Section § 12000

Explanation

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.

(a)CA Fish and Game Code § 12000(a) Except as expressly provided otherwise in this code, any violation of this code, or of any rule, regulation, or order made or adopted under this code, is a misdemeanor.
(b)CA Fish and Game Code § 12000(b) Notwithstanding subdivision (a), a person who violates any of the following statutes or regulations is guilty of an infraction punishable by a fine of not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000), or of a misdemeanor:
(1)CA Fish and Game Code § 12000(b)(1) Section 2009.
(2)CA Fish and Game Code § 12000(b)(2) Section 2353.
(3)CA Fish and Game Code § 12000(b)(3) Sections 5508 and 5509.
(4)CA Fish and Game Code § 12000(b)(4) Section 5652.
(5)CA Fish and Game Code § 12000(b)(5) Subdivision (a) of Section 6596.1.
(6)CA Fish and Game Code § 12000(b)(6) Section 7149.8.
(7)CA Fish and Game Code § 12000(b)(7) Sections 7850, 7852.27, 7856, 7857, 7880, 7881, 7920, 7923, 8026, 8030 to 8036, inclusive, 8043 to 8050, inclusive, 8257, 9001, 9003, and 9004.
(8)CA Fish and Game Code § 12000(b)(8) Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the California Code of Regulations.
(9)CA Fish and Game Code § 12000(b)(9) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive, of Title 14 of the California Code of Regulations.
(10)CA Fish and Game Code § 12000(b)(10) Sections 27.56 to 30.10, inclusive, of Title 14 of the California Code of Regulations.
(11)CA Fish and Game Code § 12000(b)(11) Sections 40 to 43, inclusive, of Title 14 of the California Code of Regulations.
(12)CA Fish and Game Code § 12000(b)(12) Sections 90, 91, 107, 123, 132.1, 176, 180, 180.2, 180.4, 180.5, 180.6, 182, 189, 190, 195, and 197 of Title 14 of the California Code of Regulations.
(13)CA Fish and Game Code § 12000(b)(13) Subdivision (e) of Section 150.16 of Title 14 of the California Code of Regulations.
(14)CA Fish and Game Code § 12000(b)(14) Section 251.7 of Title 14 of the California Code of Regulations.
(15)CA Fish and Game Code § 12000(b)(15) Sections 307, 308, and 311 to 313, inclusive, of Title 14 of the California Code of Regulations.
(16)CA Fish and Game Code § 12000(b)(16) Sections 505, 507 to 510, inclusive, and 550 to 552, inclusive, of Title 14 of the California Code of Regulations.
(17)CA Fish and Game Code § 12000(b)(17) Section 630 of Title 14 of the California Code of Regulations.
(18)CA Fish and Game Code § 12000(b)(18) Section 632 of Title 14 of the California Code of Regulations, except if either of the following apply:
(A)CA Fish and Game Code § 12000(b)(18)(A) The person who violates the regulation holds a commercial fishing license issued pursuant to Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6 or the person who violates the regulation is operating a boat or vessel licensed pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6 at the time of the violation. Except as provided in Section 12012.5, a person described in this subparagraph who violates Section 632 of Title 14 of the California Code of Regulations is guilty of a misdemeanor punishable pursuant to Section 12002.
(B)CA Fish and Game Code § 12000(b)(18)(B) The violation of the regulation occurred within two years of a prior violation of the regulation that resulted in a conviction.
(19)CA Fish and Game Code § 12000(b)(19) Section 650 of Title 14 of the California Code of Regulations.

Section § 12001

Explanation

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.

Any person who takes any bird or mammal in violation of an order issued pursuant to Section 12150 of this code, is guilty of a felony.

Section § 12001.5

Explanation

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.

(a)CA Fish and Game Code § 12001.5(a) In addition to any other penalty or fine imposed pursuant to this code, if a person has been convicted of one or more offenses that was a violation of a section listed in subdivision (b) separate from the offense before the court, the court may order as a condition of probation upon conviction of the offense before the court that is also a violation of a section listed in subdivision (b), that the person attend the hunter education course designated in Section 3051 and perform community service, preferably relating to natural resources if that type of community service is available, as follows:
(1)CA Fish and Game Code § 12001.5(a)(1) If the person has one separate conviction, not more than 200 hours of community service.
(2)CA Fish and Game Code § 12001.5(a)(2) If the person has two or more separate convictions, not more than 300 hours of community service.
(b)CA Fish and Game Code § 12001.5(b) This section applies to violations relating to a taking in Sections 3007, 3700.1, 4330, and 4750, and a sale or purchase of parts of a bear in Section 4758.

Section § 12002

Explanation

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.

(a)CA Fish and Game Code § 12002(a) Unless otherwise provided, the punishment for a violation of this code that is a misdemeanor is a fine of not more than one thousand dollars ($1,000), imprisonment in a county jail for not more than six months, or by both that fine and imprisonment.
(b)CA Fish and Game Code § 12002(b) The punishment for a violation of any of the following provisions is a fine of not more than two thousand dollars ($2,000), imprisonment in a county jail for not more than one year, or both the fine and imprisonment:
(1)CA Fish and Game Code § 12002(b)(1) Section 1059.
(2)CA Fish and Game Code § 12002(b)(2) Subdivision (b) of Section 4004.
(3)CA Fish and Game Code § 12002(b)(3) Section 4600.
(4)CA Fish and Game Code § 12002(b)(4) Paragraph (1) or (2) of subdivision (a) of Section 5650.
(5)CA Fish and Game Code § 12002(b)(5) A first violation of Section 8670.
(6)CA Fish and Game Code § 12002(b)(6) Section 10500.
(7)CA Fish and Game Code § 12002(b)(7) Unless a greater punishment is otherwise provided, a violation subject to subdivision (a) of Section 12003.1.
(c)CA Fish and Game Code § 12002(c) Except as specified in Sections 12001 and 12010, the punishment for violation of Section 3503, 3503.5, 3513, or 3800 is a fine of not more than five thousand dollars ($5,000), imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.
(d)Copy CA Fish and Game Code § 12002(d)
(1)Copy CA Fish and Game Code § 12002(d)(1) A license, tag, stamp, reservation, permit, or other entitlement or privilege issued pursuant to this code to a defendant who fails to appear at a court hearing for a violation of this code, or who fails to pay a fine imposed pursuant to this code, shall be immediately suspended or revoked. The license, tag, stamp, reservation, permit, or other entitlement or privilege shall not be reinstated or renewed, and no other license, tag, stamp, reservation, permit, or other entitlement or privilege shall be issued to that person pursuant to this code, until the court proceeding is completed or the fine is paid.
(2)CA Fish and Game Code § 12002(d)(2) This subdivision does not apply to any violation of Section 1052, 1059, 1170, 5650, 6454, 6650, or 6653.5.

Section § 12002.1

Explanation

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.

(a)CA Fish and Game Code § 12002.1(a) Notwithstanding Section 12002, the punishment for taking a mammal or bird for which a hunting license issued pursuant to Section 3031 is required or a tag, seal, or stamp is required, including a deer tag issued pursuant to Section 3407, without having in one’s possession the required valid license, or without having in one’s possession any required tag, seal, or stamp, or when the taking of that mammal or bird is prohibited by allowable season, limit, time, or area, is punishable by a fine of not less than two hundred fifty dollars ($250) or more than two thousand dollars ($2,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment, or by any greater punishment prescribed by this code.
(b)CA Fish and Game Code § 12002.1(b) If a person is charged with an offense described in subdivision (a) and produces in court a license, tag, seal, or stamp, issued to the person and valid at the time of the person’s arrest and if the taking was otherwise lawful with respect to season, limit, time, and area, the court may reduce the charge to an infraction punishable by a fine of not less than fifty dollars ($50) and not more than two hundred fifty dollars ($250).

Section § 12002.10

Explanation

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.

