Chapter 1General Provisions
Section § 12000
Section 12000 of the California Fish and Game Code states that violating any part of this code or any related rules, regulations, or orders is usually a misdemeanor. However, some specific violations can be treated as either an infraction, which is less serious and involves fines between $100 and $1,000, or a misdemeanor. These include violations of specific sections and regulations, such as those related to fishing licenses or operations, among others.
If someone breaks certain specific rules, it's usually considered a less serious infraction, unless it involves repeat offenses or particular circumstances, such as having a previous conviction within two years or engaging in commercial fishing without a proper license. In those cases, it remains a misdemeanor and could lead to harsher penalties.
Section § 12001
If someone hunts or captures birds or mammals against specific orders from Section 12150, they can be charged with a serious crime called a felony.
Section § 12001.5
If someone is convicted of certain wildlife-related offenses and has previous convictions for similar offenses, the court can require them to take a hunter education course and do community service. The amount of community service depends on the number of past convictions: up to 200 hours for one previous conviction and up to 300 hours for two or more. This applies to violations related to specific activities like illegal hunting or the sale of bear parts.
Section § 12002
This section explains the penalties for violations of the Fish and Game Code. Generally, a misdemeanor can result in a fine up to $1,000 and/or up to six months in jail. However, certain specified violations can lead to fines up to $2,000 and/or up to one year in jail. More serious offenses can result in fines up to $5,000, along with potential jail time.
Additionally, if someone fails to appear in court or pay a fine related to these violations, their permits or licenses related to fish and game activities will be suspended or revoked until they resolve the issue. Certain sections, such as Sections 1052 and 1059, are exempt from this rule.
Section § 12002.1
This law states that if you're caught hunting a mammal or bird without the required license, tag, seal, or stamp, or during a prohibited season, you could face a fine between $250 and $2,000, jail time of up to a year, or both. In some cases, the punishment could be even more severe depending on other laws.
However, if you can show the court that you had a valid license, tag, seal, or stamp at the time of your arrest, and everything else about your hunting was legal, the penalty might be reduced to a smaller fine ranging from $50 to $250.
Section § 12002.10
This law is about what happens when someone is charged with violating the rules for commercial abalone fishing, which could lead to losing their fishing license or permit. If a court takes more than 90 days to settle the issue, the fishing department can temporarily suspend the license. However, before suspending a permit, the person should be notified and given a chance for a hearing. The hearing will determine if enough evidence exists to warrant a suspension and if it's in the public interest.
If the person is found not guilty or charges are dropped, the suspension ends. A complaint for a violation can only be filed if a prosecutor reviews the evidence and issues a criminal complaint.
Section § 12002.11
If a person is convicted twice or more of violating a specific rule related to Section 3087, within a five-year span, they are banned from engaging in certain activities listed under that section for three years following the last conviction.
Section § 12002.2
This law explains the penalties for not displaying a required license according to Section 7145. For a first offense, the fine is between $100 and $1,000. If you have a previous conviction for the same violation within five years, the fine is between $250 and $1,000. However, if you can prove you had a valid license at the time and your activities were otherwise legal, the fine may be reduced to $25. If you have a lifetime sport fishing license and show it in court, the charge may be dropped. You cannot be charged with both not having a license and not displaying a license for the same incident.
Section § 12002.3
This law outlines the penalties for illegal activities involving fish, specifically focusing on transactions with fish caught by licensed individuals. If someone sells, buys, or receives fish illegally, the fine ranges from $2,000 to $7,500. However, if the violation involves abalone, the fines increase significantly, between $15,000 and $40,000. Lastly, if someone knowingly buys or receives fish for commercial purposes, the fines are between $7,500 and $15,000.
Section § 12002.4
This law states that the registration of a commercial passenger fishing boat can be revoked or suspended for up to one year if there's a conviction related to illegal activities involving the boat. If someone who works for the registrant or is directed by them is found guilty of violating specific fishing regulations, the boat's registration could be impacted. Additionally, if someone else is caught breaking the same rules with that boat and has a history of similar violations in the last three years, the same penalty applies. However, if the violation happened without the knowledge of the boat's master or those in charge, the registration will not be revoked.
Section § 12002.5
This law states that breaking the rules under Section 1764 is considered an infraction, not a misdemeanor, meaning it's treated less seriously and involves only a fine between $100 and $500. If the person gets probation, they must pay at least the minimum $100 fine.
