CHAPTER 1. Taking and Possessing in General [2000 - 2024]
( Chapter 1 enacted by Stats. 1957, Ch. 456. )
(a) It is unlawful to take a bird, mammal, fish, reptile, or amphibian except as provided in this code or in a regulation adopted pursuant to this code.
(b) Possession of a bird, mammal, fish, reptile, amphibian, or part of any of those animals, in or on the fields, forests, or waters of this state, or while returning therefrom with fishing or hunting equipment, is prima facie evidence the possessor took the bird, mammal, fish, reptile, or amphibian, or part of that animal.
(Amended by Stats. 2015, Ch. 154, Sec. 41. (AB 1527) Effective January 1, 2016.)
(a) As used in this chapter, “roadway” has the same meaning as defined in Section 530 of the Vehicle Code.
(b) As used in this chapter, “vehicle” has the same meaning as defined in Section 670 of the Vehicle Code.
(Added by Stats. 2019, Ch. 869, Sec. 4. (SB 395) Effective January 1, 2020.)
(a) Notwithstanding Section 219, 2000, or any other law, and notwithstanding any requirement for a permit or license or other entitlement to take a species, the accidental taking of a bird, mammal, reptile, or amphibian by collision with a vehicle while that vehicle is being operated on a roadway is not a violation of this code or a regulation adopted pursuant to this code. Nothing in this section authorizes a person to possess any bird, mammal, reptile, or amphibian accidentally taken by collision with a vehicle as provided in this subdivision. Animals accidentally taken on a roadway may be removed by the state or local agency having jurisdiction over the roadway.
(b) This section does not apply to Chapter 1.5 (commencing
with Section 2050).
(Amended by Stats. 2019, Ch. 869, Sec. 5. (SB 395) Effective January 1, 2020.)
(a) (1) Consistent with Section 91.8 of the Streets and Highways Code, the commission may establish a pilot program for the issuance of wildlife salvage permits through a user-friendly and cell-phone-friendly web-based portal to persons desiring to recover, possess, use, or transport, for purposes of salvaging wild game meat for human consumption of, any deer, elk, pronghorn antelope, or wild pig that has been accidentally killed as a result of a vehicle collision on a roadway within California. This permitting process shall be available at no cost to the public.
(2) In developing the pilot program, the commission shall consult with the department, the Department of Transportation, the Department of the California Highway
Patrol, the Office of Environmental Health Hazard Assessment, other relevant public entities, and stakeholders to ensure public health and safety and to ensure the pilot program does not facilitate poaching.
(3) The commission shall prescribe the requirements for applying for and receiving a wildlife salvage permit and set the terms and conditions it deems necessary for the safe recovery, possession, use, and transportation of deer, elk, pronghorn antelope, or wild pig pursuant to a wildlife salvage permit.
(4) The commission shall require a person seeking to obtain a wildlife salvage permit to report through the web-based portal described in paragraph (1), at a minimum, the location, type, and description of the animal salvaged, the date and time of salvage, the basic characteristics of the incident and a description of the vehicle involved, where applicable, and the destination
where the carcass will be transported.
(5) The commission may limit the implementation of the pilot program only to certain counties or regions of the state.
(6) The commission may restrict the roadways where wildlife salvage may be conducted and the species subject to salvage, and may regulate any other aspect of the pilot program necessary to ensure the pilot program’s success, to minimize risks to public safety, and to prevent poaching.
(7) A person desiring to salvage the carcass of an animal pursuant to this section shall do so in a manner consistent with Section 21718 of the Vehicle Code.
(8) The commission shall consider and recommend to the department public education and outreach for the wildlife salvage pilot program beyond traditional hunting
populations to the general public.
(b) Notwithstanding Section 2000.5, if a person unintentionally strikes and kills a deer, elk, pronghorn antelope, or wild pig on a roadway in California with a vehicle, that person may recover, possess, use, or transport the whole animal and salvage the edible portions of the animal pursuant to a wildlife salvage permit.
(c) Subdivision (b) shall also apply to an individual who encounters an unintentionally killed deer, elk, pronghorn antelope, or wild pig that has been struck with a vehicle.
(d) This section does not authorize an individual to kill an injured or wounded animal for the purpose of salvage. An animal that is severely injured in an accidental vehicle collision may only be salvaged pursuant to this section if it is subsequently killed by the department pursuant to
Section 1001 or a law enforcement officer authorized by the department to kill injured wildlife.
(e) (1) Upon appropriation by the Legislature, the commission may establish the wildlife salvage pilot program no later than January 1, 2022.
