California Fish and Game Code 4502.5 – This section shall be known, and may be cited, as the California Orca …
This section shall be known, and may be cited, as the California Orca Protection Act.
(a) It is unlawful for any person to do any of the following:
Terms Used In California Fish and Game Code 4502.5
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
- Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Fish and Game Code 67
- Sell: includes offer or possess for sale, barter, exchange, or trade. See California Fish and Game Code 75
- State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
- Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Fish and Game Code 73
- Transport: includes offer or receive for transportation. See California Fish and Game Code 88
(1) (A) Except as provided in subparagraph (B) and subdivision (c), hold in captivity an orca, whether wild-caught or captive-bred, for any purpose, including, but not limited to, display, performance, or entertainment purposes.
(B) An orca located in the state on January 1, 2017, may continue to be held in captivity for its current purpose and after June 1, 2017, may continue to be used for educational presentations.
(2) Breed or impregnate any orca held in captivity in the state.
(3) Export, collect, or import the semen, other gametes, or embryos of an orca held in captivity for the purpose of artificial insemination.
(4) Export, transport, move, or sell an orca located in the state to another state or country unless otherwise authorized by federal law or if the transfer is to another facility within North America that meets standards comparable to those provided under the Animal Welfare Act (7 U.S.C. § 2131 and following).
(b) A person, corporation, or institution that intentionally or negligently violates subdivision (a) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one hundred thousand dollars ($100,000).
(c) This section does not apply to an orca that is held by a bona fide educational or scientific institution for rehabilitation after a rescue or stranding or for research purposes. However, the department shall be notified immediately upon the rescue or acquisition of any orca, and an orca that is held for rehabilitation or research purposes shall be returned to the wild whenever possible. If return to the wild is not possible, the orca may be used for educational presentations, but shall not be used for breeding, performance, or entertainment purposes.
(d) As used in this section, the following terms are defined as follows:
(1) “Educational presentation” means a live, scheduled orca display in the presence of spectators that includes natural behaviors, enrichment, exercise activities, and a live narration and video content that provides science-based education to the public about orcas.
(2) “Orca” means a killer whale (Orcinus orca).
(3) “Bona fide educational or scientific institution” means an institution that establishes through documentation any of the following:
(A) Educational or scientific tax exemption from the Internal Revenue Service or the institution’s 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 institution’s location.
(C) Accreditation by a nationally or internationally recognized zoological or aquarium accreditation organization.
(e) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2016, Ch. 340, Sec. 8. (SB 839) Effective September 13, 2016.)