(a)CA Fish and Game Code § 12002.10(a) When a complaint has been filed in a court of competent jurisdiction charging a person with a violation that may result in suspension or revocation of any license or permit to take abalone for commercial purposes, and no disposition of the complaint has occurred within 90 days after it has been filed in the court, the department may suspend the license or permit of that person.
(b)CA Fish and Game Code § 12002.10(b) Whenever the department proposes to suspend a license or permit under this section, notice and an opportunity to be heard shall be given before taking the action. The notice shall contain a statement setting forth the proposed action and the grounds therefor, and notify the person of his or her right to a hearing as provided in this section. Within 10 days after the receipt of the notice from the department, the permitholder may request a hearing. The hearing shall be held by the commission at the next regularly scheduled hearing of the commission held more than 30 days after the notice of intent to suspend the permit was sent. The person shall be given 10 days’ notice of the time and place of the hearing.
(c)CA Fish and Game Code § 12002.10(c) A decision shall be made within a reasonable time on whether the license or permit shall be suspended until the disposition of the complaint by the court. In determining whether to order the suspension, the commission shall consider whether or not the violation could have a detrimental effect on the resources and whether or not a suspension is in the best public interest, and shall find whether there is sufficient evidence that a violation has occurred. A failure to make a finding that there is sufficient evidence that a violation has occurred, or a finding there is insufficient evidence, shall terminate the proceedings under this section.
(d)CA Fish and Game Code § 12002.10(d) If the person is acquitted of the charges or the charges are dismissed, any suspension under this section is thereby terminated.
(e)CA Fish and Game Code § 12002.10(e) No complaint shall be filed in a court charging a commercial abalone violation, unless evidence supporting the charge has been reviewed by the appropriate county or city prosecuting agency and a criminal complaint has been issued by that agency.

Section § 12002.11

Explanation

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.

Upon the second conviction of any person of a violation of Section 3087 or any regulation adopted pursuant thereto, in any five-year period, and upon any conviction subsequent to the two convictions during a five-year period, it shall be unlawful for that person to conduct any of the activities described in paragraph (1) of subdivision (a) of Section 3087 for three years from the date of the last conviction.

Section § 12002.2

Explanation

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.

(a)CA Fish and Game Code § 12002.2(a) Notwithstanding any other provision of law, a violation of Section 7145 or of a regulation requiring a license to be displayed is an infraction, punishable by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) for a first offense. If a person is convicted of a violation of Section 7145 or of a regulation requiring a license to be displayed within five years of a separate offense resulting in a conviction of a violation of Section 7145 or of a regulation requiring a license to be displayed, that person shall be punished by a fine of not less than two hundred fifty dollars ($250) or more than one thousand dollars ($1,000).
(b)CA Fish and Game Code § 12002.2(b) If a person is convicted of a violation of Section 7145 or of a regulation requiring a license to be displayed and produces in court a license issued pursuant to Section 7145 and valid at the time of the person’s arrest, and if the taking was otherwise lawful with respect to season, limit, time, and area, the court may reduce the fine imposed for the violation of Section 7145 or of the regulation requiring a license to be displayed to twenty-five dollars ($25).
(c)CA Fish and Game Code § 12002.2(c) If a person is charged with a violation of Section 7145 or of a regulation requiring a license to be displayed, and produces in court a lifetime sport fishing license issued in his or her name pursuant to Section 7149.2, and if the taking was otherwise lawful, in terms of season, limit, time, and area, the court may dismiss the charge.
(d)CA Fish and Game Code § 12002.2(d) A person shall not be charged or convicted for both a violation of Section 7145 and a regulation requiring a license to be displayed for the same act.

Section § 12002.3

Explanation

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.

(a)CA Fish and Game Code § 12002.3(a) Notwithstanding any other provision of law, a violation of Section 7121 for the sale, purchase, or receipt of fish taken by a person required to be licensed pursuant to Section 7145 is punishable by a fine of not less than two thousand dollars ($2,000) or more than seven thousand five hundred dollars ($7,500), except as provided in subdivisions (b) and (c).
(b)CA Fish and Game Code § 12002.3(b) If the violation in question involved the illegal sale or purchase of abalone taken by a person required to be licensed pursuant to Section 7145, the violation is punishable by a fine of not less than fifteen thousand dollars ($15,000) or more than forty thousand dollars ($40,000).
(c)CA Fish and Game Code § 12002.3(c) If the violation in question involved a person who knowingly purchased or received for commercial purposes, fish taken by a person required to be licensed pursuant to Section 7145, the violation is punishable by a fine of not less than seven thousand five hundred dollars ($7,500) or more than fifteen thousand dollars ($15,000).

Section § 12002.4

Explanation

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.

(a)CA Fish and Game Code § 12002.4(a) In addition to any other applicable penalty, the commercial boat registration of a commercial passenger fishing boat may be revoked or suspended by the commission, when requested by the department, for a period not to exceed one year, upon conviction of the registrant, or the registrant’s agent, servant, employee, or any other person acting under the registrant’s direction or control, for a violation of Section 7121 or a regulation adopted pursuant to that section, if the violation in question involves that boat.
(b)CA Fish and Game Code § 12002.4(b) In addition to any other applicable penalty, the commercial boat registration of a commercial passenger fishing boat may be revoked or suspended by the commission, when requested by the department, for a period not to exceed one year, upon conviction of any person other than the person specified in subdivision (a), for a violation of Section 7121, if the fish or amphibians involved in the violation were taken from that boat, and the person committing the violation had committed a prior violation of Section 7121 involving that boat within the previous three years.
(c)CA Fish and Game Code § 12002.4(c) A commercial boat registration shall not be revoked under this section for a violation committed without the knowledge of the master, or an agent or employee of the registrant.

Section § 12002.5

Explanation

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.

(a)CA Fish and Game Code § 12002.5(a) Notwithstanding subdivision (a) of Section 12002, a violation of Section 1764 is an infraction, not a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500). If a person convicted of a violation of Section 1764 is granted probation, the court shall impose as a condition of probation that the person pay at least the minimum fine prescribed in this subdivision.
(b)CA Fish and Game Code § 12002.5(b) If a person is convicted of a violation of Section 1764 and produces in court a valid wildlife area pass, the court may reduce the fine imposed for the violation of Section 1764 to fifty dollars ($50).

Section § 12002.6

Explanation

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.

(a)CA Fish and Game Code § 12002.6(a) In addition to any other applicable penalty, a commercial boat registration may be revoked or suspended by the commission, when requested by the department, for a period not to exceed one year, upon the second conviction in three years of the registrant, or the registrant’s agent, servant, employee, or any other person acting under the registrant’s direction or control, for a violation of any of the following provisions or regulations adopted pursuant thereto:
(1)CA Fish and Game Code § 12002.6(a)(1) Section 5521 or 5521.5.
(2)CA Fish and Game Code § 12002.6(a)(2) Article 2 (commencing with Section 8150.5), Article 3 (commencing with Section 8180), Article 4 (commencing with Section 8210.2), Article 5 (commencing with Section 8250), Article 6 (commencing with Section 8275), Article 9 (commencing with Section 8370), Article 13 (commencing with Section 8495), and Article 15 (commencing with Section 8550) of Chapter 2 of Part 3 of Division 6.
(3)CA Fish and Game Code § 12002.6(a)(3) Article 1 (commencing with Section 8601), Article 2 (commencing with Section 8623), Article 4 (commencing with Section 8660), Article 5 (commencing with Section 8680), Article 6 (commencing with Section 8720), Article 7 (commencing with Section 8750), Article 8 (commencing with Section 8780), and Article 10 (commencing with Section 8830) of Chapter 3 of Part 3 of Division 6.
(4)CA Fish and Game Code § 12002.6(a)(4) Article 1 (commencing with Section 9000) of Chapter 4 of Part 3 of Division 6.
(b)CA Fish and Game Code § 12002.6(b) The commercial boat registration shall not be revoked unless both the first and second convictions are related to the boat for which the commercial boat registration is to be revoked, and are for violations that occurred when the person convicted was the registrant or the registrant’s agent, servant, or employee, or acting under the registrant’s direction or control.

Section § 12002.7

Explanation

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.

Notwithstanding Sections 12000, 12001, and 12002, the commercial fishing license of the master of a vessel may be revoked or suspended by the commission, when requested by the department, for a period not to exceed one year, upon conviction of the master or his agent, servant, employee, or person acting under his direction or control, for a violation of Section 7121 or the regulations adopted pursuant thereto, if the fish in question were taken from a vessel licensed pursuant to Section 7920.
However, a master’s license shall not be revoked for the conviction of a violation occurring when the person convicted was not acting as the master’s agent, servant, employee, or acting under his direction or control.
The master of a vessel is the person on board the vessel who is in charge of the vessel.

Section § 12002.8

Explanation

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.

