Chapter 6Damages from Poaching and Illegal Sales

Section § 500

Explanation

This section instructs the commission to create guidelines for setting civil penalties when fish and wildlife laws are broken. These guidelines will help determine fines based on the severity of the violation and aim to deter illegal activities impacting California's natural resources. The fines should reflect the extent of the damage caused and the individual's responsibility, with exceptions for smaller violations involving fish or wildlife worth less than $400. For such minor offenses, the fine should not exceed the lesser of the maximum criminal fine or $10,000. Importantly, this law does not apply to setting a monetary value for wildlife in development projects or other governmental activities, nor does it cover civil damages recovery under a different section.

(a)CA Fish and Game Code § 500(a) The commission shall, by regulation, adopt guidelines to assist the director and the department in ascertaining the amount of civil penalties to be imposed pursuant to Section 2582 or 2583. The guidelines may include monetary amounts or ranges of monetary amounts that the commission finds are adequate to deter illegal actions and partially compensate the people of California for losses to the fish and wildlife resources from illegal transactions described in Section 2582 or 2583 for profit or personal gain.
(b)CA Fish and Game Code § 500(b) If the violation involves birds, mammals, amphibians, reptiles, or fish with a value in the aggregate of less than four hundred dollars ($400) and involves only the transportation, taking, or receipt of fish or wildlife taken or possessed in violation of this code, the guidelines shall provide that the civil penalty shall not exceed the maximum criminal fine provided by law for the violation in this code or ten thousand dollars ($10,000), whichever is less. For purposes of this section, “value” means the retail market value if a market value exists, the potential monetary gain to the accused or, for commercial species, the established retail market value.
(c)CA Fish and Game Code § 500(c) The guidelines shall include consideration of the nature, circumstances, extent, and gravity of the prohibited acts committed, and the degree of culpability of the violator, including lesser penalties for acts which have little significant effect upon the resources and greater penalties for acts which may cause serious injury to the resources.
(d)CA Fish and Game Code § 500(d) Nothing in this chapter or in Chapter 6.5 (commencing with Section 2580) of Division 3 shall be used to establish a monetary value for fish or wildlife resources in connection with any development, project, or land or water use plan or activity as permitted by any federal, state, or local governmental activity. This chapter does not apply to any action brought to recover civil damages under Section 2014.
civil penalties wildlife violations illegal transactions fish and wildlife resources penalty guidelines monetary compensation wildlife value retail market value violation severity culpability deterrence lesser penalties greater penalties minor offenses natural resources protection
(Added by Stats. 1988, Ch. 1059, Sec. 3.)