e). The civil action shall be brought in the county in which the violation occurs and any penalty imposed shall be transferred to the Controller for deposit in the Fish and Game Preservation Fund in accordance with Section 13003.(g) For any conviction or other entry of judgment imposed by a court for a violation of this section resulting in a fine, the department may provide court may pay a reward of up to five hundred dollars ($500) from that fine to any person giving information that led to the conviction or other entry of judgment. This reward shall be paid from the Fish and Game Preservation Fund, upon appropriation by the Legislature. This reward shall not apply if the informant is a regular salaried law enforcement officer or an officer or agent of the department.(h) Upon conviction or other entry of judgment for a violation of this section, any seized article shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed.(i) This section does not preclude enforcement under Section 2022 of this code or Sections 653o, 653p, and 653r of the Penal Code.(j) The prohibition against possession of the species listed in paragraph (1) of subdivision (b) is severable. A finding of the invalidity of the prohibition against a species shall not affect the validity of the prohibition against other species.
SEC. 3.SEC. 7. Section 2351 is added to the Fish and Game Code, to read:
### SEC. 3.SEC. 7.
2351. (a) This section may be known, and may be cited, as the Iconic African Species Protection Act.(b) For the purposes of this section, the following terms have the following meanings:(1) Iconic African species means the dead body, or a part or product thereof, excluding fossils, of any species or subspecies of the following members of the animal kingdom: African elephant (Loxodonta africana and Loxodonta cyclotis), African lion (Panthera leo), leopard (Panthera pardus), black rhinoceros (Diceros bicornis), white rhinoceros (Ceratotherium simum), giraffe (Giraffa camelopardalis), Jentinks duiker (Cephalophus jentinki), plains zebra (Equus quagga), mountain zebra (Equus zebra), hippopotamus (Hippopotamus amphibius), pangolin (order Pholidota of the class Mammalia), baboon (family Cercopithecidae, order Primates of the class Mammalia), and hyaena (family Hyaenidae, order Carnivora of the class Mammalia), this includes any part, product, or the dead body or parts thereof, excluding fossils, whether or not included in a manufactured product or in a food product of any species protected by this part. Mammalia).(2) Article is synonymous with the term iconic African species.(3) Bona fide educational or scientific institution means an institution that establishes through documentation either of the following:(A) Educational or scientific tax exemption, from the federal Internal Revenue Service or the institutions 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 institutions location.(c) Except as provided in subdivision (d), iconic African species shall not be possessed by any individual, firm, corporation, association, or partnership within the State of California. state.(d) Unless such activity is otherwise prohibited by law, one or more of the following exceptions and defenses apply to the prohibition set forth in subdivision (c):(1) The prohibition of subdivision (c) does not apply to an employee or agent of the federal, state, or local government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law.(2) The article is possessed for wholly noncommercial purposes and the owner can demonstrate the article was in the persons possession within this state before January 1, 2021. An owner may demonstrate possession of the article before January 1, 2021, by furnishing documentation that includes, but is not limited to, any of the following:(A) A valid permit for the importation of sport-hunted trophies issued by the United States Fish and Wildlife Service before January 1, 2021.(B) A bill of lading or other valid document regarding the transportation of the article issued before January 1, 2021.(C) A valid appraisal of the article issued before January 1, 2021.(D) Photographic or video evidence showing the article in the owners possession that possesses a date stamp indicating a date before January 1, 2021.(3) The article was lawfully imported pursuant to a permit or exemption under the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.). Within 180 days of importation, any such article shall be removed from within the state and may not be subsequently possessed within the state unless possession of the article is expressly authorized by the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.) or its implementing regulations.(4) The article is for use for educational or scientific purposes by a bona fide educational or scientific institution.(5) In the case of ivory or rhinoceros horn, the article is possessed in conformance with the requirements of Section 2022.(6) The article is distributed directly to a legal beneficiary of a trust or to a legal heir provided the article was possessed by the decedent before the enactment of this section.