(a)CA Fish and Game Code § 12002.8(a) The court shall order the department to permanently revoke and the department shall permanently revoke, the commercial fishing license and any commercial fishing permits of any person convicted of either of the following:
(1)CA Fish and Game Code § 12002.8(a)(1) Taking or possessing abalone out of season.
(2)CA Fish and Game Code § 12002.8(a)(2) Taking or possessing abalone taken illegally from any area north of Point Sur.
(b)CA Fish and Game Code § 12002.8(b) The court shall order the department to permanently revoke and the department shall permanently revoke the commercial fishing license and any commercial fishing permits of any person convicted of either of the following two offenses, if the person possessed more than 12 abalone at the time of the offense:
(1)CA Fish and Game Code § 12002.8(b)(1) Removing abalone from the shell or possessing abalone illegally removed from the shell.
(2)CA Fish and Game Code § 12002.8(b)(2) Taking or possessing abalone that are less than the minimum size.
(c)CA Fish and Game Code § 12002.8(c) Any person sentenced pursuant to subdivision (a) or (b) shall not thereafter be eligible for any license or permit to take or possess fish for sport or commercial purposes.
(d)CA Fish and Game Code § 12002.8(d) In addition to any other applicable penalty, the commercial fishing license of the master of a vessel may be revoked or suspended by the commission, when requested by the department, for a period not to exceed one year, upon the second conviction in three years of the master or the master’s agent, servant, employee, or any other person acting under the master’s direction or control, for a violation of any of the following provisions or regulations adopted pursuant thereto:
(1)CA Fish and Game Code § 12002.8(d)(1) Article 2 (commencing with Section 8150.5), Article 3 (commencing with Section 8180), Article 4 (commencing with Section 8210.2), Article 5 (commencing with Section 8250), Article 6 (commencing with Section 8275), Article 9 (commencing with Section 8370), Article 13 (commencing with Section 8494), and Article 15 (commencing with Section 8550) of Chapter 2 of Part 3 of Division 6.
(2)CA Fish and Game Code § 12002.8(d)(2) Article 1 (commencing with Section 8601), Article 2 (commencing with Section 8623), Article 4 (commencing with Section 8660), Article 5 (commencing with Section 8680), Article 6 (commencing with Section 8720), Article 7 (commencing with Section 8750), Article 8 (commencing with Section 8780), and Article 10 (commencing with Section 8830) of Chapter 3 of Part 3 of Division 6.
(3)CA Fish and Game Code § 12002.8(d)(3) Article 1 (commencing with Section 9000) of Chapter 4 of Part 3 of Division 6.
(e)CA Fish and Game Code § 12002.8(e) A master’s license shall not be revoked unless both the first and second convictions are for a violation by the master or a violation occurring when the person convicted was acting as the master’s agent, servant, employee, or acting under the master’s direction or control.
(f)CA Fish and Game Code § 12002.8(f) The master of a vessel is the person on board the vessel who is in charge of the vessel.

Section § 12002.9

Explanation

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.

In addition to any other penalty prescribed in this code, the license issued pursuant to Sections 8032 to 8036, inclusive, to a person who is convicted of a violation of Section 7121, 7364, 7370, 8372, or 8373 shall be suspended for not less than seven days nor more than 30 days. Each day a fish of the species designated in any of those sections is unlawfully possessed and each unlawful transaction involving the purchase or sale of a fish of those species by a wholesale fish dealer is a separate violation.

Section § 12003

Explanation

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.

Notwithstanding Section 12002, a second or subsequent violation of Section 8670 is punishable by a fine of not less than two thousand dollars ($2,000) nor more than four thousand dollars ($4,000) or imprisonment in the county jail for one year, or by both such fine and imprisonment.

Section § 12003.1

Explanation

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.

(a)CA Fish and Game Code § 12003.1(a) Unless a minimum punishment is otherwise provided, the punishment for the knowing and intentional taking of a mammal, bird, or fish in excess of the quantity permitted by other provisions of this code or regulations adopted pursuant thereto, not in compliance with size or sex limitations in other provisions of this code or regulations adopted pursuant thereto, or from which only external body parts, including, but not limited to, antlers, horns, hides, feathers, or fins, are removed for use in violation of this code or regulations adopted pursuant thereto, shall be not less than two hundred fifty dollars ($250) for a first violation and not less than five hundred dollars ($500) and imprisonment in the county jail for not less than 30 days for a second or subsequent violation. The court shall apply not less than the minimum punishment as specified in this subdivision except in those cases where the court determines that, as to the imprisonment sentence only, the interests of justice would best be served by granting probation or suspending the imposition or execution of imprisonment sentence.
(b)CA Fish and Game Code § 12003.1(b) If the court grants probation to any person punished under subdivision (a), in addition to any other terms or conditions imposed by the court, the court may impose as a condition of that probation that the person perform not more than 100 hours of community service in the county in which the violation occurred. To the extent practicable, the service shall involve work relating to natural resources. The service shall be performed during a time that does not interfere with the person’s school attendance or employment. If the court requires a person to perform community service under this subdivision, that person shall also be required to attend a hunter safety course as described in Section 3051. The person, and not the court, shall be responsible for paying all fees and costs related to the course.

Section § 12003.2

Explanation

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.

Notwithstanding Section 12002 or 12008, the punishment for any violation of Section 4500 or 4700 is a fine of not more than twenty-five thousand dollars ($25,000) for each unlawful taking, imprisonment in a county jail for the period prescribed in Section 12002 or 12008, or both the fine and imprisonment.

Section § 12003.5

Explanation

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.

(a)CA Fish and Game Code § 12003.5(a) The penalty for a first violation of Section 8610.3 or 8610.4 is a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) and a mandatory suspension of any license, permit, or stamp to take, receive, transport, purchase, sell, barter, or process fish for commercial purposes for six months. The penalty for a second or subsequent violation of Section 8610.3 or 8610.4 is a fine of not less than two thousand five hundred dollars ($2,500) and not more than ten thousand dollars ($10,000) and a mandatory suspension of any license, permit, or stamp to take, receive, transport, purchase, sell, barter, or process fish for commercial purposes for one year.
(b)CA Fish and Game Code § 12003.5(b) If a person convicted of a violation of Section 8610.3 or 8610.4, is granted probation, the court shall impose as a term or condition of probation, in addition to any other term or condition of probation, a requirement that the person pay at least the minimum fine prescribed in this section.

Section § 12004

Explanation

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.

(a)CA Fish and Game Code § 12004(a) The punishment for a first conviction of a violation of Section 8685.5, 8685.6, 8685.7, or 8688 is a fine of not more than five thousand dollars ($5,000), or imprisonment in a county jail for a period not to exceed six months, or the revocation of any license issued pursuant to Sections 8032 to 8036, inclusive, or any combination of these penalties.
(b)CA Fish and Game Code § 12004(b) The punishment for a second or subsequent conviction of a violation of Section 8685.5, 8685.6, 8685.7, or 8688, which offense occurred within five years of another offense which resulted in a conviction of Section 8685.5, 8685.6, 8685.7, or 8688 is a fine of not more than ten thousand dollars ($10,000), or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or imprisonment in a county jail for a period not to exceed one year, or the revocation of any license issued pursuant to Sections 8032 to 8036, inclusive, or any combination of these penalties.

Section § 12005

Explanation

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.

(a)CA Fish and Game Code § 12005(a) Notwithstanding Section 12000, and except as otherwise provided in subdivision (c), the punishment for each violation of Section 4758 shall include both of the following:
(1)CA Fish and Game Code § 12005(a)(1) A fine of two hundred fifty dollars ($250) for each bear part. As used in this paragraph, “bear part” means an individual part or group of like parts of any bear that the defendant knowingly and unlawfully sells, purchases, or possesses for sale. For the purposes of this paragraph, claws, paws, or teeth from a single bear that are knowingly purchased, sold, or possessed for sale with the intent that they be delivered to a single end user shall be considered a single part.
(2)CA Fish and Game Code § 12005(a)(2) An additional fine of not more than five thousand dollars ($5,000), imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, or both that fine and imprisonment.
(b)CA Fish and Game Code § 12005(b) If the conviction is for the possession of two bear gallbladders and probation is granted, or if the execution or imposition of sentence is suspended, it shall be a condition thereof that a minimum term of 30 days shall be served in a county jail.
(c)Copy CA Fish and Game Code § 12005(c)
(1)Copy CA Fish and Game Code § 12005(c)(1) The possession of three or more bear gallbladders is punishable by both of the following:
(A)CA Fish and Game Code § 12005(c)(1)(A) The fine specified in paragraph (1) of subdivision (a).
(B)CA Fish and Game Code § 12005(c)(1)(B) An additional fine of not more than ten thousand dollars ($10,000), imprisonment in a county jail for not more than one year, or both that fine and imprisonment.
(2)CA Fish and Game Code § 12005(c)(2) If probation is granted, or the execution or imposition of sentence is suspended, it shall be a condition thereof that a minimum term of three months shall be served in a county jail.
(d)CA Fish and Game Code § 12005(d) Consecutive sentences shall be imposed for separate violations of this section.

