Section § 4500

Explanation

This law states that you cannot take or capture marine mammals, like whales, dolphins, and sea otters, unless it's allowed by the Marine Mammal Protection Act of 1972 or other specific federal regulations. If the federal government ever allows the state to handle these regulations, the state can then create its own rules about marine mammals.

(a)CA Fish And Game Code § 4500(a) It is unlawful to take any marine mammal except in accordance with provisions of the Marine Mammal Protection Act of 1972 (Chapter 31 (commencing with Section 1361) of Title 16 of the United States Code) or provisions of Title 50 of the Code of Federal Regulations, or pursuant to subdivision (b) of this section.
(b)CA Fish And Game Code § 4500(b) At such time as federal laws or regulations permit the state to assume jurisdiction over marine mammals, the commission may adopt regulations governing marine mammals and the taking thereof.
(c)CA Fish And Game Code § 4500(c) For purposes of this chapter, “marine mammals” means sea otters, whales, dolphins, porpoises, seals, and sea lions.

Section § 4501

Explanation

This law is about protecting sea otters from pollution linked to cat litter. The California Legislature highlights that cat feces can harm sea otters due to a pathogen, T-gondii. To help improve water quality, the law mandates that any cat litter sold in the state must have a label advising people not to flush cat litter or dispose of it outdoors. Instead, people should use indoor litter boxes or throw cat feces in the trash.

(a)CA Fish And Game Code § 4501(a) The Legislature finds and declares that several types of nonpoint source pollution are harmful to sea otters, and that scientific studies point to links between cat feces, the pathogen T-gondii, and sea otter mortality. The Legislature further finds and declares that efforts to reduce the flushing of cat litter and cat feces are steps toward better water quality in the sea otters’ natural habitat.
(b)CA Fish And Game Code § 4501(b) Any cat litter offered for sale in this state shall contain one of the following statements:
(1)CA Fish And Game Code § 4501(b)(1) “Encouraging your cat to use an indoor litter box, or properly disposing of outdoor cat feces, is beneficial to overall water quality. Please do not flush cat litter in toilets or dispose of it outdoors in gutters or storm drains.”
(2)CA Fish And Game Code § 4501(b)(2) A general statement that encourages the disposal of cat feces in trash and discourages flushing cat feces in toilets or disposing of them in drains.

Section § 4502.5

Explanation

The California Orca Protection Act makes it illegal to hold orcas, also known as killer whales, in captivity for display, performance, or entertainment, with some exceptions. Orcas already in captivity by January 1, 2017, can remain for current purposes and be used for educational presentations from June 1, 2017. The law also prohibits breeding or artificially inseminating captive orcas and moving or selling orcas to other locations unless federally authorized or transferred to a facility meeting certain animal welfare standards. Violators face misdemeanor charges and fines up to $100,000. Exceptions exist for educational or scientific institutions rehabilitating or researching orcas, although they must notify the department upon obtaining or rescuing an orca and aim to return it to the wild when feasible. Educational presentations must be informative and science-based.

This section shall be known, and may be cited, as the California Orca Protection Act.
(a)CA Fish And Game Code § 4502.5(a) It is unlawful for any person to do any of the following:
(1)Copy CA Fish And Game Code § 4502.5(a)(1)
(A)Copy CA Fish And Game Code § 4502.5(a)(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)CA Fish And Game Code § 4502.5(a)(1)(A)(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)CA Fish And Game Code § 4502.5(a)(2) Breed or impregnate any orca held in captivity in the state.
(3)CA Fish And Game Code § 4502.5(a)(3) Export, collect, or import the semen, other gametes, or embryos of an orca held in captivity for the purpose of artificial insemination.
(4)CA Fish And Game Code § 4502.5(a)(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. Sec. 2131 and following).
(b)CA Fish And Game Code § 4502.5(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)CA Fish And Game Code § 4502.5(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)CA Fish And Game Code § 4502.5(d) As used in this section, the following terms are defined as follows:
(1)CA Fish And Game Code § 4502.5(d)(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)CA Fish And Game Code § 4502.5(d)(2) “Orca” means a killer whale (Orcinus orca).
(3)CA Fish And Game Code § 4502.5(d)(3) “Bona fide educational or scientific institution” means an institution that establishes through documentation any of the following:
(A)CA Fish And Game Code § 4502.5(d)(3)(A) Educational or scientific tax exemption from the Internal Revenue Service or the institution’s national, state, or local tax authority.
(B)CA Fish And Game Code § 4502.5(d)(3)(B) Accreditation as an educational or scientific institution from a qualified national, regional, state, or local authority for the institution’s location.
(C)CA Fish And Game Code § 4502.5(d)(3)(C) Accreditation by a nationally or internationally recognized zoological or aquarium accreditation organization.
(e)CA Fish And Game Code § 4502.5(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.