(e) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five thousand dollars ($5,000) or more than forty thousand dollars ($40,000) for each violation.(f) The Attorney General, or the city attorney of the city or county counsel of the county in which a violation of this section occurs, may bring a civil action to recover the civil penalty described in subdivision (e). The civil action shall be brought in the county in which the violation occurs and any penalty imposed shall be transferred to the Controller for deposit in the Fish and Game Preservation Fund in accordance with Section 13003.(g) For any conviction or other entry of judgment imposed by a court for a violation of this section resulting in a fine, the department may provide court may pay a reward of up to five hundred dollars ($500) from that fine to any person giving information that led to the conviction or other entry of judgment. This reward shall be paid from the Fish and Game Preservation Fund, upon appropriation by the Legislature. This reward shall not apply if the informant is a regular salaried law enforcement officer or an officer or agent of the department.(h) Upon conviction or other entry of judgment for a violation of this section, any seized article shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed.(i) This section does not preclude enforcement under Section 2022 of this code or Sections 653o, 653p, and 653r of the Penal Code.(j) The prohibition against possession of the species listed in paragraph (1) of subdivision (b) is severable. A finding of the invalidity of the prohibition against a species shall not affect the validity of the prohibition against other species.
2351. (a) This section may be known, and may be cited, as the Iconic African Species Protection Act.(b) For the purposes of this section, the following terms have the following meanings:(1) Iconic African species means the dead body, or a part or product thereof, excluding fossils, of any species or subspecies of the following members of the animal kingdom: African elephant (Loxodonta africana and Loxodonta cyclotis), African lion (Panthera leo), leopard (Panthera pardus), black rhinoceros (Diceros bicornis), white rhinoceros (Ceratotherium simum), giraffe (Giraffa camelopardalis), Jentinks duiker (Cephalophus jentinki), plains zebra (Equus quagga), mountain zebra (Equus zebra), hippopotamus (Hippopotamus amphibius), pangolin (order Pholidota of the class Mammalia), baboon (family Cercopithecidae, order Primates of the class Mammalia), and hyaena (family Hyaenidae, order Carnivora of the class Mammalia), this includes any part, product, or the dead body or parts thereof, excluding fossils, whether or not included in a manufactured product or in a food product of any species protected by this part. Mammalia).(2) Article is synonymous with the term iconic African species.(3) Bona fide educational or scientific institution means an institution that establishes through documentation either of the following:(A) Educational or scientific tax exemption, from the federal Internal Revenue Service or the institutions 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 institutions location.(c) Except as provided in subdivision (d), iconic African species shall not be possessed by any individual, firm, corporation, association, or partnership within the State of California. state.(d) Unless such activity is otherwise prohibited by law, one or more of the following exceptions and defenses apply to the prohibition set forth in subdivision (c):(1) The prohibition of subdivision (c) does not apply to an employee or agent of the federal, state, or local government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law.(2) The article is possessed for wholly noncommercial purposes and the owner can demonstrate the article was in the persons possession within this state before January 1, 2021. An owner may demonstrate possession of the article before January 1, 2021, by furnishing documentation that includes, but is not limited to, any of the following:(A) A valid permit for the importation of sport-hunted trophies issued by the United States Fish and Wildlife Service before January 1, 2021.(B) A bill of lading or other valid document regarding the transportation of the article issued before January 1, 2021.(C) A valid appraisal of the article issued before January 1, 2021.(D) Photographic or video evidence showing the article in the owners possession that possesses a date stamp indicating a date before January 1, 2021.(3) The article was lawfully imported pursuant to a permit or exemption under the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.). Within 180 days of importation, any such article shall be removed from within the state and may not be subsequently possessed within the state unless possession of the article is expressly authorized by the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.) or its implementing regulations.(4) The article is for use for educational or scientific purposes by a bona fide educational or scientific institution.