SB 1175

Bill Subjects

Abstract

(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. (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 Director of Fish and Wildlife makes a written finding that the scientific evidence suggests zoonotic transmission from this species, or a closely related species within the same family, could be responsible for a novel, or not previously reported, readily transmissible human disease without a readily available and effective treatment in order to protect the public health and safety. 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 protocol for robust testing, effective treatment, or quarantine, as provided, is implemented to ensure that all individual animals subject to an authorization are not carriers. (3) Existing law exempts any university, college, governmental research agency, or other bona fide scientific institution, as specified, engaging in scientific or public health research from any permit requirement for the importation, transportation, and sheltering of restricted live wild animals except for animals whose importation, transportation, or possession is determined by the Department of Fish and Wildlife, in cooperation with the Department of Food and Agriculture, to be detrimental or cause damage to agriculture, native wildlife, or the public health or safety. This bill would authorize the department to issue a restricted species permit for a live wild animal prohibited from importation or transportation into the state on a case-by-case basis to a university, college, governmental research agency, or other bona fide scientific institution conducting bona fide medical or scientific research, as determined by the department, that cannot otherwise be conducted without the live wild animal. The bill would require, for a live wild animal that could be responsible for zoonotic transmission of a readily transmissible human disease, as provided, the department to require the applicant to demonstrate biosafety equipment and protocols necessary to safely handle that live wild animal. (4) 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. (5) 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. (6) 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 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 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. (7) 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, 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. 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. (8) 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.