(2) Upon appropriation by the Legislature, the department shall implement the pilot program no later than six months after the commission establishes the pilot program.
(3) (A) To the extent feasible, the department shall develop and make available to the public the web-based portal described in subdivision (a) for the wildlife salvage pilot program to facilitate participation in the pilot program.
(B) To the extent practicable, the web-based portal shall work with the
existing harvest reporting system in use by the department, including identification of the person salvaging the animal.
(C) The department shall work to include data collected from the wildlife salvage pilot program in any other wildlife-vehicle collision data collection efforts, including data collection efforts conducted pursuant to Section 1023.
(f) This section does not authorize the take of wildlife species listed pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050)) and Section 670.1 of Title 14 of the California Code of Regulations, or other nongame wildlife, fully protected species, migratory birds, including, but not limited to, waterfowl, and other wildlife species not lawfully hunted.
(g) The state is not liable for any harm, injury, loss, or damage arising out of
the recovery, possession, use, transport, or consumption of any wild game animal legally salvaged pursuant to this section.
(h) Beginning on the first March 1 after the department implements the pilot program, and each March 1 thereafter, the department shall make available on its internet website data that includes the number of wildlife salvage permits issued, locations of impacts, and species of wildlife.
(i) Subdivisions (b) to (d), inclusive, shall become operative when the department implements the pilot program.
(j) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
(Added by Stats. 2019, Ch. 869, Sec. 6. (SB 395) Effective January 1, 2020. Repealed as of January 1, 2029, by its own provisions.)
(a) It is unlawful to take a mammal, bird, fish, reptile, or amphibian outside of an established season or to exceed a bag limit or possession limit established in this code or by a regulation adopted by the commission. Violation of an established season, bag limit, or possession limit may be charged as a violation of this section or of the specific code section or regulation that establishes the season or limit.
(b) Unless otherwise provided, it is unlawful to possess a fish, reptile, or amphibian, except during the open season where the fish, reptile, or amphibian was taken or during the 10-day period immediately following that open season. A possession limit applicable during the
open season applies during that 10-day period.
(c) Except as provided in Section 3080, it is unlawful to possess a game bird or mammal except during the open season where taken.
(Amended by Stats. 2015, Ch. 154, Sec. 42. (AB 1527) Effective January 1, 2016.)
It is unlawful to possess a bird, mammal, fish, reptile, amphibian, or part of any of those animals, taken in violation of this code or a regulation adopted pursuant to this code.
(Amended by Stats. 2015, Ch. 154, Sec. 43. (AB 1527) Effective January 1, 2016.)
(a) Except as specified in subdivisions (b), (c), (d), and (e), it is unlawful to offer a prize or other inducement as a reward for the taking of a game bird, or the taking of any mammal, fish, reptile, or amphibian in an individual contest, tournament, or derby.
(b) The department may issue a permit to a person authorizing that person to offer a prize or other inducement as a reward for the taking of a game fish, as defined by the commission by regulation, if it finds that there would be no detriment to the resource. The permit is subject to regulations adopted by the commission. The application for the permit shall be accompanied by a fee in the amount determined by the department as necessary to cover the reasonable administrative costs incurred by the department
in issuing the permit. However, the department may waive the permit fee if the contest, tournament, or derby is for persons who are under 16 years of age or have a physical or mental disability, and the primary purpose of the contest, tournament, or derby is to introduce those anglers to or educate them about fishing. All permits for which the fee is waived pursuant to this subdivision shall comply with all other requirements set forth in this section.
(c) This section does not apply to a person conducting what is generally known as a frog-jumping contest, or, in waters of the Pacific Ocean, what is generally known as a fish contest.
(d) This section does not apply to a person conducting an individual contest, tournament, or derby for the taking of a game bird or game mammal, if the total value of all prizes or other inducements is less than five hundred dollars ($500) for the
individual contest, tournament, or derby.
(e) (1) As used in this subdivision:
(A) “Event” means a competition event on lands managed by the department.
(B) “Prize compensation” includes prize or purse money, other prizes, goods, or other compensation.
(2) The department, for any event that awards prize compensation to competitors in gendered categories, shall require as a condition of a permit pursuant to this section that, for any participant level that receives prize compensation, the prize compensation for each gendered category be identical at each participant level. The department shall not approve a permit for an event that does not comply with this condition.
(Amended by Stats. 2023, Ch. 132, Sec. 32. (AB 1760) Effective January 1, 2024.)