(5) In the case of ivory or rhinoceros horn, the article is possessed in conformance with the requirements of Section 2022.(6) The article is distributed directly to a legal beneficiary of a trust or to a legal heir provided the article was possessed by the decedent before the enactment of this section.(e) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five thousand dollars ($5,000) or more than forty thousand dollars ($40,000) for each violation.(f) The Attorney General, or the city attorney of the city or county counsel of the county in which a violation of this section occurs, may bring a civil action to recover the civil penalty described in subdivision (e). The civil action shall be brought in the county in which the violation occurs and any penalty imposed shall be transferred to the Controller for deposit in the Fish and Game Preservation Fund in accordance with Section 13003.(g) For any conviction or other entry of judgment imposed by a court for a violation of this section resulting in a fine, the department may provide court may pay a reward of up to five hundred dollars ($500) from that fine to any person giving information that led to the conviction or other entry of judgment. This reward shall be paid from the Fish and Game Preservation Fund, upon appropriation by the Legislature. This reward shall not apply if the informant is a regular salaried law enforcement officer or an officer or agent of the department.(h) Upon conviction or other entry of judgment for a violation of this section, any seized article shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed.(i) This section does not preclude enforcement under Section 2022 of this code or Sections 653o, 653p, and 653r of the Penal Code.(j) The prohibition against possession of the species listed in paragraph (1) of subdivision (b) is severable. A finding of the invalidity of the prohibition against a species shall not affect the validity of the prohibition against other species.
2351. (a) This section may be known, and may be cited, as the Iconic African Species Protection Act.(b) For the purposes of this section, the following terms have the following meanings:(1) Iconic African species means the dead body, or a part or product thereof, excluding fossils, of any species or subspecies of the following members of the animal kingdom: African elephant (Loxodonta africana and Loxodonta cyclotis), African lion (Panthera leo), leopard (Panthera pardus), black rhinoceros (Diceros bicornis), white rhinoceros (Ceratotherium simum), giraffe (Giraffa camelopardalis), Jentinks duiker (Cephalophus jentinki), plains zebra (Equus quagga), mountain zebra (Equus zebra), hippopotamus (Hippopotamus amphibius), pangolin (order Pholidota of the class Mammalia), baboon (family Cercopithecidae, order Primates of the class Mammalia), and hyaena (family Hyaenidae, order Carnivora of the class Mammalia), this includes any part, product, or the dead body or parts thereof, excluding fossils, whether or not included in a manufactured product or in a food product of any species protected by this part. Mammalia).(2) Article is synonymous with the term iconic African species.(3) Bona fide educational or scientific institution means an institution that establishes through documentation either of the following:(A) Educational or scientific tax exemption, from the federal Internal Revenue Service or the institutions 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 institutions location.(c) Except as provided in subdivision (d), iconic African species shall not be possessed by any individual, firm, corporation, association, or partnership within the State of California. state.(d) Unless such activity is otherwise prohibited by law, one or more of the following exceptions and defenses apply to the prohibition set forth in subdivision (c):(1) The prohibition of subdivision (c) does not apply to an employee or agent of the federal, state, or local government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law.(2) The article is possessed for wholly noncommercial purposes and the owner can demonstrate the article was in the persons possession within this state before January 1, 2021. An owner may demonstrate possession of the article before January 1, 2021, by furnishing documentation that includes, but is not limited to, any of the following:(A) A valid permit for the importation of sport-hunted trophies issued by the United States Fish and Wildlife Service before January 1, 2021.(B) A bill of lading or other valid document regarding the transportation of the article issued before January 1, 2021.(C) A valid appraisal of the article issued before January 1, 2021.(D) Photographic or video evidence showing the article in the owners possession that possesses a date stamp indicating a date before January 1, 2021.(3) The article was lawfully imported pursuant to a permit or exemption under the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.). Within 180 days of importation, any such article shall be removed from within the state and may not be subsequently possessed within the state unless possession of the article is expressly authorized by the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.) or its implementing regulations.