Section § 2580

Explanation

This section of the law provides definitions for key terms used in the chapter. It defines a 'Qualified hearing officer' as a California-licensed attorney with expertise in fish and wildlife law. It also defines 'Transport' as any method of moving or receiving goods for the purpose of transportation.

The definitions in this section govern the construction of this chapter.
(a)CA Fish and Game Code § 2580(a) “Qualified hearing officer” means an attorney admitted to the State Bar of California who is knowledgeable in fish and wildlife law.
(b)CA Fish and Game Code § 2580(b) “Transport” means to move, convey, carry, or ship by any means, or to deliver or receive for the purpose of movement, conveyance, carriage, or shipment.

Section § 2581

Explanation

This law states that if you lose any bird, mammal, amphibian, reptile, or fish, this specific chapter doesn't apply if the loss happens because of certain legal activities. These activities include lawful forestry practices, legal agricultural practices, and any development or maintenance activities that are done under a permit from government agencies like the federal or state government, or local authorities.

If the loss is lawful under this code and regulations adopted under this code, this chapter does not apply to the loss of any bird, mammal, amphibian, reptile, or fish as a result of any of the following acts:
(a)CA Fish and Game Code § 2581(a) Implementing lawful forestry practices.
(b)CA Fish and Game Code § 2581(b) Implementing lawful agricultural practices.
(c)CA Fish and Game Code § 2581(c) Any development or maintenance activity carried out pursuant to the terms of a permit issued by the federal government, the state, or any city, county, or district, or any agency thereof.

Section § 2582

Explanation

This section allows the department to impose penalties on people who illegally deal with wildlife and plants, especially if they do it for money or personal gain. It covers a range of illegal activities including buying, selling, importing, exporting, and possessing various animals, plants, and endangered species. The law also targets those helping others in illegal activities, making false records about wildlife, and failing to keep necessary paperwork. Additionally, it sets penalties for dealing with improperly labeled packages in interstate commerce.

(a)CA Fish and Game Code § 2582(a) The department may impose an administrative penalty upon any person pursuant to this chapter for any of the following acts done for profit or personal gain:
(1)CA Fish and Game Code § 2582(a)(1) Unlawfully export, import, transport, sell, possess, receive, acquire, or purchase, or unlawfully assist, conspire, or aid in the importing, exporting, transporting, sale, possession, receiving, acquisition, or purchasing of, any bird, mammal, amphibian, reptile, or fish which are taken or possessed in violation of this code or the regulations adopted pursuant to this code.
(2)CA Fish and Game Code § 2582(a)(2) Unlawfully export, import, transport, sell, possess, receive, acquire, or purchase, or unlawfully assist, conspire, or aid in the importing, exporting, transporting, sale, possession, receiving, acquisition, or purchasing of any plants, insects, or other species listed pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050)), which are taken or possessed in violation of this code or the regulations adopted pursuant to this code.
(3)CA Fish and Game Code § 2582(a)(3) Unlawfully export, import, transport, sell, possess, receive, acquire, or purchase any bird, mammal, amphibian, reptile, or fish, or any endangered or threatened species, or any fully protected bird, mammal, or fish which has been taken, possessed, transported, or sold in violation of this code or the regulations adopted pursuant to this code.
(4)CA Fish and Game Code § 2582(a)(4) Unlawfully possess any bird, mammal, amphibian, reptile, or fish, or any endangered or threatened species, or any fully protected bird, mammal, or fish which has been taken, possessed, transported, or sold in violation of this code or any regulations adopted pursuant to this code within the maritime and territorial jurisdiction of the state or within the portions of the special maritime jurisdiction of the United States upon which the State of California exercises concurrent jurisdiction, either by statute, deputization, or by contract with the United States.
(5)CA Fish and Game Code § 2582(a)(5) Having exported, imported, transported, sold, purchased, or received any bird, mammal, amphibian, reptile, or fish, or any endangered or threatened species, or any fully protected bird, mammal, or fish, unlawfully make or submit any false record, account, label, or identification thereof.
(6)CA Fish and Game Code § 2582(a)(6) Attempt to commit any unlawful act, or unlawfully attempt to commit any act, described in paragraphs (1) to (5), inclusive.
(b)CA Fish and Game Code § 2582(b) The department may impose an administrative penalty upon any person pursuant to this chapter for unlawfully exporting, importing, possessing, receiving, or transporting in interstate commerce any container or package containing any bird, mammal, amphibian, reptile, or fish, or any endangered or threatened species, or any fully protected bird, mammal, or fish unless the container or package has previously been plainly marked, labeled, or tagged in accordance with this code and the regulations adopted pursuant to this code.
(c)CA Fish and Game Code § 2582(c) The department may impose an administrative penalty upon any person pursuant to this chapter for any unlawful failure or refusal to maintain any records or paperwork as required by this code.

