Chapter 2Forfeitures, Revocation, and Seizures
Section § 12150
If someone accidentally shoots or injures a person while hunting, the incident must be reported to the local district attorney. The attorney can take the case to court to understand what happened. The trial will be similar to a misdemeanor case, and the person involved can choose to have a jury decide.
If the court finds the incident was unintentional or not reckless, the case will be dismissed. However, if the act was intentional, involved gross negligence, or occurred under the influence of alcohol, the person will be permanently banned from hunting. If the person was simply negligent, they will be banned from hunting for at least five years.
Section § 12150.5
Someone whose license was taken away under Section 12150 can ask for a new trial in the court that made the decision. If they want a jury, they can request one. The trial will figure out if the license was revoked because of a deliberate or very careless act, or because the person was drunk. If so, they will not get their license back. But if it was just a regular mistake, the court might decide a different length of time before they can apply for a new license. The court may also allow them to get a license again, depending on what seems fair in their situation.
Section § 12150.6
If someone's not allowed to hunt birds or mammals due to restrictions in other sections, they can't get a hunting license or hunt unless they show they can cover potential accident costs. This means proving they can pay up to $10,000 for injuries or deaths (up to $20,000 for multiple people) and $5,000 for property damage.
They need to show this through either a valid insurance policy with at least 10 days' cancellation notice to the department, or by posting a $25,000 bond approved by a judge, ensuring payment for any damages caused while hunting.
Section § 12150.7
This law allows a person to cancel a bond or get back money or securities held by the department as proof that they can cover damages while hunting birds or mammals. The return can be requested if a person files a statement that they will stop hunting, becomes permanently unable to hunt, or upon their death.
Section § 12150.8
If someone has a claim or judgment against them and they need to show they can pay for damages, they can't get a hunting license or hunt birds or mammals until they prove again that they can cover new potential damages. The new proof must add up to what is required, separate from any past claims.
Section § 12151
If someone accidentally or intentionally harms a domestic animal while hunting wildlife, and the wildlife department confirms it, they must inform the local district attorney. The district attorney may then start court proceedings to find out how the harm occurred. The case proceeds like a misdemeanor trial where the accused can request a jury.
If the court finds that the act was unintentional or not negligent, the case is dropped. However, if the harm was intentional or due to negligence, the court will ban the person from hunting birds or mammals for five years.
Section § 12151.5
If you're hunting and accidentally shoot or see someone shoot a person or someone's pet, you need to send a written report to the Department of Fish and Wildlife in Sacramento within 48 hours. Include your full name, address, and all the details about what happened.
Section § 12152
If someone is banned from hunting birds or mammals, the court must report the details to the Department of Fish and Wildlife in Sacramento. This report should include the date, location, and names and addresses of the people involved.
The department will keep a record of these bans, including when they started and ended. These records are shared with people who issue hunting licenses and district attorneys throughout the state.
Section § 12153
If a person who holds a commercial fishing license breaks certain rules—specifically, those covering provisions from sections 1050.1 to 1059 or section 2012, or any laws about using nets—their fishing license will be taken away as a penalty.
Section § 12154
If someone is convicted of violating specific sections of the code related to hunting or fishing, their licenses or permits can be suspended or taken away for good. If this happens, they can appeal the decision to a commission, which has to start the appeal process within a year. The commission will look at things like how serious the violation was and any harm caused to natural resources before deciding whether to restore the privileges.
The department can set up rules for how the appeal process works. Additionally, a judge can order the confiscation of equipment used in these violations, such as boats, cars, or gear.
Section § 12155
If someone is convicted three times in five years for breaking laws about hunting birds or mammals, they can't hunt in California for three years after their last conviction. If they have more convictions within those five years, the same rule applies. During this time, they cannot get or try to get a hunting license.
Section § 12155.5
This law allows the commission to set rules for revoking or suspending hunting or fishing licenses. If your license is taken away, you get a chance to appeal and explain your case in a hearing. If there are good reasons, such as special circumstances, the commission might let you get your license back. However, you can't try to get a license while your privileges are suspended or revoked. If you do, you could be fined between $100 and $1,000, or even charged with a misdemeanor.
Section § 12156
If someone holds or should hold a specific license and gets convicted of certain wildlife-related offenses in California, they can't trap fur-bearing or nongame mammals for three years. This ban starts after the next commission meeting, which occurs at least 30 days post-conviction. If they have a trapping license, it will be revoked for this period. During this ban, they can't get or try to get a new trapping license either.