(a) The Legislature finds and declares that the fish of this state are a vital, renewable resource which provides recreation, outdoor experiences, and food for many of this state’s citizens. Therefore, it is in the state’s best interests to promote volunteer private rehabilitation and improvement of fisheries, fish habitat, and resources.
(b) The Legislature declares it is the policy of this state to encourage cooperation by local, regional, state, and federal governmental agencies with jurisdiction over inland waters with private groups and associations in order to do fish habitat and restoration work. This policy shall be pursued through the implementation of a program known as the “Adopt a Lake Program.”
(Added by Stats. 1988, Ch. 850, Sec. 1.)
The department may implement the “Adopt a Lake Program” to facilitate private groups’ and associations’ undertaking volunteer efforts to rehabilitate and improve fisheries, fish habitat, and resources. In implementing this program, the department shall prepare and periodically update a plan for the volunteer efforts to be undertaken. The plan shall be prepared cooperatively by the department, the private group or association, and the public agency with jurisdiction over the inland water to be affected by the plan. The plan shall be consistent with the management plan and management objectives of the department and the public agency with jurisdiction over the inland water.
(Added by Stats. 1988, Ch. 850, Sec. 2.)
It is unlawful for any person, while taking any bird, mammal, fish, reptile, or amphibian, to cause damage, or assist in causing damage, to real or personal property, or to leave gates or bars open, or to break down, destroy, or damage fences, or to tear down or scatter piles of rails, posts, stone, or wood, or, through carelessness or negligence, to injure livestock of any kind.
(Amended by Stats. 1974, Ch. 605.)
(a) Except as otherwise authorized by this section, it is unlawful to use an artificial light to assist in the taking of a game bird, game mammal, or game fish.
(b) It is unlawful for one or more persons to throw or cast the rays of a spotlight, headlight, or other artificial light on a highway or in a field, woodland, or forest where game mammals, fur-bearing mammals, or nongame mammals are commonly found, or upon a game mammal, fur-bearing mammal, or nongame mammal, while having in his or her possession or under his or her control a firearm or weapon with which that mammal could be killed, even though the mammal is not killed, injured, shot at, or otherwise pursued.
(c) It is unlawful to use or possess night vision equipment to assist in the taking of a bird, mammal, amphibian, reptile, or fish. For purposes of this subdivision, “night vision equipment” includes, but is not limited to, the following:
(1) An infrared or similar light, used in connection with an electronic viewing device.
(2) An optical device, including, but not limited to, binoculars or a scope, that uses electrical or battery powered light amplifying circuits.
(d) This section does not apply to any of the following:
(1) Sport fishing in ocean waters, or other waters where night fishing is permitted, if an artificial light is not used on or as part of the fishing tackle.
(2) Commercial fishing.
(3) The taking of mammals governed by Article 2 (commencing with Section 4180) of Chapter 3 of Part 3 of Division 4.
(4) The use of a hand-held flashlight that is no larger and emits no more light than a two-cell, three-volt flashlight, and is not affixed to a weapon.
(5) The use of a lamp or lantern that does not cast a directional beam of light.
(6) Headlights of a motor vehicle that are operated in a usual manner and without attempt or intent to locate a game mammal, fur-bearing mammal, or nongame mammal.
(7) An owner of land devoted to the agricultural industry, or the owner’s employee, while on that
land.
(8) An owner of land devoted to the agricultural industry, or the owner’s employee, while on land controlled by the owner in connection with the agricultural industry.
(9) Other uses as the commission may authorize by regulation.
(e) A person shall not be arrested for violation of this section except by a peace officer.
(Amended by Stats. 2015, Ch. 154, Sec. 45. (AB 1527) Effective January 1, 2016.)
(a) It is unlawful to possess a loaded rifle or shotgun in any vehicle or conveyance or its attachments which is standing on or along or is being driven on or along any public highway or other way open to the public.
(b) A rifle or shotgun shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine.
(c) The provisions of this section shall not apply to peace officers or members of the Armed Forces of this state or the United States, while on duty or going to or returning from
duty.
(Amended by Stats. 2010, Ch. 178, Sec. 28. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
(a) It is unlawful to set, place, or cause to be set or placed, any trap gun.
(b) A “trap gun” is a firearm loaded with other than blank cartridges and connected with a string or other contrivance contact with which will cause the firearm to be discharged.
(Amended by Stats. 2023, Ch. 132, Sec. 33. (AB 1760) Effective January 1, 2024.)
(a) A person shall not willfully interfere with the participation of any individual in the lawful activity of shooting, hunting, fishing, falconry, hunting dog field trials, hunting dog training, or trapping at the location where that activity is taking place.
