Endangered wildlife: kangaroos., the official text

An act to amend Section 653o of the Penal Code, relating to criminal law.

LEGISLATIVE COUNSEL'S DIGEST

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 a part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf, zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise, Spanish lynx, or elephant.
This bill would exempt from that prohibition the import into the state for commercial purposes, possession with intent to sell, or sale within the state of kangaroos if they are harvested in accordance with Australian law, the federal Endangered Species Act, and applicable international conventions, as specified.

The people of the State of California do enact as follows:

SECTION 1.
Section 653o of the Penal Code is amended to read:
653o.
(a) (1) It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, except as provided in paragraph (2), vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.
(2) Kangaroos exempted under this paragraph shall be wild harvested pursuant to Australian federal, state, and territory law, the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.), and applicable international conventions.
(b) (1) Commencing January 1, 2020, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a part or product thereof, of a crocodile or alligator.
(2) This subdivision does not authorize the importation or sale of any alligator or crocodilian species, or products thereof, that are listed as endangered under the federal Endangered Species Act, or to allow the importation or sale of any alligator or crocodilian species, or products thereof, in violation of federal law or international treaty to which the United States is a party.
(c) Commencing January 1, 2022, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard.
(d) A person who violates this section is guilty of a misdemeanor and shall be subject to a fine of not less than one thousand dollars ($1,000) and not to exceed five thousand dollars ($5,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment, for each violation.
(e) The prohibitions against importation for commercial purposes, possession with intent to sell, and sale of the species listed in this section are severable. A finding of the invalidity of any one or more prohibitions shall not affect the validity of any remaining prohibitions.