Section § 12005.5

Explanation

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.

Notwithstanding Sections 12000 and 12002, a violation of Section 3003.1 or 3003.2, or any rule or regulation adopted pursuant thereto, is punishable by a fine of not less than three hundred dollars ($300) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. The Legislature may increase, but may not decrease, these penalties.

Section § 12006

Explanation

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.

(a)CA Fish and Game Code § 12006(a) Notwithstanding Section 12002:
(1)CA Fish and Game Code § 12006(a)(1) The punishment for a violation of Section 7370 is a fine of not less than five thousand dollars ($5,000), or more than ten thousand dollars ($10,000), imprisonment in a county jail not to exceed one year, or both the fine and imprisonment.
(2)CA Fish and Game Code § 12006(a)(2) The punishment for a violation of Section 8254 is a fine of not less than five thousand dollars ($5,000), or more than ten thousand dollars ($10,000), imprisonment in a county jail not to exceed six months, or both the fine and imprisonment.
(b)CA Fish and Game Code § 12006(b)  The court shall permanently revoke any commercial fishing license or commercial fishing permit, and may permanently revoke any sport fishing license issued to the violator by the department. Any vessel, diving or other fishing gear or apparatus, or vehicle used in the commission of an offense subject to this section may be seized and may be ordered forfeited by the court pursuant to subdivision (c) of Section 12157. Fifty percent of the revenue deposited in the Fish and Game Preservation Fund from fines and forfeitures collected pursuant to this section shall be allocated for the support of the Special Operations Unit of the department, and used for law enforcement purposes.

Section § 12006.6

Explanation

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.

Notwithstanding Section 12000 or 12002.8, and in addition to Section 12009, and notwithstanding the type of fishing license or permit held, if any person is convicted of a violation of Section 5521 or 5521.5, and the offense occurs in an area closed to the taking of abalone for commercial purposes, and the person takes or possesses more than 12 abalone at one time or takes abalone in excess of the annual bag limit, that person shall be punished by all of the following:
(a)CA Fish and Game Code § 12006.6(a)A fine of not less than fifteen thousand dollars ($15,000) or more than forty thousand dollars ($40,000).
(b)CA Fish and Game Code § 12006.6(b) The court shall order the department to permanently revoke, and the department shall permanently revoke, the commercial fishing license and any commercial fishing permits of that person. The person punished under this subdivision shall not, thereafter, be eligible for any license or permit to take or possess fish for sport or commercial purposes, including, but not limited to, a commercial fishing license or a sport fishing or sport ocean fishing license. Notwithstanding any other provision of law, the commercial license or permit of a person arrested for a violation punishable under this section may not be sold, transferred, loaned, leased, or used as security for any financial transaction until disposition of the charges is final.
(c)CA Fish and Game Code § 12006.6(c) Any vessel, diving or other fishing gear or apparatus, or vehicle used in the commission of an offense punishable under this section shall be seized, and shall be ordered forfeited in the same manner prescribed for nets or traps used in violation of this code, as described in Article 3 (commencing with Section 8630) of Chapter 3 of Part 3 of Division 6, or in the manner prescribed in Section 12157.
(d)CA Fish and Game Code § 12006.6(d) Not less than 50 percent of the revenue deposited in the Fish and Game Preservation Fund from fines and forfeitures collected pursuant to this section shall be allocated for the support of the Special Operations Unit of the Wildlife Protection Division of the department and used for law enforcement purposes.

Section § 12007

Explanation

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.

Notwithstanding Section 12002, the punishment for (1) a second or subsequent violation of Section 1602 or 1605 on the same project or streambed alteration agreement; (2) each violation of Section 2270, 2271, 6400, 6400.5, 15202, 15509, or 15600; or (3) each violation of any regulation adopted pursuant to Section 15510, is a fine of not more than five thousand dollars ($5,000) or imprisonment in the county jail for a period not to exceed one year, or both the fine and imprisonment.

Section § 12008

Explanation

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.

Except as otherwise provided in Section 597 of the Penal Code, the punishment for a violation of any of the following provisions is a fine of not more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than one year, or both the fine and imprisonment:
(a)CA Fish and Game Code § 12008(a) Chapter 1.5 (commencing with Section 2050) of Division 3.
(b)CA Fish and Game Code § 12008(b) Section 3511.
(c)CA Fish and Game Code § 12008(c) Chapter 8 (commencing with Section 4700) of Part 3 of Division 4.
(d)CA Fish and Game Code § 12008(d) Chapter 2 (commencing with Section 5050) of Division 5.
(e)CA Fish and Game Code § 12008(e) Section 5515.

Section § 12008.1

Explanation

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.

(a)CA Fish and Game Code § 12008.1(a) Notwithstanding subdivision (a) of Section 12002 or Section 12008, the punishment for any violation of Section 2080 or 2085 is a fine of not less than twenty-five thousand dollars ($25,000) or more than fifty thousand dollars ($50,000) for each violation or imprisonment in the county jail for not more than one year, or both that fine and imprisonment.
(b)CA Fish and Game Code § 12008.1(b) Notwithstanding any other law, the moneys collected from any fine or forfeiture imposed or collected for violating Chapter 1.5 (commencing with Section 2050) of Division 3 shall be deposited as follows:
(1)CA Fish and Game Code § 12008.1(b)(1) One-half in the Endangered Species Permitting Account established pursuant to Section 2081.2.
(2)CA Fish and Game Code § 12008.1(b)(2) One-half in the county treasury of the county in which the violation occurred. The board of supervisors shall first use revenues pursuant to this subdivision to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. Any excess revenues may be expended in accordance with Section 13103.

Section § 12008.5

Explanation

If someone illegally hunts a bighorn sheep, they can be fined up to $2,000, imprisoned for up to a year, or both.

Notwithstanding Section 12000, the punishment for taking any bighorn sheep in violation of Chapter 11 (commencing with Section 4900) of Part 3 of Division 4, or any regulation adopted pursuant thereto, is a fine of not more than two thousand dollars ($2,000) or imprisonment in the county jail for not more than one year, or both the fine and imprisonment.

Section § 12009

Explanation

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.

(a)CA Fish and Game Code § 12009(a) Notwithstanding Section 12000, and except as provided in Section 12006.6, the punishment for a violation of any provision of Section 5521 or 5521.5, or any regulation adopted pursuant thereto, or of Section 7121 involving abalone, is a fine of not less than fifteen thousand dollars ($15,000) or more than forty thousand dollars ($40,000) and imprisonment in the county jail for a period not to exceed one year. The court shall permanently revoke any commercial fishing license, commercial fishing permit, or sport fishing license issued by the department. Any vessel, diving or other fishing gear or apparatus, or vehicle used in the commission of an offense punishable under this section, may be seized and may be ordered forfeited by the court pursuant to subdivision (c) of Section 12157. Notwithstanding any other provision of law, the commercial license of any person arrested for a violation punishable under this section may not be sold, transferred, loaned, or leased, or used as security for any financial transaction until disposition of the charges is final.
(b)CA Fish and Game Code § 12009(b) Notwithstanding any other provision of law, the money collected from any fine or forfeiture imposed or collected for the taking of abalone for any purpose other than for profit in violation of this article or any other provision of law shall be deposited as follows:
(1)CA Fish and Game Code § 12009(b)(1) One-half in the Abalone Restoration and Preservation Account.
(2)CA Fish and Game Code § 12009(b)(2) One-half in the county treasury of the county in which the violation occurred.

Section § 12010

Explanation

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.

Notwithstanding Section 12002, the maximum punishment for each violation of Section 3503.5 relating to a bird-of-prey that is either designated as endangered, threatened, or fully protected, or taken from the wild and subsequently reported to the department as having been bred in captivity, is a fine of five thousand dollars ($5,000) or imprisonment in the county jail for a period of not to exceed one year, or both the fine and imprisonment.