(b) A violation of this section is punishable pursuant to subdivision (b) of Section 12000.
(c) Any person convicted for a violation of this section that occurred within two years of a prior violation of this section which resulted in a conviction is guilty of a misdemeanor, punishable by imprisonment in the county jail for a period of not more than one year, by a fine of not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000), or by both imprisonment and fine.
(d) This section does not apply to the actions of any peace officer or personnel of the department in the performance of their official duties. This section does not obstruct the rights and normal activities of landowners or tenants, including, but not limited to, farming, ranching, and limiting unlawful trespass.
(e) In order to be liable for a violation of this section, the person is required to have had the specific
intent to interfere with the participation of an individual who was engaged in lawful shooting, hunting, fishing, falconry, hunting dog field trials, hunting dog training, or trapping.
(f) For purposes of this section, “interfere with” means any action which physically impedes, hinders, or obstructs the lawful pursuit of any of the above-mentioned activities, including, but not limited to, all of the following:
(1) Actions taken for the purpose of frightening away animals from the location where the lawful activity is taking place.
(2) Placing or maintaining signs, gates, locks, or barricades that
prohibit or deny access to lands without authorization from the landowner or lessee or an authorized designee of the landowner or lessee.
(3) Placing food on lands not belonging to the person placing the food for purposes of eliminating the lawful ability to hunt due to the presence of bait, as defined in this code or regulations adopted pursuant to this code.
(Amended by Stats. 2009, Ch. 394, Sec. 5. (AB 1423) Effective January 1, 2010.)
(a) It is unlawful to use or possess a shotgun larger than 10-gauge, or to use or possess a shotgun capable of holding more than six cartridges at one time, to take a mammal or bird.
(b) A shotgun that has been modified with the insertion of a plug is deemed, for the purpose of this section, to have a cartridge capacity equal to the number of cartridges that can be loaded into the weapon as modified.
(c) After a public hearing, the commission may adopt regulations relative to the ammunition capacity of shotguns for taking mammals or birds that are more restrictive than the limits provided in subdivision (a), or that it
determines may be needed to conform to federal law.
(Amended by Stats. 2015, Ch. 154, Sec. 46. (AB 1527) Effective January 1, 2016.)
(a) It is unlawful for any person to take, mutilate, or destroy any bird or mammal lawfully in the possession of another.
(b) For the purpose of this section, a bird or mammal shall be deemed in possession when it is actually reduced to physical possession or when it is wounded or otherwise maimed and the person who wounded or otherwise maimed it is in hot pursuit.
(Amended by Stats. 2007, Ch. 285, Sec. 25. Effective January 1, 2008.)
(a) It is unlawful for a person to remove from a hunting dog any collar, including an electronic or radio transmitting device, without possessing written permission from the dog’s owner allowing the removal of the collar.
(b) As used in this section, “hunting dog” means a dog in the field actively engaged in the taking of mammals or birds, or a dog actively being trained for the taking of mammals or birds, that is located in an area where mammals or birds can be taken, at that time and place, in accordance with existing law.
(c) This section does not apply to a law enforcement officer or an animal control officer in the performance of his or her duty, or to a person who is
assisting an injured dog.
(Added by Stats. 2009, Ch. 294, Sec. 9. (AB 1442) Effective January 1, 2010.)
All licenses, tags, and the birds, mammals, fish, reptiles, or amphibians taken or otherwise dealt with under this code, and any device or apparatus designed to be, and capable of being, used to take birds, mammals, fish, reptiles, or amphibians shall be exhibited upon demand to any person authorized by the department to enforce this code or any law relating to the protection and conservation of birds, mammals, fish, reptiles, or amphibians.
(Amended by Stats. 2007, Ch. 285, Sec. 26. Effective January 1, 2008.)
Unless otherwise provided, the provisions of this code relating to the possession of birds, mammals, fish, reptiles, or amphibians apply to birds, mammals, fish, reptiles, or amphibians taken either in or outside of this state.
(Amended by Stats. 2015, Ch. 154, Sec. 47. (AB 1527) Effective January 1, 2016.)
(a) It is the policy of this state to conserve its natural resources and to prevent the willful or negligent destruction of birds, mammals, fish, reptiles, or amphibia.
(b) The state may recover damages in a civil action against any person or local agency which unlawfully or negligently takes or destroys any bird, mammal, fish, reptile, or amphibian protected by the laws of this state.