(4) The article is for use for educational or scientific purposes by a bona fide educational or scientific institution.(5) In the case of ivory or rhinoceros horn, the article is possessed in conformance with the requirements of Section 2022.(6) The article is distributed directly to a legal beneficiary of a trust or to a legal heir provided the article was possessed by the decedent before the enactment of this section.(e) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five thousand dollars ($5,000) or more than forty thousand dollars ($40,000) for each violation.(f) The Attorney General, or the city attorney of the city or county counsel of the county in which a violation of this section occurs, may bring a civil action to recover the civil penalty described in subdivision (e). The civil action shall be brought in the county in which the violation occurs and any penalty imposed shall be transferred to the Controller for deposit in the Fish and Game Preservation Fund in accordance with Section 13003.(g) For any conviction or other entry of judgment imposed by a court for a violation of this section resulting in a fine, the department may provide court may pay a reward of up to five hundred dollars ($500) from that fine to any person giving information that led to the conviction or other entry of judgment. This reward shall be paid from the Fish and Game Preservation Fund, upon appropriation by the Legislature. This reward shall not apply if the informant is a regular salaried law enforcement officer or an officer or agent of the department.(h) Upon conviction or other entry of judgment for a violation of this section, any seized article shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed.(i) This section does not preclude enforcement under Section 2022 of this code or Sections 653o, 653p, and 653r of the Penal Code.(j) The prohibition against possession of the species listed in paragraph (1) of subdivision (b) is severable. A finding of the invalidity of the prohibition against a species shall not affect the validity of the prohibition against other species.
2351. (a) This section may be known, and may be cited, as the Iconic African Species Protection Act.
(b) For the purposes of this section, the following terms have the following meanings:
(1) Iconic African species means the dead body, or a part or product thereof, excluding fossils, of any species or subspecies of the following members of the animal kingdom: African elephant (Loxodonta africana and Loxodonta cyclotis), African lion (Panthera leo), leopard (Panthera pardus), black rhinoceros (Diceros bicornis), white rhinoceros (Ceratotherium simum), giraffe (Giraffa camelopardalis), Jentinks duiker (Cephalophus jentinki), plains zebra (Equus quagga), mountain zebra (Equus zebra), hippopotamus (Hippopotamus amphibius), pangolin (order Pholidota of the class Mammalia), baboon (family Cercopithecidae, order Primates of the class Mammalia), and hyaena (family Hyaenidae, order Carnivora of the class Mammalia), this includes any part, product, or the dead body or parts thereof, excluding fossils, whether or not included in a manufactured product or in a food product of any species protected by this part. Mammalia).
(2) Article is synonymous with the term iconic African species.
(3) Bona fide educational or scientific institution means an institution that establishes through documentation either of the following:
(A) Educational or scientific tax exemption, from the federal Internal Revenue Service or the institutions 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 institutions location.
(c) Except as provided in subdivision (d), iconic African species shall not be possessed by any individual, firm, corporation, association, or partnership within the State of California. state.
(d) Unless such activity is otherwise prohibited by law, one or more of the following exceptions and defenses apply to the prohibition set forth in subdivision (c):
(1) The prohibition of subdivision (c) does not apply to an employee or agent of the federal, state, or local government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law.
(2) The article is possessed for wholly noncommercial purposes and the owner can demonstrate the article was in the persons possession within this state before January 1, 2021. An owner may demonstrate possession of the article before January 1, 2021, by furnishing documentation that includes, but is not limited to, any of the following:
(A) A valid permit for the importation of sport-hunted trophies issued by the United States Fish and Wildlife Service before January 1, 2021.
(B) A bill of lading or other valid document regarding the transportation of the article issued before January 1, 2021.
(C) A valid appraisal of the article issued before January 1, 2021.
(D) Photographic or video evidence showing the article in the owners possession that possesses a date stamp indicating a date before January 1, 2021.
