Marine mammals: protection of cetaceans: unlawful activities.

Existing law makes it unlawful to hold in captivity an orca, whether wild caught or captive bred, for any purpose, including for display, performance, or entertainment purposes; to breed or impregnate an orca held in captivity; to export, collect, or import the semen, other gametes, or embryos of an orca held in captivity for the purpose of artificial insemination; or to export, transport, move, or sell an orca located in the state to another state or country. Existing law creates certain exceptions to these provisions, including an exception that authorizes an orca located in the state on January 1, 2017, to continue to be held in captivity for its current purpose and, after June 1, 2017, to continue to be used for educational presentations. Existing law provides that a person, corporation, or institution that intentionally or negligently violates these provisions is guilty of a misdemeanor punishable by a fine not to exceed $100,000. This bill would expand these provisions to include cetaceans, which the bill would define to mean a whale, dolphin, or porpoise in the order Cetacea. By expanding the definition of a crime, the bill would impose a state-mandated local program. The bill would authorize a cetacean located in the state on an unspecified date to continue to be held in captivity for its current purpose and, after an unspecified date, to continue to be used for educational presentations. 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.