Section § 12150

Explanation

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.

Whenever any person, while taking a bird or mammal, kills or wounds any human being and that fact is ascertained by the department, the department shall notify the district attorney of the county in which the act occurred. The district attorney may thereupon bring an action in the superior court of the county in which the act occurred for the purpose of determining the cause of the killing or the wounding. These proceedings shall be conducted in the same manner as an action to try a misdemeanor and the defendant may request that all findings of fact shall be made by a jury. The court shall inform the defendant of the nature of the proceedings and of the defendant’s right to have a jury.
If it is found that the defendant did the killing or wounding, but that it was not intentional or negligent, the court shall dismiss the proceeding. Otherwise, if it is found that the defendant did the killing or wounding intentionally, by an act of gross negligence, or while under the influence of alcohol, the court shall issue an order permanently prohibiting the defendant from taking any bird or mammal.
If it is found that the defendant was negligent, but not grossly negligent, the court shall issue an order prohibiting the defendant from taking any bird or mammal for a period specified at the discretion of the court but not less than five years.

Section § 12150.5

Explanation

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 The trial will figure out if the license was revoked because of a deliberate or very careless act, or because the person was drunk.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.

Any person whose license has heretofore been revoked pursuant to Section 12150 may, upon petition, obtain a new trial in the court which originally revoked his license. Such trial shall be with a jury if requested as provided in Section 12150, and shall be to determine if the revocation was based on an intentional or grossly negligent act or an act committed while under the influence of alcohol, in which case the petition shall be denied. If however, it was based on a negligent act not amounting to gross negligence the court may review and redetermine the length of time for which no license should be issued such person. The court may authorize the issuance of a license to the person after such time as the court shall determine to be proper in light of the circumstances.

Section § 12150.6

Explanation

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.

(a)CA Fish and Game Code § 12150.6(a) Any person who has been prohibited from taking any bird or mammal pursuant to Section 12150 or 12151 shall not apply for a hunting license or take any bird or mammal unless the person has filed with the department proof of ability to respond in damages in an amount of at least ten thousand dollars ($10,000) for personal injury or death of any person, subject to a maximum of twenty thousand dollars ($20,000) for such injury or the death of two or more persons in any one accident and at least five thousand dollars ($5,000) for property damage resulting from any one accident.
(b)CA Fish and Game Code § 12150.6(b) Proof of ability to respond in damages may be given by any of the following:
(1)CA Fish and Game Code § 12150.6(b)(1) The written certificate of any insurance carrier duly authorized to do business within the state that it has issued to or for the benefit of the person named a public liability insurance policy which is, at the date of the certificate, in full force and effect. The certificate shall certify that the policy therein cited shall not be canceled except upon 10 days’ prior written notice to the department.
(2)CA Fish and Game Code § 12150.6(b)(2) A bond in the amount of twenty-five thousand dollars ($25,000) approved by a judge of a court of record. The bond shall be conditioned for the payment of the amounts specified in this section and shall provide for the entry of judgment on motion of the state in favor of any holder of any final judgment on account of damages to property or injury to any person caused while the licensee is taking any bird or mammal.

Section § 12150.7

Explanation

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.

The department shall, upon request, cancel any bond or shall direct the return to the person entitled thereto of any money or securities deposited pursuant to this code as proof of ability to respond in damages:
(a)CA Fish and Game Code § 12150.7(a) On the filing of an affidavit with the department that the person will not thereafter engage in the taking of any bird or mammal.
(b)CA Fish and Game Code § 12150.7(b) In the event of the permanent incapacity of such person to engage in the taking of any bird or mammal.
(c)CA Fish and Game Code § 12150.7(c) Upon the death of the person on whose behalf such proof was filed.

Section § 12150.8

Explanation

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.

Whenever any claim is made against any such person or judgment is rendered against any such person required to file proof of ability to respond in damages, such person shall not apply for a hunting license or take any bird or mammal until additional proof of ability to respond in damages has been filed with the department in an amount sufficient to provide proof of ability to respond in damages in the amount specified in Section 12150.6 over and above all claims made against previously filed proof of ability to respond in damages.