Section § 12011

Explanation

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.

(a)CA Fish and Game Code § 12011(a) In addition to the penalty provided in paragraph (4) of subdivision (b) of Section 12002, any person convicted of a violation of subdivision (a) of Section 5650 is subject to an additional fine of all of the following:
(1)CA Fish and Game Code § 12011(a)(1) Not more than ten dollars ($10) for each gallon or pound of material discharged. The amount of the fine shall be reduced for every gallon or pound of the illegally discharged material that is recovered and properly disposed of by the responsible party.
(2)CA Fish and Game Code § 12011(a)(2) An amount equal to the reasonable costs incurred by the state or local agency for cleanup and abatement and to fully mitigate all actual damages to fish, plant, bird, or animal life and habitat.
(3)CA Fish and Game Code § 12011(a)(3) Where the state or local agency is required to undertake cleanup or remedial action because the responsible person refuses or is unable to fully clean up the discharge, an amount equal to the reasonable costs incurred by the state or local agency, in addition to the amount of funds, if any, expended by the responsible person, in cleaning up the illegally discharged material or abating its effects, or both cleaning up and abating those effects.
(b)CA Fish and Game Code § 12011(b) Notwithstanding the jurisdiction of the department over illegal discharges and pollution as provided in Section 5650, the fines specified in this section do not apply to discharges in compliance with a national pollution discharge elimination system permit or a state or regional board waste discharge permit.

Section § 12012

Explanation

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.

(a)CA Fish and Game Code § 12012(a) A person who illegally takes, possesses, imports, exports, sells, purchases, barters, trades, or exchanges a bird, fish, mammal, reptile, amphibian, or part of any of those animals, for profit or personal gain, is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) nor more than forty thousand dollars ($40,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.
(b)CA Fish and Game Code § 12012(b) If a person is convicted of a second or subsequent violation of subdivision (a), that person shall be punished by a fine of not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.
(c)CA Fish and Game Code § 12012(c) If a second or subsequent violation of subdivision (a) also involves a violation of Section 8685.5, 8685.6, 8685.7, or 8688 that is punishable by subdivision (b) of Section 12004, the offense shall be punishable by a fine of not more than fifty thousand dollars ($50,000), or by imprisonment pursuant to subdivision (b) of Section 12004, or by both that fine and imprisonment.
(d)CA Fish and Game Code § 12012(d) 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.
(e)CA Fish and Game Code § 12012(e) This section does not apply to fish taken pursuant to a commercial fishing license issued pursuant to Section 7852, or fish sold pursuant to a commercial fish business license issued in accordance with Article 7 (commencing with Section 8030) of Chapter 1 of Part 3 of Division 6.
(f)CA Fish and Game Code § 12012(f) This section does not supersede Section 12005 or 12009.
(g)Copy CA Fish and Game Code § 12012(g)
(1)Copy CA Fish and Game Code § 12012(g)(1) Moneys equivalent to 50 percent of the revenue deposited in the Fish and Game Preservation Fund from fines and forfeitures collected pursuant to this section shall be allocated for the support of the Special Operations Unit of the department, and used for law enforcement purposes.
(2)CA Fish and Game Code § 12012(g)(2) Moneys equivalent to 50 percent of the revenue from any fine collected pursuant to this section shall be paid to the county in which the offense was committed, pursuant to Section 13003. The board of supervisors shall first use revenues pursuant to this subdivision to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. Any excess revenues may be expended in accordance with Section 13103.

Section § 12012.5

Explanation

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.

(a)CA Fish and Game Code § 12012.5(a) Notwithstanding Section 12000 or any other provision of this code, a person who holds a commercial fishing license issued pursuant to Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6, or is operating a commercial passenger fishing boat licensed pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6, and, for commercial purposes, either unlawfully takes a fish, within any meaning provided in Section 86, within a marine protected area, as defined in Section 2852, or engages in, or knowingly facilitates another person’s, fishing activity within the marine protected area, is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) nor more than forty thousand dollars ($40,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.
(b)CA Fish and Game Code § 12012.5(b) If a person is convicted of a second or subsequent violation that is punishable pursuant to subdivision (a) and the violation occurred within 10 years of a prior violation that is punishable pursuant to subdivision (a) that resulted in a conviction, the department may suspend that person’s license described in subdivision (a), as applicable, or other privilege issued pursuant to this code, and that person shall be punished by a fine of not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000), or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.
(c)CA Fish and Game Code § 12012.5(c) A person whose license or other privilege is suspended pursuant to this section may appeal the suspension to the commission. The commission shall initiate the appeal process within 12 months of the violator’s appeal request. The commission shall consider at least the nature, circumstances, extent, and gravity of the person’s violations, the person’s culpability for the violations, and the injury to natural resources by the violations, and may restore a person’s license or other privileges.
(d)CA Fish and Game Code § 12012.5(d) 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.

Section § 12013

Explanation

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.

(a)CA Fish and Game Code § 12013(a) Any person who illegally takes or possesses in the field more than three times the daily bag limit, or who illegally possesses more than three times the legal possession limit, of fish, reptiles, birds, amphibians, or mammals is guilty of a misdemeanor and shall be subject to a fine of not less than five thousand dollars ($5,000), nor more than forty thousand dollars ($40,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
(b)CA Fish and Game Code § 12013(b) If a person is convicted of a second or subsequent violation of subdivision (a), that person shall be punished by a fine of not less than ten thousand dollars ($10,000), nor more than fifty thousand dollars ($50,000), or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
(c)CA Fish and Game Code § 12013(c) Any person who maliciously and intentionally maims, mutilates, or physically tortures any fish, reptile, bird, amphibian, or mammal provided for in this code is guilty of a crime punishable in accordance with subdivision (a). Nothing in this subdivision affects any legal activity pursuant to this code, including, but not limited to, hunting, fishing, trapping, hunting dog training, hunting dog field trials, predation control, and efforts to dispatch a wounded mammal, bird, or fish taken legally.
(d)CA Fish and Game Code § 12013(d) Nothing in this section prohibits a person from giving, receiving, or possessing the legal possession limit of lawfully taken fish, reptiles, birds, amphibians, or mammals.
(e)CA Fish and Game Code § 12013(e) Nothing in this section prohibits a person from giving, receiving, or possessing, at the personal abode of the donor or donee, lawfully taken migratory game birds that are not required to be tagged pursuant to the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.) or regulations adopted pursuant to that act.
(f)CA Fish and Game Code § 12013(f) This section does not supersede Section 12005, 12006.6, or 12009.
(g)CA Fish and Game Code § 12013(g) Moneys equivalent to 50 percent of the revenue from any fine collected pursuant to this section shall be paid to the county in which the offense was committed, pursuant to Section 13003. The board of supervisors shall first use revenues pursuant to this subdivision to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. Any excess revenues may be expended in accordance with Section 13103.

Section § 12013.3

Explanation

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.

(a)CA Fish and Game Code § 12013.3(a) Notwithstanding Section 12002, 12003.2, 12008, or 12008.5, the punishment for a person who knowingly violated and has been convicted of the following provisions where the violation involved a trophy deer, elk, antelope, or bighorn sheep shall be a fine of not less than five thousand dollars ($5,000) nor more than forty thousand dollars ($40,000), and where the violation involved a wild turkey, a fine of not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000), or imprisonment in the county jail for not more than one year, or both that fine and imprisonment:
(1)CA Fish and Game Code § 12013.3(a)(1) Section 2001, if the person took an animal outside the established season.
(2)CA Fish and Game Code § 12013.3(a)(2) Section 2005.
(3)CA Fish and Game Code § 12013.3(a)(3) Section 257.5 of Title 14 of the California Code of Regulations.
(4)CA Fish and Game Code § 12013.3(a)(4) Section 4304.
(5)CA Fish and Game Code § 12013.3(a)(5) Section 4330.
(6)CA Fish and Game Code § 12013.3(a)(6) Section 1054.2, if the person failed to procure the required license or tag prior to taking a deer, elk, antelope, or bighorn sheep.
(b)CA Fish and Game Code § 12013.3(b) The commission shall adopt regulations to implement this section, including establishing a trophy designation and monetary value based on the size or related characteristics of deer, elk, antelope, bighorn sheep, and wild turkeys.
(c)CA Fish and Game Code § 12013.3(c) All revenue from fines imposed pursuant to this section for deer, elk, antelope, and bighorn sheep violations shall be deposited in the Big Game Management Account established in Section 3953 and shall be used for the big game management purposes described in that section.
(d)CA Fish and Game Code § 12013.3(d) All revenue from fines imposed pursuant to this section for wild turkey violations shall be deposited in the Upland Game Bird Account established in Section 3684 and shall be used for the upland game bird conservation purposes described in that section.
(e)CA Fish and Game Code § 12013.3(e) Moneys equivalent to 50 percent of the revenue from any fine collected pursuant to this section shall be paid to the county in which the offense was committed, pursuant to Section 13003. The county board of supervisors shall first use revenues pursuant to this subdivision to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. Any excess revenues may be expended in accordance with Section 13103.