Additionally, if someone provides a valid wildlife area pass in court, their fine can be reduced to $50.
Section § 12002.6
If someone is found guilty of breaking certain fishing laws twice in three years, the commission can suspend or revoke their commercial boat license for up to one year. This applies if the offenses are related to the registered boat and were committed by either the owner or someone working for or directed by them. This rule only kicks in if both violations involve the same boat.
Section § 12002.7
If the captain (master) of a commercial fishing vessel or someone under their command is convicted of certain fishing violations, their fishing license can be suspended or revoked for up to a year. This only applies if the violation occurred under the captain's direction. If the violation happened without the captain's involvement or knowledge, then their license won't be affected.
The law makes it clear that the vessel's master is the person responsible for the ship while onboard.
Section § 12002.8
This law mandates the permanent revocation of a commercial fishing license and permits for anyone convicted of taking or possessing abalone illegally, either out of season or from unauthorized areas. If someone is caught with more than 12 abalone that are undersized or removed from their shells illegally, the same penalty applies. Additionally, anyone penalized under these rules cannot get a license or permit for fishing in the future.
Furthermore, the license of a master in charge of a fishing vessel can be suspended for up to a year if they or their crew are convicted twice within three years for certain fishing violations. The suspension only occurs if the violations are tied to actions under the master's control.
Section § 12002.9
This law states that if someone with a specific fishing license is found guilty of breaking certain fishing rules (mentioned in Sections 7121, 7364, 7370, 8372, or 8373), their license will be suspended for at least seven days and up to 30 days. Every day someone illegally has a certain kind of fish, or every illegal transaction involving buying or selling these fish by a wholesale fish dealer, counts as a separate violation.
Section § 12003
This law states that if a person commits a second or later violation of Section 8670, they can be fined between $2,000 and $4,000, or they could face up to one year in county jail, or they might receive both the fine and the jail time.
Section § 12003.1
This law states that if someone knowingly and intentionally takes more fish, birds, or mammals than allowed, doesn't follow size or sex rules for these animals, or removes only certain parts like antlers or feathers, they'll face fines. For a first violation, the fine is at least $250. For a second violation, the fine goes up to at least $500, plus at least 30 days in jail. However, the court can choose probation instead of jail time if it serves justice better.
If probation is granted, the offender might need to do up to 100 hours of community service related to natural resources, which should not interfere with work or school. They must also take a hunter safety course, paying for it themselves.
Section § 12003.2
If someone breaks the rules outlined in Section 4500 or 4700, they can be fined up to $25,000 for each illegal action. They may also face jail time as mentioned in other related sections, or they could get both the fine and the jail time.
Section § 12003.5
This law outlines the penalties for violating certain sections related to commercial fishing activities. For a first-time violation, there is a fine ranging from $1,000 to $5,000, along with a six-month suspension of any commercial fishing licenses, permits, or stamps. For a second or further offenses, the fine increases to between $2,500 and $10,000, with a one-year suspension. If the person is put on probation for such a violation, they must pay at least the minimum fine as a condition of their probation.
Section § 12004
This section outlines penalties for violating specific fishing laws in California. If it's your first offense, you could be fined up to $5,000, face up to six months in county jail, lose your fishing license, or a mix of these punishments.
For a second or later offense within five years, the penalties increase to a fine up to $10,000, up to a year in jail, or imprisonment under more severe conditions, and you might also lose your license again, or face any combination of these penalties.
Section § 12005
This law sets penalties for illegally selling, buying, or possessing bear parts in California. If someone has a single bear part, like claws or teeth, they face a $250 fine, plus an extra fine up to $5,000 and possibly up to a year in jail. For two bear gallbladders, if the person gets probation, they must serve at least 30 days in jail. Holding three or more bear gallbladders results in similar initial fines, but the additional fine can go up to $10,000, with a minimum of three months in jail if probation or sentence suspension is granted. Separate violations result in consecutive sentences.
Section § 12005.5
This law states that if someone breaks specific sections (3003.1 or 3003.2) or any related rule or regulation, they can be fined between $300 and $2,000. They might also face up to a year in county jail, or both a fine and jail time. The fines and penalties can be increased by the Legislature but not decreased.