(c) The measure of damages is the amount that will compensate for all the detriment proximately caused by the taking or destruction of the birds, mammals, fish, reptiles, or amphibia.
(d) An action to recover damages
under this section shall be brought in the name of the people of the state, in a court of competent jurisdiction in the county in which the cause of action arose. The State Water Resources Control Board shall be notified of, and may join in, any action brought under this section when the activities alleged to have caused the destruction of any bird, mammal, fish, reptile, or amphibian may involve either the unlawful discharge of pollutants into the waters of the state or other violation of Division 7 (commencing with Section 13000) of the Water Code.
(e) This section does not apply to any of the following:
(1) Persons or local agencies engaged in agricultural pest control.
(2) The destruction of fish in irrigation canals or works, or irrigation drainages.
(3) The lawful destruction of a bird or mammal killed while damaging crops.
(f) No damages may be recovered against a local agency pursuant to this section if civil or administrative penalties are assessed against the local agency for the same detriment pursuant to Division 7 (commencing with Section 13000) of the Water Code.
(g) Any recovery or settlement of money damages, including, but not limited to, civil penalties, arising out of any civil action filed and maintained by the Attorney General in the enforcement of this section shall be deposited by the department in the subaccounts of the Fish and Wildlife Pollution Account in the Fish and Game Preservation Fund as specified in Section 13011.
(h) For purposes of this section, “local agency” includes any city, county, city and county, district, public
authority, or other political subdivision.
(Amended by Stats. 2023, Ch. 132, Sec. 34. (AB 1760) Effective January 1, 2024.)
(a) Except as otherwise provided in this section, it is unlawful to possess a bird, mammal, fish, amphibian, or reptile, that may not be legally sold, in a restaurant or other eating establishment.
(b) This section does not apply to any of the following:
(1) A person who lawfully took or otherwise legally possessed the bird, mammal, fish, amphibian, or reptile.
(2) A person preparing the bird, mammal, fish, amphibian, or reptile for consumption by the person who lawfully took or possessed it, or by that person and others, if the person who took or possessed
it is present on the premises.
(3) A bird, mammal, fish, amphibian, or reptile tagged with a signed statement of the person who took the bird, mammal, fish, amphibian, or reptile stating that person’s name and address, the date taken, and the total number and kind taken.
(Amended by Stats. 2015, Ch. 154, Sec. 48. (AB 1527) Effective January 1, 2016.)
It is unlawful to enter land for the purpose of discharging a firearm or taking or destroying a mammal or bird, including waterfowl, on that land, without having first obtained written permission from the owner, the owner’s agent, or the person in lawful possession of that land, if either of the following is true:
(a) The land belongs to or is occupied by another person and is either under cultivation or enclosed by a fence.
(b) There are signs of any size and wording forbidding trespass or hunting or both displayed along all exterior boundaries of the land, at intervals not less than three to the mile, and at all roads and trails entering the land, including land temporarily
inundated by water flowing outside the established banks of a river, stream, slough, or other waterway, which fairly advise a person about to enter the land that the use of the land is so restricted.
(Amended by Stats. 2015, Ch. 154, Sec. 49. (AB 1527) Effective January 1, 2016.)
It is unlawful to post any sign indicating an area is a state or federal refuge unless it is established by state or federal law, or to post any sign prohibiting trespass or hunting on any land unless authorized by the owner or the person in lawful possession of such lands.
It is unlawful for any person to maliciously tear down, mutilate, or destroy any sign, signboard or other notice forbidding hunting or trespass on land.
(Added by Stats. 1967, Ch. 1187.)
It is unlawful for any person, including state, federal, county, and city officials or their agents, to authorize, offer or pay a bounty for any bird or mammal. This section does not apply to any person with respect to the taking of any bird or mammal on the private property of such person.
(Added by Stats. 1974, Ch. 25.)
It is unlawful to violate any provision of Division 1 (commencing with Section 1.04) of Title 14 of the California Code of Regulations. Violation of such a provision may be charged as a violation of this section or of the specific section of Title 14 provision, and shall be punishable as provided in Section 12000.
(Added by Stats. 2009, Ch. 294, Sec. 10. (AB 1442) Effective January 1, 2010.)
(a) As used in this section “shark fin” means the raw, dried, or otherwise processed detached fin, or the raw, dried, or otherwise processed detached tail, of an elasmobranch.
(b) Except as otherwise provided in subdivisions (c) and (d), it shall be unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin.
(c) Any person who holds a license or permit pursuant to Section 1002 may possess a shark fin or fins consistent with that license or permit.