(3) The article was lawfully imported pursuant to a permit or exemption under the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.). Within 180 days of importation, any such article shall be removed from within the state and may not be subsequently possessed within the state unless possession of the article is expressly authorized by the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.) or its implementing regulations.
(4) The article is for use for educational or scientific purposes by a bona fide educational or scientific institution.
(5) In the case of ivory or rhinoceros horn, the article is possessed in conformance with the requirements of Section 2022.
(6) The article is distributed directly to a legal beneficiary of a trust or to a legal heir provided the article was possessed by the decedent before the enactment of this section.
(e) In addition to any other penalty provided by law, any person who violates this section is subject to a civil penalty of not less than five thousand dollars ($5,000) or more than forty thousand dollars ($40,000) for each violation.
(f) The Attorney General, or the city attorney of the city or county counsel of the county in which a violation of this section occurs, may bring a civil action to recover the civil penalty described in subdivision (e). The civil action shall be brought in the county in which the violation occurs and any penalty imposed shall be transferred to the Controller for deposit in the Fish and Game Preservation Fund in accordance with Section 13003.
(g) For any conviction or other entry of judgment imposed by a court for a violation of this section resulting in a fine, the department may provide court may pay a reward of up to five hundred dollars ($500) from that fine to any person giving information that led to the conviction or other entry of judgment. This reward shall be paid from the Fish and Game Preservation Fund, upon appropriation by the Legislature. This reward shall not apply if the informant is a regular salaried law enforcement officer or an officer or agent of the department.
(h) Upon conviction or other entry of judgment for a violation of this section, any seized article shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed.
(i) This section does not preclude enforcement under Section 2022 of this code or Sections 653o, 653p, and 653r of the Penal Code.
(j) The prohibition against possession of the species listed in paragraph (1) of subdivision (b) is severable. A finding of the invalidity of the prohibition against a species shall not affect the validity of the prohibition against other species.
SEC. 4.SEC. 8. Section 597.3 of the Penal Code is amended to read:597.3. (a) Every person who operates a live animal market shall do all of the following:(1) Provide that no animal will be dismembered, flayed, cut open, or have its skin, scales, feathers, or shell removed while the animal is still alive.(2) Provide that no live animals will be confined, held, or displayed in a manner that results, or is likely to result, in injury, starvation, dehydration, or suffocation.(3) Provide that no animal be a known or likely invasive species or of a taxa known or likely to be responsible for zoonotic transmission of a disease. disease, as determined by the Fish and Game Commission pursuant to Section 2273 of the Fish and Game Code.(b) As used in this section:(1) Animal means frogs, turtles, and birds sold for the purpose of human consumption, with the exception of poultry.(2) Live animal market means a retail food market where, in the regular course of business, animals are stored alive and sold to consumers for the purpose of human consumption.(3) Poultry has the same meaning as defined in Section 24657 of the Food and Agricultural Code.(c) Any person who fails to comply with any requirement of subdivision (a) shall, for the first violation, be given a written warning in a written language that is understood by the person receiving the warning. A second or subsequent violation of subdivision (a) shall be an infraction, punishable by a fine of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000). However, a fine paid for a second violation of subdivision (a) shall be deferred for six months if a course is available that is administered by a state or local agency on state law and local ordinances relating to live animal markets. If the defendant successfully completes that course within six months of entry of judgment, the fine shall be waived. The state or local agency may charge the participant a fee to take the course, not to exceed one hundred dollars ($100).(d) (1) Moneys collected from a fine imposed pursuant to this section shall be apportioned pursuant to Section 13003 of the Fish and Game Code.(2) Moneys equivalent to 50 percent of the revenue deposited in the Fish and Game Preservation Fund from fines collected pursuant to this section shall be allocated for the support of the Special Operations Unit of the Department of Fish and Wildlife and used for law enforcement purposes.(e) Notwithstanding Section 802, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.