Section § 12006
This law outlines the penalties for violations related to Sections 7370 and 8254. For Section 7370 violations, you can face a fine between $5,000 and $10,000, up to one year in jail, or both. For Section 8254 violations, the fine is the same, but jail time can't exceed six months, or you could face both penalties.
Additionally, if convicted, any commercial fishing licenses you hold will be permanently revoked. Your sport fishing license might also be permanently revoked. The court can seize and potentially forfeit any gear, vessels, or vehicles used in the violation. Lastly, half of the money from fines and forfeitures helps fund the department's Special Operations Unit for law enforcement activities.
Section § 12006.6
If someone breaks the rules about abalone fishing in areas closed for commercial purposes and is caught with more than 12 abalone or over the yearly limit, they're facing serious penalties. This includes a hefty fine ranging from $15,000 to $40,000.
Additionally, the person's commercial fishing license and permits will be permanently revoked, and they won't be allowed to get any fishing licenses in the future. They also can't sell, transfer, or use their license for anything else until their case is resolved.
Any gear, boats, or vehicles used in the illegal activity will be seized and confiscated as well. Finally, at least half of the fines collected will help fund law enforcement efforts in the Wildlife Protection Division.
Section § 12007
This law states that if you violate certain environmental regulations repeatedly on the same project, or break specific laws involving wildlife and habitat conservation, you could face a fine up to $5,000, up to one year in county jail, or both. It applies to specific sections related to streambed alterations and other wildlife regulations.
Section § 12008
This section states that if you break certain specific wildlife and animal protection laws, you could face a maximum fine of $5,000, up to one year in county jail, or both. These laws include provisions that start at Section 2050, Section 3511, provisions starting at Section 4700, provisions starting at Section 5050, and Section 5515. There's an exception if another law, specifically Section 597 of the Penal Code, provides a different punishment.
Section § 12008.1
This law section specifies penalties for violating Section 2080 or 2085, which includes a hefty fine between $25,000 and $50,000, up to a year in county jail, or both. It also dictates how the money from these fines should be distributed. Half of the collected fines go into the Endangered Species Permitting Account, while the other half goes to the county treasury where the violation occurred.
The law ensures that the county first uses the money to cover the costs of investigating and prosecuting these violations. Any leftover funds can be used according to another section, Section 13103.
Section § 12008.5
If someone illegally hunts a bighorn sheep, they can be fined up to $2,000, imprisoned for up to a year, or both.
Section § 12009
If someone violates the rules about catching abalone, they can be fined between $15,000 and $40,000 and jailed for up to a year. The court will also permanently take away any related fishing licenses they have. The equipment used in the crime, like boats or fishing gear, can be seized and possibly forfeited. The person can't transfer or use their commercial license for financial deals until the case is settled.
Any fine or forfeiture money from illegally catching abalone for non-profit reasons is split: half goes to the Abalone Restoration and Preservation Account, and the other half goes to the county where the violation happened.
Section § 12010
This law states that if someone violates Section 3503.5 by harming a bird-of-prey that is endangered, threatened, fully protected, or bred from those taken from the wild, they can face a fine up to $5,000, up to a year in county jail, or both penalties.
Section § 12011
If you’re convicted of illegally discharging materials under certain environmental laws, you can face extra fines. First, you might pay up to $10 for every gallon or pound of material released, but this is lessened if you clean up the mess properly. Second, you'll cover costs for cleanup and environmental damage. Third, if the state or local agency has to step in because you didn’t clean up, you’ll pay the agency’s costs on top of any cleanup you did.
These fines don't apply if the discharge follows the rules of certain pollution permits.
Section § 12012
This law makes it a crime to illegally take, possess, buy, sell, or trade animals like birds, fish, and mammals for profit or personal gain. If you break this law, you could face a fine between $5,000 and $40,000, jail time, or both. Repeat offenders give higher penalties, with fines ranging from $10,000 to $50,000.
Some repeat violations involving specific sections of the law can lead to fines of up to $50,000, jail time, or both. Legal action must be started within three years of the offense. This law does not apply to commercial fishing with proper licenses.
Half the fines collected go to a special fund for law enforcement, and the other half supports local county law enforcement efforts, reimbursing costs related to investigations and prosecutions.