(d) Any person who holds a license or permit issued by the department to take or land sharks for recreational or commercial purposes may possess a shark fin or
fins consistent with that license or permit.
(Amended by Stats. 2023, Ch. 132, Sec. 35. (AB 1760) Effective January 1, 2024.)
(a) Notwithstanding Section 2021, all of the following provisions apply:
(1) Any person who holds a license or permit issued by the department to take or land sharks for recreational or commercial purposes may possess, including for purposes of consumption or taxidermy, or may donate to a person licensed or permitted pursuant to Section 1002, a shark fin or fins consistent with that license or permit.
(2) Nothing in Section 2021 prohibits the sale or possession of a shark carcass, skin, or fin for taxidermy purposes pursuant to Section 3087.
(b) (1) The Ocean Protection Council shall submit an annual report to the
Legislature that lists any shark species that have been independently certified to meet internationally accepted standards for sustainable seafood, as defined in Section 35550 of the Public Resources Code, and adopted by the Ocean Protection Council pursuant to Section 35617 of the Public Resources Code, including chain of custody standards.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(Amended by Stats. 2023, Ch. 132, Sec. 36. (AB 1760) Effective January 1, 2024.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) “Bona fide educational or scientific institution” means an institution that establishes through documentation either of the following:
(A) Educational or scientific tax exemption, from the federal 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.
(2) “Ivory” means a tooth or tusk from a species
of elephant, hippopotamus, mammoth, mastodon, walrus, warthog, whale, or narwhal, or a piece thereof, whether raw ivory or worked ivory, and includes a product containing, or advertised as containing, ivory.
(3) “Rhinoceros horn” means the horn, or a piece thereof, or a derivative such as powder, of a species of rhinoceros, and includes a product containing, or advertised as containing, a rhinoceros horn.
(4) “Sale” or “sell” means selling, trading, bartering for monetary or nonmonetary consideration, giving away in conjunction with a commercial transaction, or giving away at a location where a commercial transaction occurred at least once during the same or the previous calendar year.
(5) “Total value” means either the fair market value or the actual price paid for ivory or rhinoceros horn, whichever is greater.
(b) Except as provided in subdivision (c), it is unlawful to purchase, sell, offer for sale, possess with intent to sell, or import with intent to sell ivory or rhinoceros horn.
(c) The prohibitions set forth in subdivision (b) do not apply to any of the following:
(1) An employee or agent of the federal or state government undertaking a law enforcement activity pursuant to federal or state law, or a mandatory duty required by federal law.
(2) An activity that is authorized by an exemption or permit under federal law or that is otherwise expressly authorized under federal law.
(3) Ivory or rhinoceros horn that is part of a musical instrument, including, but not limited to, a string or wind
instrument or piano, and that is less than 20 percent by volume of the instrument, if the owner or seller provides historical documentation demonstrating provenance and showing the item was manufactured no later than 1975.
(4) Ivory or rhinoceros horn that is part of a bona fide antique and that is less than five percent by volume of the antique, if the antique status is established by the owner or seller of the antique with historical documentation demonstrating provenance and showing the antique to be not less than 100 years old.
(5) The purchase, sale, offer for sale, possession with intent to sell, or importation with intent to sell ivory or rhinoceros horn for educational or scientific purposes by a bona fide educational or scientific institution if both of the following criteria are satisfied:
(A) The purchase,
sale, offer for sale, possession with intent to sell, or import with intent to sell the ivory or rhinoceros horn is not prohibited by federal law.
(B) The ivory or rhinoceros horn was legally acquired before January 1, 1991, and was not subsequently transferred from one person to another for financial gain or profit after July 1, 2016.
(d) Possession of ivory or rhinoceros horn in a retail or wholesale outlet commonly used for the buying or selling of similar items is prima facie evidence of possession with intent to sell. This evidence does not preclude a finding of intent to sell based on any other evidence that may serve to establish that intent independently or in conjunction with this evidence.
(e) For a violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this
section, the following criminal penalties shall be imposed:
(1) For a first conviction, where the total value of the ivory or rhinoceros horn is two hundred fifty dollars ($250) or less, the offense shall be a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000), or more than ten thousand dollars ($10,000), imprisonment in the county jail for not more than 30 days, or by both the fine and imprisonment.
(2) For a first conviction, where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.
(3) For a second
or subsequent conviction, where the total value of the ivory or rhinoceros horn is two hundred fifty dollars ($250) or less, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000), or more than forty thousand dollars ($40,000), imprisonment in county jail for not more than one year, or by both the fine and imprisonment.