Section § 2583

Explanation

This law states that if someone violates wildlife protection rules by unlawfully handling animals like birds, mammals, amphibians, reptiles, or fish, they can face an administrative fine. The fine can be up to $10,000 for each animal involved, including endangered or fully protected species. However, before these fines are implemented, guidelines need to be set by a commission. This penalty can be in addition to other punishments under the law.

(a)CA Fish and Game Code § 2583(a) Except as provided in subdivision (b), any person who violates this code or any regulation adopted to carry out this code, and, with the exercise of due care, should have known that the birds, mammals, amphibians, reptiles, or fish, or the endangered or threatened species, or the fully protected birds, mammals, or fish were taken, possessed, transported, imported, received, purchased, acquired, or sold in violation of, or in a manner unlawful under, this code, may be assessed an administrative penalty. The administrative penalty imposed under this chapter by the department shall not be more than ten thousand dollars ($10,000) for each bird, mammal, amphibian, reptile, or fish, or for each endangered or threatened species, or each fully protected bird, mammal, or fish unlawfully taken, possessed, transported, imported, received, purchased, acquired, or sold. This administrative penalty may be in addition to any other penalty, civil or criminal, provided in this code or otherwise by law.
(b)CA Fish and Game Code § 2583(b) No administrative penalties shall be imposed under this chapter until the guidelines for the imposition of the penalties are adopted by the commission pursuant to Section 500.

Section § 2584

Explanation

This section outlines the procedures for handling violations under the jurisdiction of the California Department related to Sections 2582 or 2583. If a violation occurs, the department discusses possible civil or criminal actions with the local district attorney and seeks approval from the Attorney General before filing a civil case. If administrative penalties are warranted, the director can issue a complaint detailing the violations and proposed penalties. The person involved has the right to a hearing within 60 days, or they can waive this right, in which case penalties are finalized as proposed.

A qualified officer or board will conduct the hearing according to specified procedures, evaluating evidence and making a decision on the facts of the case and penalties. The director can either enforce, reduce, or dismiss the penalties, with input from the hearing board if necessary. Once finalized, penalties must be paid within 30 days, although the decision can be challenged in court. Finally, once all legal actions are concluded, the case records become public.

