Chapter 6.5Control of Illegally Taken Fish and Wildlife
Section § 2580
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.
Section § 2581
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.
Section § 2582
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.
Section § 2583
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.
Section § 2584
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.
Section § 2585
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.
Section § 2586
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.
Section § 2587
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.
Section § 2588
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.
Section § 2589
This law section allows the commission and the department to create any necessary rules to effectively manage their duties as outlined in this chapter.