(4) For a second or subsequent conviction, where the total value of the ivory or rhinoceros horn is more than two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000), or more than fifty thousand dollars ($50,000) or the amount equal to two times the total value of the ivory or rhinoceros horn involved in the violation, whichever is greater, imprisonment in county jail for not more than one year, or by both the fine and imprisonment.
(f) In addition to, and separate from, any criminal penalty provided for under subdivision (e), an administrative penalty of up to ten thousand dollars ($10,000) may be imposed for a violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this section. Penalties authorized pursuant to this subdivision may be imposed by the department consistent with all of the following:
(1) The chief of enforcement issues a complaint to any person or entity on which an administrative penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, relevant facts, the provision of law authorizing the administrative penalty to be imposed, and the proposed penalty amount.
(2) The complaint and order is served by personal notice or certified mail and informs the party served that
the party may request a hearing no later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or his or her designee, which designee shall not be the chief of enforcement issuing the complaint and order. A request for hearing shall contain a brief statement of the material facts the party claims support his or her contention that an administrative penalty should not be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives the right to a hearing if no hearing is requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final.
(3) The director, or his or her designee, shall control the nature and order of the hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to
evidence. The director, or his or her designee, shall issue a final order within 45 days of the close of the hearing. A final copy of the order shall be served by certified mail upon the party served with the complaint.
(4) A party may obtain review of the final order by filing a petition for a writ of mandate with the superior court within 30 days of the date of service of the final order. The administrative penalty shall be due and payable to the department within 60 days after the time to seek judicial review has expired or, where the party has not requested a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final.
(g) For any conviction or other entry of judgment imposed by a court for a violation of this section resulting in a fine, the court may pay one-half of the fine, but not to exceed five hundred dollars ($500), to any
person giving information that led to the conviction or other entry of judgment. This reward shall not apply if the informant is a regular salaried law enforcement officer, or officer or agent of the department.
(h) Upon conviction or other entry of judgment for a violation of this section, any seized ivory or rhinoceros horn shall be forfeited and, upon forfeiture, either maintained by the department for educational or training purposes, donated by the department to a bona fide educational or scientific institution, or destroyed.
(i) Administrative penalties collected pursuant to this section shall be deposited in the Fish and Game Preservation Fund and used for law enforcement purposes upon appropriation by the Legislature.
(j) This section does not preclude enforcement under Section 653o of the Penal
Code.
(Amended by Stats. 2016, Ch. 86, Sec. 135. (SB 1171) Effective January 1, 2017.)
(a) For purposes of this section, the following definitions apply:
(1) “Fur” means any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state.
(2) (A) “Fur product” means any article of clothing or covering for any part of the body, or any fashion accessory, including, but not limited to, handbags, shoes, slippers, hats, earmuffs, scarves, shawls, gloves, jewelry, keychains, toys or trinkets, and home accessories and decor, that is made in whole or in part of fur.
(B) “Fur
product” does not include any of the following:
(i) A dog or cat fur product, as defined in Section 1308 of Title 19 of the United States Code, as that section read on January 1, 2020.
(ii) An animal skin or part thereof that is to be converted into leather, which in processing will have the hair, fleece, or fur fiber completely removed.
(iii) Cowhide with hair attached thereto.
(iv) Deerskin, sheepskin, or goatskin with hair attached thereto.
(v) The pelt or skin of an animal that is preserved through taxidermy.
(vi) A product made pursuant to Section 3087 or 4303.
(3) “Taxidermy” means the practice of preparing, stuffing, and mounting the skin, in lifelike form, of any fish, reptile, amphibian, bird, or mammal.
(4) “Ultimate consumer” means a person who buys for their own use, or for the use of another, but not for resale or trade.
(5) “Used fur product” means fur in any form that has been worn or used by an ultimate consumer.
(b) (1) It is unlawful to sell, offer for sale, display for sale, trade, or
otherwise distribute for monetary or nonmonetary consideration a fur product in the state.
(2) It is unlawful to manufacture a fur product in the state for
sale.
(c) The prohibitions set forth in subdivision (b) do not apply to any of the following:
(1) A used fur product.
(2) A fur product used for religious purposes.
(3) A fur product used for traditional tribal, cultural, or spiritual purposes by a member of a federally recognized Native American tribe or a nonfederally recognized California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(4) Any activity expressly authorized by federal law.