Section § 12013.5

Explanation

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.

(a)CA Fish and Game Code § 12013.5(a) In addition to any other penalties provided in this code, any person convicted of violating this code or any regulation adopted pursuant thereto while using a signal-emitting device in conjunction with the take of bear for the purpose of selling or trafficking in bear parts shall be subject to a fine of ten thousand dollars ($10,000) per bear part. For purposes of this section, a “signal-emitting device” means any device capable of generating radio, cellular, satellite, or other signal transmission for purposes of providing communication or location information.
(b)CA Fish and Game Code § 12013.5(b) All revenue from fines imposed pursuant to this section shall be deposited in the Big Game Management Account established in Section 3953 and shall be used for the big game management purposes described in that section.
(c)CA Fish and Game Code § 12013.5(c) Moneys equivalent to 50 percent of the revenue from any fine collected pursuant to this section shall be paid to the county in which the offense was committed, pursuant to Section 13003. The county board of supervisors shall first use revenues pursuant to this subdivision to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation. Any excess revenues may be expended in accordance with Section 13103.

Section § 12014

Explanation

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.

After the expiration of the time period to appeal an administrative penalty imposed pursuant to Section 2301, 2302, 2582, or 2583, or any other provision of this code, the department may apply to the clerk of the appropriate court for a judgment to collect the administrative civil penalty. The application, including a certified copy of the order imposing the civil penalty, a hearing officer’s decision, if any, or a settlement agreement, if any, shall constitute a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered.

Section § 12015

Explanation

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.

(a)CA Fish and Game Code § 12015(a) It is the intent of the Legislature that expeditious cleanup is the primary interest of the people of the State of California in order to protect the people and the environment of the state.
(b)CA Fish and Game Code § 12015(b) In addition to any other penalty, anyone responsible for polluting, contaminating, or obstructing waters of this state, or depositing or discharging materials threatening to pollute, contaminate, or obstruct waters of this state, to the detriment of fish, plant, bird, or animal life in those waters, shall be required to remove any substance placed in the waters, or to remove any material threatening to pollute, contaminate, or obstruct waters of this state, which can be removed, that caused the prohibited condition, or to pay the costs of the removal by the department.
(c)CA Fish and Game Code § 12015(c) Prior to taking any action committing the use of state funds pursuant to this section or Section 5655, the department shall first make a reasonable effort to have the person responsible, when that person is known and readily available, remove, or agree to pay for the removal of, the substance causing the prohibited condition, if the responsible person acts expeditiously and does not cause the prohibited condition to be prolonged to the detriment of fish, plant, animal, or bird life in the affected waters. When the responsible party is unknown or is not providing adequate and timely cleanup, the emergency reserve account of the Toxic Substances Control Account in the General Fund shall be used to provide funding for the cleanup pursuant to Section 78875 of the Health and Safety Code. When those or other funds are not available, moneys in the Fish and Wildlife Pollution Account shall be available, in accordance with subdivision (b) of Section 12017, for funding the cleanup expenses.

Section § 12016

Explanation

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.

(a)CA Fish and Game Code § 12016(a) In addition to any other provision of law, any person who discharges or deposits any substance or material deleterious to fish, plant, bird, or animal life or their habitat into, or which threatens to enter, the waters of this state is liable civilly to the department for all actual damages to fish, plant, bird, or animal life or their habitat and, in addition, for the reasonable costs incurred in cleaning up the deleterious substance or material or abating its effects, or both.
(b)CA Fish and Game Code § 12016(b) For the purposes of this section, “deleterious substance or material” does not include substances or materials otherwise expressly permitted or authorized to be deposited or discharged into waters of the state by law.

Section § 12017

Explanation

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.

(a)CA Fish and Game Code § 12017(a) Notwithstanding subdivision (a) of Section 13001, any recovery or settlement of money received pursuant to the following sections shall be deposited in the Fish and Wildlife Pollution Account:
(1)CA Fish and Game Code § 12017(a)(1) Section 2014.
(2)CA Fish and Game Code § 12017(a)(2) Article 1 (commencing with Section 5650) of Chapter 2 of Part 1 of Division 6.
(3)CA Fish and Game Code § 12017(a)(3) Section 12015 or 12016.
(4)CA Fish and Game Code § 12017(a)(4) Chapter 4 (commencing with Section 151) of Division 1.5 of the Harbors and Navigation Code.
(5)CA Fish and Game Code § 12017(a)(5) Section 13442 of the Water Code.
(6)CA Fish and Game Code § 12017(a)(6) Proceeds or recoveries from pollution and abatement actions.
(b)CA Fish and Game Code § 12017(b) Moneys in the account are continuously appropriated to the department, except as provided in Section 13230.
(c)CA Fish and Game Code § 12017(c) Funds in the account shall be expended for the following purposes:
(1)CA Fish and Game Code § 12017(c)(1) Abatement, cleanup, and removal of pollutants from the environment.
(2)CA Fish and Game Code § 12017(c)(2) Response coordination, planning, and program management.
(3)CA Fish and Game Code § 12017(c)(3) Resource injury determination.
(4)CA Fish and Game Code § 12017(c)(4) Resource damage assessment.
(5)CA Fish and Game Code § 12017(c)(5) Economic valuation of resources.
(6)CA Fish and Game Code § 12017(c)(6) Restoration or rehabilitation at sites damaged by pollution.
(d)CA Fish and Game Code § 12017(d) Notwithstanding subdivision (c), funds in the account in excess of one million dollars ($1,000,000) as of July 1 of each year may also be expended for the preservation of California plants, wildlife, and fisheries.
(e)CA Fish and Game Code § 12017(e) Funds in the account may be expended for cleanup and abatement if a reasonable effort has been made to have the responsible party pay cleanup and abatement costs and funds are not available for disbursement from the emergency reserve account of the Toxic Substances Control Account in the General Fund pursuant to Section 78875 of the Health and Safety Code.
(f)CA Fish and Game Code § 12017(f) The department may use funds in the account to pay the costs of consultant contracts for resource injury determination or damage assessment during hazardous material or oil spill emergencies. These contracts are not subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.

Section § 12020

Explanation

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.

Any person who is charged with a violation of this code or a regulation adopted pursuant to this code, who willfully violates their written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested.

Section § 12021

Explanation

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.

(a)CA Fish and Game Code § 12021(a) In addition to any assessment, fine, penalty, or forfeiture imposed pursuant to any other provision of law, an additional penalty of fifteen dollars ($15) shall be added to any fine, penalty, or forfeiture imposed under this code for a violation of this code or a regulation adopted pursuant thereto. However, no more than one such additional penalty may be imposed in a single proceeding. The revenue from this penalty shall be transferred to, and deposited in, the Fish and Game Preservation Fund and used exclusively for the purposes of Section 13006.
(b)CA Fish and Game Code § 12021(b) Subdivision (a) does not apply to a violation punishable pursuant to subdivision (b) of Section 12002.1, subdivision (b) of Section 12002.2, or any regulation relating to the wearing or display of a fishing license.

Section § 12023

Explanation

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.