Section § 12012.5
This law states that if someone with a commercial fishing license illegally catches fish or engages in fishing activities in a marine protected area, they can face serious consequences. These could include a fine between $5,000 and $40,000, up to a year in county jail, or both.
If someone violates this law again within 10 years of a prior conviction, they face even harsher penalties. These include potential suspension of their fishing license, fines from $10,000 to $50,000, and up to a year in jail, or a combination of these punishments.
Additionally, individuals whose licenses are suspended can appeal to the commission, which will consider various factors like the nature of the violation and its impact on natural resources before deciding whether to restore their license.
Finally, any prosecution under this law must start within three years of the offense.
Section § 12013
If someone illegally captures or holds more than three times the allowed limit of fish, reptiles, birds, amphibians, or mammals, they face hefty fines between $5,000 and $40,000 or possibly up to one year in jail. Repeated offenders face even larger fines and the same jail time. Also, anyone who maliciously harms these animals is subject to similar penalties unless the activity is lawful, like hunting or fishing.
However, sharing or possessing legally caught animals within legal limits is allowed, even for migratory birds at a person's home, as long as they're not required to be tagged under federal law. This section ensures part of the fines collected benefit the local county, helping to cover legal costs and other expenses.
Section § 12013.3
This law sets the penalties for illegal hunting of certain animals, including trophy deer, elk, antelope, bighorn sheep, and wild turkey. If someone is convicted of these violations, they face fines between $5,000 and $40,000 for animals like deer, elk, antelope, and bighorn sheep, or $2,000 to $5,000 for wild turkeys. They may also face up to a year in county jail. These penalties apply to specific hunting violations, such as hunting out of season or without the proper license.
The law requires the commission to create regulations that define what makes an animal a 'trophy' and determine their monetary value based on characteristics like size. Money from fines goes into special accounts to support big game and upland game bird conservation.
Additionally, half of the fines collected are given to the county where the violation happened, with priority given to covering legal costs before using any remaining funds for other purposes.
Section § 12013.5
This law states that if someone is caught using a signal-emitting device, like one that uses radio or cellular signals, to illegally hunt bears for selling or trading bear parts, they'll face a $10,000 fine for each bear part involved. This is on top of any other legal penalties.
The money collected from these fines is directed into a special fund for managing big game, which includes species like bears. Half of the fine money goes to the county where the crime happened, first to cover legal costs for prosecuting the offense, with any leftover funds used as permitted by other laws.
Section § 12014
This law explains what happens after someone doesn't appeal an administrative penalty. Once the appeal period ends, the department can ask a court clerk to issue a judgment to collect the penalty. For this, they need to provide a certified copy of the penalty order and any related decisions or settlements. The judgment then has the same power as a civil court judgment and can be collected like any other court judgment.
Section § 12015
This section emphasizes that cleaning up pollution quickly is a priority in California to protect both people and the environment. If someone causes pollution or obstruction in state waters, they are required to clean it up or pay for the cleanup.
Before spending state funds, officials will try to get the responsible person to handle the cleanup, especially if they can do it quickly and effectively. If the responsible party is unknown or can't perform the cleanup, the state will use specific funds to address the issue, including emergency reserve funds or the Fish and Wildlife Pollution Account.
Section § 12016
This law states that if someone releases or deposits harmful substances into California waters that could harm fish, plants, birds, animals, or their habitats, they are financially responsible. This includes covering all actual damage costs and any reasonable expenses related to cleaning up or reducing the substance's impact.
However, if the discharge is legally permitted or authorized, it is not considered a violation under this law.
Section § 12017
This law dictates how money from certain recoveries and settlements related to pollution should be managed. Recoveries specified in various sections are deposited into the Fish and Wildlife Pollution Account. Funds in this account are continually available to the department for purposes like cleaning up pollutants, planning responses, assessing environmental damage, valuating resources economically, and restoring polluted sites. If there is over $1 million in the account as of July 1 each year, extra funds can be used to preserve California's plants, wildlife, and fisheries. The account can also cover cleanup costs if responsible parties don't pay and there's no money from an emergency reserve. The department can hire consultants for damage assessment during hazardous material events without following usual public contract rules.
Section § 12020
If someone is charged with breaking a law or regulation and then intentionally fails to show up in court or where they are supposed to pay bail, they can be charged with a misdemeanor. This holds true no matter what happens with the original charge that led to their arrest.