(d) A person who sells or trades any used fur product or fur product described in subdivision (c) shall maintain a record of each sale or trade of one of those exempt fur products for at least one year. A person who reports the receipt or purchase of a used fur product or fur product described in subdivision (c) pursuant to Section 21628 of the Business and Professions Code shall be deemed to satisfy this subdivision. A violation of this subdivision is not subject to a criminal or civil penalty.
(e) (1) A person who violates subdivision (b) may be
subject to the following civil penalties:
(A) For the first violation and for a violation that does not meet the requirements of subparagraph (B) or (C), a civil penalty of up to five hundred dollars ($500).
(B) For a violation that occurred within one year of a previous violation, a civil penalty of up to seven hundred fifty dollars ($750).
(C) For a violation that occurred within one year of a second or subsequent violation, a civil penalty of up to one thousand dollars ($1,000).
(2) Each fur product that constitutes a violation of subdivision (b) shall be treated as a separate
violation in a civil action brought pursuant to this section.
(f) (1) In lieu of seeking prosecution of a violation of subdivision (b) as a misdemeanor, the department, the Attorney General, or the city attorney of the city or the district attorney or county counsel of the county in which a violation of subdivision (b) occurs, may bring a civil action to recover the civil penalty in subdivision (e). The civil action shall be brought in the county in which the violation occurs and any penalty imposed shall be transferred to the Controller for deposit in the Fish and Game Preservation Fund in accordance with Section 13001 and
used exclusively for the purposes described in Section 1771 and for the enforcement of this section.
(2) In an action brought under this section, in addition to the penalty specified in subdivision (e), the reasonable costs of investigation, reasonable attorney’s fees, and reasonable expert witness’ fees may also be recovered and those amounts shall be credited to the same operating funds as those from which the expenditures for those purposes were derived.
(g) This section shall become operative on January 1, 2023.
(h) 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. 2019, Ch. 764, Sec. 1. (AB 44) Effective January 1, 2020. Operative January 1, 2023, by its own provisions.)
(a) The Legislature finds and declares all of the following:
(1) Illegal poaching of the state’s native plants is a threat to the state’s biodiversity, can put certain species at risk for extinction, and can negatively impact entire ecosystem functions.
(2) The illicit trade of live plants and animals is a multibillion dollar market responsible for the unwanted transmission of pests and diseases from one country to another.
(3) Dudleya poaching, specifically, has increased dramatically because they have become popular in many Southeast Asian countries,
where a single plant can be sold for up to one thousand dollars ($1,000) on the black market. As a result, some poaching operations have been found to be in possession of thousands of dudleya taken from the state’s forests, mountains, and coastal bluffs.
(4) Some species of dudleya, which already face conservation challenges, such as habitat loss from development or altered wildfire regimes, are endemic to the state and their worldwide distribution is limited to a single county, island, or mountain range.
(5) Protecting dudleya populations from poaching activity is necessary to prevent the loss of species and to promote the conservation of the state’s biodiversity.
(b) For purposes of this section, “dudleya” means a
succulent plant that belongs to the genus Dudleya and referred to commonly as “live-forevers” or “dudleya” that is native to California and grows in natural habitats.
(c) Except as provided in subdivision (e), it is unlawful to uproot, remove, harvest, or cut dudleya from land owned by the state or a local government or from property not their own without written permission from the landowner in their immediate possession.
(d) It is unlawful to sell, offer for sale, possess with intent to sell, transport for sale, export for sale, or purchase dudleya uprooted, removed, harvested, or cut in violation of subdivision (c).
(e) A person who holds a license or permit pursuant to Section 1002 may take dudleya
consistent with that license or permit.
(f) Notwithstanding Section 12000, for a violation of this section, or any rule, regulation, or order adopted pursuant to this section, the following criminal penalties shall be imposed:
(1) For a first conviction, where the total value is two hundred fifty dollars ($250) or more, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000), imprisonment in the county jail for not more than
six months, or by both the fine and imprisonment.
(2) For a second or subsequent conviction, the offense shall be a misdemeanor punishable by a fine of not less than ten thousand dollars ($10,000) and not more than five hundred thousand dollars, ($500,000), imprisonment in the county jail for not more than six months, or by both the fine and imprisonment.
(g) In addition to, and separate from, any criminal
penalty provided for under subdivision (f), where applicable, the cost of replanting any dudleya forfeited pursuant to subdivision (h), may be imposed by the court.
(h) Upon conviction or other entry of judgment for a violation of this section, any seized dudleya shall be forfeited to the department.
(i) Notwithstanding Section 802 of the Penal Code, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.
(Added by Stats. 2021, Ch. 370, Sec. 1. (AB 223) Effective January 1, 2022.)