(a)CA Fish and Game Code § 12023(a) Notwithstanding Section 12002 and 12007, any person who violates Section 6400 through the use of an aquatic nuisance species, as defined in Section 6431, is guilty of a misdemeanor, punishable by all of the following:
(1)CA Fish and Game Code § 12023(a)(1) Imprisonment in the county jail for not less than six months or more than one year, a fine of not more than fifty thousand dollars ($50,000) for each violation, or both that imprisonment and fine.
(2)CA Fish and Game Code § 12023(a)(2) Revocation of all of the defendant’s licenses and permits issued pursuant to this code.
(b)CA Fish and Game Code § 12023(b) A person who personally or through another violates Section 6400, through the use of an aquatic nuisance species, is liable to the owner of any privately or publicly owned property for any damages to that property caused by the violation. A person who violates Section 6400 through the use of an aquatic nuisance species shall also be liable for all monetary damages directly, indirectly, and proximately caused thereby, including, but not limited to, damages to any commercial fishery, sport fishery, or to the public communities which depend upon those fisheries for a portion of their annual income. The Attorney General may file a civil action on behalf of the fisheries or communities that are damaged as a result of the violation. In addition, a private citizen who suffers damages as a result of the violation may file a civil action against the violator.
(c)CA Fish and Game Code § 12023(c) A person who allows an aquatic nuisance species to escape from their property to the property of another, whether privately or publicly owned, is liable to the owner of the intruded upon property for any damages caused by the species.
(d)CA Fish and Game Code § 12023(d) This section shall not apply to the placement of any live fish, any fresh or salt water animal, or any aquatic plant from the discharge or exchange of ballast water from any vessel as defined by Section 21 of the Harbors and Navigation Code.
(e)CA Fish and Game Code § 12023(e) This section does not apply to the placement of an aquatic plant by a person who was unaware that they were in possession of the plant. This exception includes circumstances in which a plant becomes unknowingly and temporarily attached or affixed to a boat, boat trailer, or boat motor.

Section § 12024

Explanation

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.

(a)CA Fish and Game Code § 12024(a) In addition to Section 12023, a person who violates Section 6400 through the use of an aquatic nuisance species is liable for all public and private response, treatment, and remediation efforts resulting from the violation. The cost of these efforts shall constitute a debt of that person, and shall be collectible by the federal, state, county, public agency, or private individual or individuals, incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.
(b)CA Fish and Game Code § 12024(b) Public agencies participating in a response to a violation of Section 6400 through the use of an aquatic nuisance species may designate one or more of the participating agencies to bring an action to recover costs incurred by all of the participating agencies.
(c)CA Fish and Game Code § 12024(c) The costs relating to an accounting for a violation of Section 6400 through the use of an aquatic nuisance species and the collection of any funds, including, but not limited to, the administrative, legal, and public relations costs of operating a response and remediation program may also be the subject of an action to recover costs which are charged against the responsible person.

Section § 12025

Explanation

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.

(a)CA Fish and Game Code § 12025(a) In addition to any penalties imposed by any other law, a person found to have violated the code sections described in paragraphs (1) to (11), inclusive, in connection with the production or cultivation of cannabis or cannabis products on land under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the United States Bureau of Land Management, or within the respective ownership of a timberland production zone, as defined in Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code, of more than 50,000 acres, or while trespassing on other public or private land in connection with the production or cultivation of cannabis or cannabis products, shall be liable for a civil penalty as follows:
(1)CA Fish and Game Code § 12025(a)(1) A person who violates Section 1602 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(2)CA Fish and Game Code § 12025(a)(2) A person who violates Section 5650 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(3)CA Fish and Game Code § 12025(a)(3) A person who violates Section 5652 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(4)CA Fish and Game Code § 12025(a)(4) A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(5)CA Fish and Game Code § 12025(a)(5) A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(6)CA Fish and Game Code § 12025(a)(6) A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than forty thousand dollars ($40,000) for each violation.
(7)CA Fish and Game Code § 12025(a)(7) A person who violates Section 384a of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(8)CA Fish and Game Code § 12025(a)(8) A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(9)CA Fish and Game Code § 12025(a)(9) A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(10)CA Fish and Game Code § 12025(a)(10) A person who violates Section 2000 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(11)CA Fish and Game Code § 12025(a)(11) A person who violates Section 2002 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(b)Copy CA Fish and Game Code § 12025(b)
(1)Copy CA Fish and Game Code § 12025(b)(1) In addition to any penalties imposed by any other law, a person found to have violated the code sections described in this subdivision in connection with the production or cultivation of cannabis or cannabis products on land that the person owns, leases, or otherwise uses or occupies with the consent of the landowner shall be liable for a civil penalty as follows:
(A)CA Fish and Game Code § 12025(b)(1)(A) A person who violates Section 1602 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(B)CA Fish and Game Code § 12025(b)(1)(B) A person who violates Section 5650 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(C)CA Fish and Game Code § 12025(b)(1)(C) A person who violates Section 5652 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(D)CA Fish and Game Code § 12025(b)(1)(D) A person who violates subdivision (a) of Section 374.3 of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(E)CA Fish and Game Code § 12025(b)(1)(E) A person who violates paragraph (1) of subdivision (h) of Section 374.3 of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(F)CA Fish and Game Code § 12025(b)(1)(F) A person who violates subdivision (b) of Section 374.8 of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than twenty thousand dollars ($20,000) for each violation.
(G)CA Fish and Game Code § 12025(b)(1)(G) A person who violates Section 384a of the Penal Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each violation.
(H)CA Fish and Game Code § 12025(b)(1)(H) A person who violates subdivision (a) of Section 4571 of the Public Resources Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(I)CA Fish and Game Code § 12025(b)(1)(I) A person who violates Section 4581 of the Public Resources Code in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(J)CA Fish and Game Code § 12025(b)(1)(J) A person who violates Section 2000 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(K)CA Fish and Game Code § 12025(b)(1)(K) A person who violates Section 2002 in connection with the production or cultivation of cannabis or cannabis products is subject to a civil penalty of not more than eight thousand dollars ($8,000) for each violation.
(2)CA Fish and Game Code § 12025(b)(2) Each day that a violation of a code section described in this subdivision occurs or continues to occur shall constitute a separate violation.
(c)CA Fish and Game Code § 12025(c) The civil penalty imposed for each separate violation pursuant to this section is in addition to any other civil penalty imposed for another violation of this section, or any violation of any other law.
(d)CA Fish and Game Code § 12025(d) All civil penalties imposed or collected by a court for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner:
(1)CA Fish and Game Code § 12025(d)(1) Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation.
(2)CA Fish and Game Code § 12025(d)(2) Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section.
(3)Copy CA Fish and Game Code § 12025(d)(3)
(A)Copy CA Fish and Game Code § 12025(d)(3)(A) Forty percent shall be deposited into the Cannabis-Impacted Lands Restoration Fund, which is hereby created, to fund the remediation and restoration of lands impacted by cannabis cultivation on public or private lands.
(B)CA Fish and Game Code § 12025(d)(3)(A)(B) Notwithstanding Section 13340 of the Government Code, the Cannabis-Impacted Lands Restoration Fund is continuously appropriated without regard to fiscal years to the department for the purposes set forth in subparagraph (A).
(e)CA Fish and Game Code § 12025(e) Civil penalties authorized pursuant to this section may be imposed administratively by the department if all of the following occur:
(1)CA Fish and Game Code § 12025(e)(1) The chief deputy director or law enforcement division assistant chief in charge of cannabis-related enforcement issues a complaint to any person or entity on which an administrative civil penalty may be imposed pursuant to this section. The complaint shall allege the act or failure to act that constitutes a violation, any facts related to natural resources impacts, the provision of law authorizing the civil penalty to be imposed, and the proposed penalty amount.
(2)CA Fish and Game Code § 12025(e)(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 not later than 20 days from the date of service. If a hearing is requested, it shall be scheduled before the director or the director’s designee, which designee shall not be the chief deputy or assistant chief issuing the complaint and order. A request for a hearing shall contain a brief statement of the material facts the party claims support their contention that no administrative penalty should be imposed or that an administrative penalty of a lesser amount is warranted. A party served with a complaint pursuant to this subdivision waives their right to a hearing if a hearing is not requested within 20 days of service of the complaint, in which case the order imposing the administrative penalty shall become final.
(3)CA Fish and Game Code § 12025(e)(3) The director, or the director’s designee, shall control the nature and order of hearing proceedings. Hearings shall be informal in nature, and need not be conducted according to the technical rules relating to evidence. The director or the director’s designee shall issue a final order within 45 days of the close of the hearing. A copy of the final order shall be served by certified mail upon the party served with the complaint.
(4)CA Fish and Game Code § 12025(e)(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 did not request a hearing of the order, within 20 days after the order imposing an administrative penalty becomes final.
(5)CA Fish and Game Code § 12025(e)(5) The department may adopt regulations to implement this subdivision.
(f)CA Fish and Game Code § 12025(f) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Cannabis-Impacted Lands Restoration Fund.
(g)CA Fish and Game Code § 12025(g) Any civil penalty imposed pursuant to this section for the violation of an offense described in paragraph (4), (5), or (6) of subdivision (a) or subparagraph (D), (E), or (F) of paragraph (1) of subdivision (b) for which the person was convicted shall be offset by the amount of any restitution ordered by a criminal court.