Section § 12021
If someone is fined for breaking a law under the Fish and Game Code in California, an extra $15 penalty is added to their fine. This extra penalty helps fund the Fish and Game Preservation Fund. However, this extra charge only applies once per case and does not apply to certain violations, like some types of fishing license offenses.
Section § 12023
This law says that if someone uses an aquatic nuisance species, which is a harmful water organism, to break certain rules, they can be charged with a misdemeanor. This can result in jail time from six months to a year, a fine up to $50,000, or both. Such a person will also lose any licenses and permits they have related to this law.
If the violation causes damage to public or private property, the person is responsible for all damages, including to fisheries or communities relying on them for income. Both the Attorney General and private citizens can sue for those damages. Additionally, if an aquatic nuisance species from someone's property invades another property, they are liable for the damage caused.
The law does not apply to live fish or aquatic plants moved by ballast water from ships, and also does not apply if someone didn't know they had an aquatic plant attached to their boat or trailer.
Section § 12024
This law makes a person responsible for costs if they violate regulations by using an invasive or harmful water species. These costs include anything needed to respond, treat, or fix the problem, and the person must pay them as if they were a debt. It can be collected by any government body or private party who spent money addressing the issue.
If multiple public agencies handle the violation, they can choose one agency to recover all expenses. Recovery actions can also include costs related to accounting, administration, legal procedures, and communication efforts needed to address the violation.
Section § 12025
California law imposes civil penalties on individuals who produce or cultivate cannabis on public land, trespass, or use private land with permission. If caught, the fines for each violation can range from $8,000 to $40,000, depending on the specific law broken. These penalties add to any other legal repercussions already in place. Violations on land managed by agencies like the Department of Parks and Recreation or the United States Forest Service incur higher penalties. The funds collected from these penalties are used for land restoration and reimbursing investigation costs. Administrative penalties can be issued with an option for a hearing, and a process for appeal is provided.
Section § 12025.1
This law section outlines additional penalties for violating a certain environmental regulation, specifically Section 5901. If you're found guilty of this violation, you could face a civil fine of up to $8,000 for each day the violation continues without attempting to fix it after being notified. The penalties collected aren't considered regular fines and are divided differently depending on whether the violation involves the cultivation of controlled substances. For non-drug-related violations, the money is split between local counties, the investigating agency, and a fund that supports conservation efforts. For drug-related violations, the money is allocated according to specific rules. The statute also allows the department to impose these penalties administratively and requires emergency regulations to be adopted to carry out these rules promptly. A 'controlled substance' is defined using another section of health law.
Section § 12025.2
This law allows the director or their representative to file a formal complaint against a person or group if they're believed to have broken certain Water Code regulations that damage fish and wildlife. The complaint must follow specific rules set out in the Water Code, and the department will be involved as a party in any related proceedings before the State Water Resources Control Board.
Section § 12026
If you provide evidence or information that helps arrest and convict someone guilty of using an aquatic nuisance species, you can receive a reward of up to $50,000 from the department.
Section § 12028
This law recognizes that poaching and other wildlife violations are on the rise and harm fish, wildlife, and their habitats, which are meant to be protected for public benefit. To combat this, it emphasizes the need for cooperation among the department, law enforcement, and courts to effectively enforce and prosecute these offenses.
The law suggests forming an environmental crimes task force involving various legal and educational entities. This task force is intended to enhance efforts through training, education, and additional support for prosecuting wildlife-related crimes.
Section § 12029
This law acknowledges the negative environmental impact of cannabis cultivation, particularly due to illegal water usage that harms fish and wildlife habitats. It emphasizes the need for more resources and personnel to manage the complex remediation and permitting processes of cannabis cultivation sites. To address these issues, a watershed enforcement program is to be created to investigate and prosecute violations of environmental laws related to cannabis growth. A permanent task force, involving multiple agencies, will be established to tackle the statewide environmental impacts of cannabis cultivation. Additionally, the law allows for the implementation of enhanced fees for cannabis site remediation, ensuring they do not surpass existing legal fee limits.
Section § 12002.2.1
If you break certain fishing-related rules for the first time, you'll be fined between $50 and $250. If caught again within five years, the fine increases to between $100 and $500. However, if you show proof of having the correct fishing permissions at the time of your arrest, and everything else you did was lawful, the court can lower your fine to $25.