SEC. 4.SEC. 8. Section 597.3 of the Penal Code is amended to read:
### SEC. 4.SEC. 8.
597.3. (a) Every person who operates a live animal market shall do all of the following:(1) Provide that no animal will be dismembered, flayed, cut open, or have its skin, scales, feathers, or shell removed while the animal is still alive.(2) Provide that no live animals will be confined, held, or displayed in a manner that results, or is likely to result, in injury, starvation, dehydration, or suffocation.(3) Provide that no animal be a known or likely invasive species or of a taxa known or likely to be responsible for zoonotic transmission of a disease. disease, as determined by the Fish and Game Commission pursuant to Section 2273 of the Fish and Game Code.(b) As used in this section:(1) Animal means frogs, turtles, and birds sold for the purpose of human consumption, with the exception of poultry.(2) Live animal market means a retail food market where, in the regular course of business, animals are stored alive and sold to consumers for the purpose of human consumption.(3) Poultry has the same meaning as defined in Section 24657 of the Food and Agricultural Code.(c) Any person who fails to comply with any requirement of subdivision (a) shall, for the first violation, be given a written warning in a written language that is understood by the person receiving the warning. A second or subsequent violation of subdivision (a) shall be an infraction, punishable by a fine of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000). However, a fine paid for a second violation of subdivision (a) shall be deferred for six months if a course is available that is administered by a state or local agency on state law and local ordinances relating to live animal markets. If the defendant successfully completes that course within six months of entry of judgment, the fine shall be waived. The state or local agency may charge the participant a fee to take the course, not to exceed one hundred dollars ($100).(d) (1) Moneys collected from a fine imposed pursuant to this section shall be apportioned pursuant to Section 13003 of the Fish and Game Code.(2) Moneys equivalent to 50 percent of the revenue deposited in the Fish and Game Preservation Fund from fines collected pursuant to this section shall be allocated for the support of the Special Operations Unit of the Department of Fish and Wildlife and used for law enforcement purposes.(e) Notwithstanding Section 802, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.
597.3. (a) Every person who operates a live animal market shall do all of the following:(1) Provide that no animal will be dismembered, flayed, cut open, or have its skin, scales, feathers, or shell removed while the animal is still alive.(2) Provide that no live animals will be confined, held, or displayed in a manner that results, or is likely to result, in injury, starvation, dehydration, or suffocation.(3) Provide that no animal be a known or likely invasive species or of a taxa known or likely to be responsible for zoonotic transmission of a disease. disease, as determined by the Fish and Game Commission pursuant to Section 2273 of the Fish and Game Code.(b) As used in this section:(1) Animal means frogs, turtles, and birds sold for the purpose of human consumption, with the exception of poultry.(2) Live animal market means a retail food market where, in the regular course of business, animals are stored alive and sold to consumers for the purpose of human consumption.(3) Poultry has the same meaning as defined in Section 24657 of the Food and Agricultural Code.(c) Any person who fails to comply with any requirement of subdivision (a) shall, for the first violation, be given a written warning in a written language that is understood by the person receiving the warning. A second or subsequent violation of subdivision (a) shall be an infraction, punishable by a fine of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000). However, a fine paid for a second violation of subdivision (a) shall be deferred for six months if a course is available that is administered by a state or local agency on state law and local ordinances relating to live animal markets. If the defendant successfully completes that course within six months of entry of judgment, the fine shall be waived. The state or local agency may charge the participant a fee to take the course, not to exceed one hundred dollars ($100).(d) (1) Moneys collected from a fine imposed pursuant to this section shall be apportioned pursuant to Section 13003 of the Fish and Game Code.(2) Moneys equivalent to 50 percent of the revenue deposited in the Fish and Game Preservation Fund from fines collected pursuant to this section shall be allocated for the support of the Special Operations Unit of the Department of Fish and Wildlife and used for law enforcement purposes.(e) Notwithstanding Section 802, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.