Section § 12156.5
If a guide is found guilty of violating certain wildlife laws, a judge can revoke their hunting, fishing, or guiding privileges for up to three years. A no contest plea or bail forfeiture counts as a conviction in this context. During the revocation period, it is illegal for the person to get or try to get a guide, sportfishing, or hunting license. Even if the judge doesn’t order a revocation, the wildlife department can still pursue revoking the guide license.
Section § 12157
This law gives judges the power to order the forfeiture (taking away) of devices or tools used in crimes involving wildlife, such as illegal hunting or fishing. If someone is convicted, their tools like traps or vehicles might be taken away. It's mandatory in serious cases and optional in others. Judges must consider the severity of the crime, the harm done, and whether the perpetrator owned the item.
Forfeiture shouldn't be used for minor mistakes, and family vehicles can't be taken if they're essential for daily life. Forfeited items can be sold or destroyed, with proceeds going to conservation efforts. If a device is taken from a juvenile case, guidelines for adults apply too. Also, a no contest plea is treated like a conviction, and the department can still take action even if a judge doesn't order forfeiture.
Section § 12157.5
If a person is convicted of certain crimes related to fish and game violations, the judge can decide to take away any vehicle, like a car or snowmobile, that was used in the crime. The vehicle can then be sold or destroyed by the department. Any money from the sale goes to a fund that supports fish and game preservation, but if there are any legitimate claims on the vehicle, those must be paid first, unless the claimant was involved in the crime. Also, if someone forfeits bail or pleads no contest, it counts as a conviction for these purposes.
Section § 12158
If someone is convicted of breaking hunting or fishing rules, the court can decide to suspend or take away their hunting or fishing license as an extra punishment, along with any fines or other penalties.
If a person gets a new hunting or fishing license while their original license is suspended or revoked, they're committing a misdemeanor, which is a type of crime.
Section § 12158.5
This law states that if you enter a plea of 'nolo contendere' or 'no contest'—which means you are choosing not to contest the charges—or you forfeit bail on a charge related to violations within this code, it counts as a conviction. This applies to any related suspensions, revocations, or forfeitures of licenses or permits under this code.
Section § 12159
If you have any wildlife, plants, or related products that were obtained or handled illegally in California, the authorities will take them away. This includes birds, mammals, fish, reptiles, and more. If they know who had these items, they'll let that person know about the seizure.
Section § 12159.5
If someone is found guilty of illegally taking endangered species, threatened species, or fully protected animals like birds, mammals, reptiles, amphibians, or fish, the judge can choose to take away any money or benefits gained from that illegal action.
Section § 12160
If authorities seize any animals, plants, or their parts that are legal to sell and worth $100 or more, they must use or sell them quickly. Options include preserving, selling for bait, or using them as fish food in state hatcheries. The money earned goes into a specific preservation fund. However, if the person they were taken from is not found guilty, the money from the sale must be returned to them.
Section § 12161
If someone is convicted of illegally taking, possessing, selling, importing, or transporting wildlife or related products in California, the judge must order the forfeiture and disposal of those items as per state laws. However, if these items cannot be sold legally or are worth less than $100, the judge has the discretion to donate them to a government body or charitable institution, or choose to have them destroyed.
Section § 12162
If a bird, mammal, fish, reptile, or amphibian is seized and it's unclear who illegally took, owned, sold, imported, or moved it, that animal can be sold or given to a government body or charity.
Section § 12163
If you buy animals like birds, mammals, fish, reptiles, or amphibians from the Department, you must pay the current market price for those animals when you receive them. The money goes into a special fund called the Fish and Game Preservation Fund.
Section § 12164
If someone is convicted of trespassing while hunting, the court must take away any birds or mammals they captured. These animals will either be given to charity or destroyed if they can't be eaten safely.
Section § 12165
This law states that if someone with a guide license is found guilty of breaking related laws or regulations, the court can take away their license. Additionally, if this person gets another guide license within two years after losing their license, it's considered a minor crime, called a misdemeanor.
Section § 12166
This law states that if someone’s probation is ended and their charges are dismissed under certain Penal Code sections, it doesn’t change any past or current decisions to revoke or suspend their fishing or hunting licenses.