AN ACT Relating to orca captivity; adding a new section to chapter 77.15 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1.  A new section is added to chapter 77.15 RCW to read as follows:

(1) A person is guilty of unlawful orca captivity if the person:

(a) Holds a wild-caught or captive-bred orca in captivity for any purposes, including display, performance, or entertainment purposes;

(b) Breeds or impregnates an orca held in captivity in the state;

(c) Imports, exports, or collects semen, other gametes, or embryos of an orca for the purpose of artificial insemination; or

(d) Exports, transports, moves, or sells an orca located in the state to another state or country unless otherwise authorized by federal law.

(2) Unlawful orca captivity is a misdemeanor.

(3) In addition to the penalties set forth in this section, if a person acts for commercial purposes as defined in RCW 77.15.110 regarding orca captivity, the court shall impose a civil penalty of not more than one hundred thousand dollars. All penalties recovered under this section shall be deposited into the state general fund.

(4) 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 must be notified immediately upon the rescue or acquisition of any orca, and an orca that is held for rehabilitation or research purposes must be returned to the wild whenever possible. If return to the wild is not possible, the orca may be used for educational presentations, but may not be used for breeding, performance, or entertainment purposes.

(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Bona fide educational or scientific institution" means an institution that establishes through documentation any of the following:

(i) Educational or scientific tax exemption from the internal revenue service or the institution's national, state, or local tax authority;

(ii) Accreditation as an educational or scientific institution from a qualified national, regional, state, or local authority for the institution's location; or

(iii) Accreditation by a nationally or internationally recognized zoological or aquarium accreditation organization.

(b) "Educational presentations" means a live, scheduled orca display in the presence of spectators that includes natural behaviors, enrichment, exercise activities, and live narration and video content that provides science-based education to the public about orcas.

(c) "Orca" means a member of the species Orcinus orca.

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