597.3. (a) Every person who operates a live animal market shall do all of the following:(1) Provide that no animal will be dismembered, flayed, cut open, or have its skin, scales, feathers, or shell removed while the animal is still alive.(2) Provide that no live animals will be confined, held, or displayed in a manner that results, or is likely to result, in injury, starvation, dehydration, or suffocation.(3) Provide that no animal be a known or likely invasive species or of a taxa known or likely to be responsible for zoonotic transmission of a disease. disease, as determined by the Fish and Game Commission pursuant to Section 2273 of the Fish and Game Code.(b) As used in this section:(1) Animal means frogs, turtles, and birds sold for the purpose of human consumption, with the exception of poultry.(2) Live animal market means a retail food market where, in the regular course of business, animals are stored alive and sold to consumers for the purpose of human consumption.(3) Poultry has the same meaning as defined in Section 24657 of the Food and Agricultural Code.(c) Any person who fails to comply with any requirement of subdivision (a) shall, for the first violation, be given a written warning in a written language that is understood by the person receiving the warning. A second or subsequent violation of subdivision (a) shall be an infraction, punishable by a fine of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000). However, a fine paid for a second violation of subdivision (a) shall be deferred for six months if a course is available that is administered by a state or local agency on state law and local ordinances relating to live animal markets. If the defendant successfully completes that course within six months of entry of judgment, the fine shall be waived. The state or local agency may charge the participant a fee to take the course, not to exceed one hundred dollars ($100).(d) (1) Moneys collected from a fine imposed pursuant to this section shall be apportioned pursuant to Section 13003 of the Fish and Game Code.(2) Moneys equivalent to 50 percent of the revenue deposited in the Fish and Game Preservation Fund from fines collected pursuant to this section shall be allocated for the support of the Special Operations Unit of the Department of Fish and Wildlife and used for law enforcement purposes.(e) Notwithstanding Section 802, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.
597.3. (a) Every person who operates a live animal market shall do all of the following:
(1) Provide that no animal will be dismembered, flayed, cut open, or have its skin, scales, feathers, or shell removed while the animal is still alive.
(2) Provide that no live animals will be confined, held, or displayed in a manner that results, or is likely to result, in injury, starvation, dehydration, or suffocation.
(3) Provide that no animal be a known or likely invasive species or of a taxa known or likely to be responsible for zoonotic transmission of a disease. disease, as determined by the Fish and Game Commission pursuant to Section 2273 of the Fish and Game Code.
(b) As used in this section:
(1) Animal means frogs, turtles, and birds sold for the purpose of human consumption, with the exception of poultry.
(2) Live animal market means a retail food market where, in the regular course of business, animals are stored alive and sold to consumers for the purpose of human consumption.
(3) Poultry has the same meaning as defined in Section 24657 of the Food and Agricultural Code.
(c) Any person who fails to comply with any requirement of subdivision (a) shall, for the first violation, be given a written warning in a written language that is understood by the person receiving the warning. A second or subsequent violation of subdivision (a) shall be an infraction, punishable by a fine of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000). However, a fine paid for a second violation of subdivision (a) shall be deferred for six months if a course is available that is administered by a state or local agency on state law and local ordinances relating to live animal markets. If the defendant successfully completes that course within six months of entry of judgment, the fine shall be waived. The state or local agency may charge the participant a fee to take the course, not to exceed one hundred dollars ($100).
(d) (1) Moneys collected from a fine imposed pursuant to this section shall be apportioned pursuant to Section 13003 of the Fish and Game Code.
(2) Moneys equivalent to 50 percent of the revenue deposited in the Fish and Game Preservation Fund from fines collected pursuant to this section shall be allocated for the support of the Special Operations Unit of the Department of Fish and Wildlife and used for law enforcement purposes.
(e) Notwithstanding Section 802, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.
SEC. 5.SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 5.SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 5.SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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