(a)CA Fish and Game Code § 2584(a) Upon an actionable violation, the department shall consult, as to the appropriate civil or criminal remedy, with the district attorney in the jurisdiction where the violation was alleged to have occurred. Before proceeding with a civil action, the department shall seek the concurrence of the Attorney General.
(b)CA Fish and Game Code § 2584(b) The director, after investigation of the facts and circumstances, may issue a complaint to any person on whom an administrative penalty may be imposed pursuant to Section 2582 or 2583. The complaint shall allege the acts or failures to act that constitute a basis for an administrative penalty and the amount of the proposed administrative penalty. The complaint shall be served by personal service or certified mail and shall inform the person so served that a hearing shall be conducted within 60 days after the person has been served, unless the person waives the right to a hearing. If the person waives the right to a hearing, the department shall issue an order setting the penalty in the amount proposed in the complaint. If the person has waived the right to a hearing or if the department and the person have entered into a settlement agreement, the order shall be final.
(c)CA Fish and Game Code § 2584(c) If the director issues a complaint pursuant to subdivision (a), the director shall appoint a qualified referee or hearing board, composed of one or any combination of the following persons:
(1)CA Fish and Game Code § 2584(c)(1) A qualified hearing officer, as defined in subdivision (a) of Section 2580.
(2)CA Fish and Game Code § 2584(c)(2) A retired judge of the superior court who is knowledgeable in fish and wildlife law.
(3)CA Fish and Game Code § 2584(c)(3) A qualified neutral referee, appointed upon petition to the superior court in which the violation was alleged to have occurred.
(d)CA Fish and Game Code § 2584(d) Any hearing required under this section shall be conducted by the appointed referee or hearing board according to the procedures specified in Sections 11507 to 11517, inclusive, of the Government Code, except as otherwise provided in this section. In making a determination, the appointed referee or hearing board may consider the records of the department in the matter, the complaint, and any new facts brought to the attention of the referee or hearing board by the person served with the complaint. The appointed referee or hearing board shall be the sole trier of fact as to the existence of a basis for liability under Section 2582 or 2583. The appointed referee or hearing board shall make the determination of the facts of the case and shall prepare and submit the proposed decision, including a recommended penalty, to the director for the director’s review and assistance in the penalty assessment process. The proposed decision is a public record and shall be served upon the person. The director may approve the proposed decision in its entirety, or the director may reduce the proposed penalty and adopt the balance of the proposed decision.
(e)CA Fish and Game Code § 2584(e) The director may assess the recommended administrative penalty, reduce the amount of the recommended penalty, or not impose any administrative penalty, based upon the nature, circumstances, extent, and gravity of the prohibited acts alleged, and the degree of culpability of the violator, or the director may enter into a settlement agreement with the person served with the complaint in the best interests of the state or confirm the amount of administrative penalties contained in the complaint. If the director reduces the amount of the administrative penalty, does not impose the administrative penalty, or enters into a settlement agreement, the director shall seek the recommendation of the appointed referee or hearing board and enter into the records of the case the reasons for that action, including the recommendation of the appointed referee or hearing board. The decision of the director assessing the administrative penalty is final.
(f)CA Fish and Game Code § 2584(f) Upon the final assessment of the administrative penalty, the department shall issue an order setting the amount of the administrative penalty to be imposed. An order setting the amount of an administrative penalty under this section becomes effective and final upon the issuance of the order, and payment shall be made within 30 days of issuance. Copies of the order shall be served by personal service or by certified mail upon the person served with the complaint and upon other persons who appeared before the director and requested a copy. Copies of the order shall be provided to any person within 10 days of receipt of a written request from that person.
(g)CA Fish and Game Code § 2584(g) Within 30 days after service of a copy of an order setting the amount of the administrative penalty, any person so served may file with the superior court a petition for a writ of mandate for review of the order. In all proceedings pursuant to this subdivision, the court shall exercise its independent judgment on the evidence in the whole record. The filing of a petition for a writ of mandate shall not stay any other civil or criminal action.
(h)CA Fish and Game Code § 2584(h) The records of the case, after all appeals are final, are public records, as defined in Section 7920.530 of the Government Code.

Section § 2585

Explanation

This law section states that any administrative penalties given under this chapter are additional to any loss of equipment as outlined in Section 12157 or forfeiture of wildlife such as birds, mammals, amphibians, reptiles, or fish as described in Section 12159.

The administrative penalties imposed under this chapter are in addition to any forfeiture of equipment pursuant to Section 12157 or forfeiture of birds, mammals, amphibia, reptiles, or fish pursuant to Section 12159.

Section § 2586

Explanation

This law allows the director to give rewards to people who provide information leading to arrests, convictions, fines, or property confiscations related to violations of this code. The reward's amount is decided with the CalTIP Award Board's input.

However, this law does not cover actions to get damages under Section 2014.

(a)CA Fish and Game Code § 2586(a) The director may pay a reward from any funds available for that purpose to any person who furnished information which led to an arrest, a criminal conviction, an order of assessment of an administrative penalty, or for forfeiture of property for any violation of this code or any regulation adopted pursuant to this code. The amount of reward, if any, shall be designated by the director with the advice of the CalTIP Award Board.
(b)CA Fish and Game Code § 2586(b) This chapter does not apply to any action brought to recover damages under Section 2014.

Section § 2587

Explanation

This law allows the department to hire or appoint its own lawyers to handle civil lawsuits related to this chapter, even if there's normally a different rule in place about legal representation. If the department wants to recover administrative penalties for violations, they must start the legal process within three years after they find out about the violation.

(a)CA Fish and Game Code § 2587(a) Notwithstanding Section 12511 of the Government Code, the department may retain or appoint legal counsel to prepare and prosecute civil actions under this chapter.
(b)CA Fish and Game Code § 2587(b) Any action to recover administrative penalties imposed under this chapter shall be commenced within three years after discovery of the commission of the offense.

Section § 2588

Explanation

This law mandates that any fines and money collected from breaches related to this chapter must be placed into the Fish and Game Preservation Fund.

All administrative penalties and revenues from forfeitures collected pursuant to this chapter shall be deposited in the Fish and Game Preservation Fund.

Section § 2589

Explanation

This law section allows the commission and the department to create any necessary rules to effectively manage their duties as outlined in this chapter.

The commission and the department may adopt regulations as are necessary to carry out their responsibilities under this chapter.