Section § 12025.1

Explanation

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.

(a)CA Fish and Game Code § 12025.1(a) In addition to any penalties imposed by any other law, a person found to have violated Section 5901 shall be liable for a civil penalty of not more than eight thousand dollars ($8,000) for each violation. Each day that a violation of Section 5901 occurs or continues without a good faith effort by the person to cure the violation after receiving notice from the department shall constitute a separate violation.
(b)CA Fish and Game Code § 12025.1(b) All civil penalties imposed or collected by a court for a separate violation pursuant to this section in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the manner described in subdivision (d) of Section 12025.
(c)CA Fish and Game Code § 12025.1(c) All civil penalties imposed or collected by a court for a separate violation pursuant to this section not in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be apportioned in the following manner:
(1)CA Fish and Game Code § 12025.1(c)(1) Thirty percent shall be distributed to the county in which the violation was committed pursuant to Section 13003. The county board of supervisors shall first use any revenues from those penalties to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation.
(2)Copy CA Fish and Game Code § 12025.1(c)(2)
(A)Copy CA Fish and Game Code § 12025.1(c)(2)(A) Thirty percent shall be distributed to the investigating agency to be used to reimburse the cost of any investigation directly related to the violations described in this section.
(B)CA Fish and Game Code § 12025.1(c)(2)(A)(B) If the department receives reimbursement pursuant to this paragraph for activities funded pursuant to subdivision (f) of Section 4629.6 of the Public Resources Code, the reimbursement funds shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, if there is an unpaid balance for a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code.
(3)CA Fish and Game Code § 12025.1(c)(3) Forty percent shall be deposited into the Fish and Game Preservation Fund.
(d)Copy CA Fish and Game Code § 12025.1(d)
(1)Copy CA Fish and Game Code § 12025.1(d)(1) Civil penalties authorized pursuant to subdivision (a) may be imposed administratively by the department according to the procedures described in paragraphs (1) through (4), inclusive, of subdivision (e) of Section 12025.
(2)CA Fish and Game Code § 12025.1(d)(2) The department shall adopt emergency regulations to implement this subdivision in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
(e)CA Fish and Game Code § 12025.1(e) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited according the provisions of subdivision (f) of Section 12025.
(f)CA Fish and Game Code § 12025.1(f) All administrative penalties imposed or collected by the department for a separate violation pursuant to this section not in connection with the production or cultivation of a controlled substance shall not be considered to be fines or forfeitures, as described in Section 13003, and shall be deposited into the Timber Regulation and Forest Restoration Fund, created by Section 4629.3 of the Public Resources Code, to repay any unpaid balance of a loan authorized by subdivision (f) of Section 4629.6 of the Public Resources Code. Any remaining funds from administrative penalties collected pursuant to this subdivision shall be apportioned in the following manner:
(1)CA Fish and Game Code § 12025.1(f)(1) Fifty percent shall be deposited into the Fish and Game Preservation Fund.
(2)CA Fish and Game Code § 12025.1(f)(2) Fifty percent shall be deposited into the Timber Regulation and Forest Restoration Fund for grants authorized pursuant to subdivision (h) of Section 4629.6 of the Public Resources Code.
(g)CA Fish and Game Code § 12025.1(g) For purposes of this section, “controlled substance” has the same meaning as defined in Section 11007 of the Health and Safety Code.

Section § 12025.2

Explanation

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.

The director or his or her designee may issue a complaint to any person or entity in accordance with Section 1055 of the Water Code alleging a violation for which liability may be imposed under Section 1052 or 1847 of the Water Code that harms fish and wildlife resources. The complaint is subject to the substantive and procedural requirements set forth in Section 1055 of the Water Code, and the department shall be designated a party to any proceeding before the State Water Resources Control Board regarding a complaint filed pursuant to this section.

Section § 12026

Explanation

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.

Any person whom the department determines has provided evidence or information leading to the arrest and conviction of a person or persons found guilty of violating Section 6400 through the use of an aquatic nuisance species, is eligible to obtain a reward of up to fifty thousand dollars ($50,000) pursuant to Section 2586.

Section § 12028

Explanation

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.

The Legislature finds and declares that:
(a)CA Fish and Game Code § 12028(a) Poaching violations and other violations of the Fish and Game Code have been increasing, and these violations have a detrimental impact on fish and wildlife and their habitats, which are held in trust by the state for the benefit of the people of the state.
(b)CA Fish and Game Code § 12028(b) In order to deter illegal poaching and other violations that adversely impact fish and wildlife, it is important that the department coordinate with other law enforcement entities and the courts to facilitate effective enforcement and prosecution of these offenses.
(c)CA Fish and Game Code § 12028(c) The department, to the extent feasible and subject to available resources, shall establish and coordinate an environmental crimes task force. The task force should involve the participation of the department’s Office of General Counsel working with each of the department’s law enforcement districts. The task force may include coordination with representatives from the California District Attorneys’ Association, the Judicial Council, the Attorney General’s office, and the University of California. Objectives of the task force may include, but are not limited to, providing training, education, and outreach to prosecutors and the courts on Fish and Game Code violations and providing other assistance as appropriate in the prosecution of environmental crimes.

Section § 12029

Explanation

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.

(a)CA Fish and Game Code § 12029(a) The Legislature finds and declares all of the following:
(1)CA Fish and Game Code § 12029(a)(1) The environmental impacts associated with cannabis cultivation have increased, and unlawful water diversions for cannabis irrigation have a detrimental effect on fish and wildlife and their habitat, which are held in trust by the state for the benefit of the people of the state.
(2)CA Fish and Game Code § 12029(a)(2) The remediation of existing cannabis cultivation sites is often complex and the permitting of these sites requires greater department staff time and personnel expenditures. The potential for cannabis cultivation sites to significantly impact the state’s fish and wildlife resources requires immediate action on the part of the department’s lake and streambed alteration permitting staff.
(b)CA Fish and Game Code § 12029(b) In order to address unlawful water diversions and other violations of the Fish and Game Code associated with cannabis cultivation, the department shall establish the watershed enforcement program to facilitate the investigation, enforcement, and prosecution of these offenses.
(c)CA Fish and Game Code § 12029(c) The department, in coordination with the State Water Resources Control Board and the Department of Cannabis Control, shall establish a permanent multiagency task force to address the environmental impacts of cannabis cultivation. The multiagency task force, to the extent feasible and subject to available resources, shall expand its enforcement efforts on a statewide level to ensure the reduction of adverse impacts of cannabis cultivation on fish and wildlife and their habitats throughout the state.
(d)CA Fish and Game Code § 12029(d) In order to facilitate the remediation and permitting of cannabis cultivation sites, the department may adopt regulations to enhance the fees on any entity subject to Section 1602 for cannabis cultivation sites that require remediation. The fee schedule established pursuant to this subdivision shall not exceed the fee limits in Section 1609.

Section § 12002.2.1

Explanation

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.

(a)CA Fish and Game Code § 12002.2.1(a) Notwithstanding any other provision of law, a violation of any of the following is an infraction, punishable by a fine of not less than fifty dollars ($50), or more than two hundred fifty dollars ($250), for a first offense:
(1)CA Fish and Game Code § 12002.2.1(a)(1) Subdivision (a) of Section 6596.1.
(2)CA Fish and Game Code § 12002.2.1(a)(2) Subdivision (a) of Section 7149.45.
(b)CA Fish and Game Code § 12002.2.1(b) If a person is convicted of a violation of any of the sections listed in subdivision (a) within five years of a separate offense resulting in a conviction of a violation of any of those sections, that person shall be punished by a fine of not less than one hundred dollars ($100) or more than five hundred dollars ($500).
(c)CA Fish and Game Code § 12002.2.1(c) If a person convicted of a violation of any of the sections listed in subdivision (a) produces in court the applicable sport fishing ocean enhancement validation, second rod sport fishing validation, or Colorado River special use validation issued pursuant to this code and valid at the time of the person’s arrest, and if the taking was otherwise lawful with respect to season, limit, time, and area, the court may reduce the fine imposed for the violation to twenty-five dollars ($25).