Section § 12151

Explanation

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.

Whenever any person, while taking a bird or mammal, kills or wounds any domestic animal belonging to another and that fact is ascertained by the department, the department shall notify the district attorney of the county in which the act occurred. The district attorney may thereupon bring an action in the superior court of the county in which the act occurred for the purpose of determining the cause of the killing or wounding. These proceedings shall be conducted in the same manner as an action to try a misdemeanor and the defendant may request that all findings of fact shall be made by a jury. The court shall inform the defendant of the nature of the proceedings and of the defendant’s right to have a jury.
If it is found that the defendant did the killing or wounding but that it was not intentional or negligent, the court shall dismiss the proceeding. Otherwise, if it is found that the defendant did the killing or wounding intentionally or negligently, the court shall issue an order prohibiting the defendant from taking any bird or mammal for a period of five years.

Section § 12151.5

Explanation

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.

A person who, while hunting, kills or wounds or witnesses the killing or wounding of a human being, or domestic animal belonging to another, shall, within 48 hours after the incident, forward a complete written report to the Department of Fish and Wildlife, 1416 Ninth Street, Sacramento, California 95814, providing the reporter’s full name and address and all facts relating to the incident.

Section § 12152

Explanation

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.

Whenever a person has been prohibited from taking any bird or mammal pursuant to Section 12150 or Section 12151, the court in which the proceeding for such action was had shall report the facts to the department at its Sacramento headquarters office. The report shall show the date and place of the occurrence, the name and address of the person who did the killing or wounding, the name and address of the person who was killed or wounded or the name and address of the owner of the animal, as the case may be, and such other information as the department may require.
The department shall maintain a record of all orders issued under Section 12150 and Section 12151. The record shall show the name and address of the person involved, the date of such action, and the date of expiration of such order. The department shall periodically transmit copies of such records to each person authorized to issue a hunting license and to each district attorney in the State.

Section § 12153

Explanation

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.

A commercial fishing license is forfeited for the violation of Sections 1050.1 to 1059, inclusive, or Section 2012, or of any of the provisions of this code relating to the use of nets.

Section § 12154

Explanation

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.

(a)CA Fish and Game Code § 12154(a) Upon a conviction of a violation of this code or any regulation adopted pursuant thereto that is punishable pursuant to Section 12012, 12013, 12013.3, or 12013.5, the department may suspend or permanently revoke a person’s hunting or sport fishing license or permit privileges.
(b)Copy CA Fish and Game Code § 12154(b)
(1)Copy CA Fish and Game Code § 12154(b)(1) Any person whose privileges are suspended or revoked pursuant to this section may appeal the suspension or revocation 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 hunting or sport fishing license or permit privileges.
(2)CA Fish and Game Code § 12154(b)(2) The department may adopt regulations to implement this subdivision.
(c)CA Fish and Game Code § 12154(c) Pursuant to subdivision (c) of Section 12157, a judge may order the seizure or forfeiture of any device or apparatus, including a vessel, vehicle, or hunting or fishing gear, that is used in committing an offense punishable under Section 12012, 12013, 12013.3, or 12013.5.

Section § 12155

Explanation

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.

(a)CA Fish and Game Code § 12155(a) Upon the third conviction of a person of a violation of any provision of this code or regulation adopted pursuant to this code relating to the taking or possession of a bird or mammal in a five-year period, and upon a conviction subsequent to the three convictions during a five-year period, that person shall be prohibited from taking a bird or mammal in the state for three years from the date of the last conviction. The commission shall revoke a hunting license of a person prohibited from taking a bird or mammal in this state for the period of prohibition.
(b)CA Fish and Game Code § 12155(b) It shall be unlawful for a person to obtain, or attempt to obtain, a hunting license during a period of prohibition.

Section § 12155.5

Explanation

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.

(a)CA Fish and Game Code § 12155.5(a) The commission shall adopt regulations and procedures governing the revocation or suspension of hunting or sport fishing privileges. The regulations shall provide for notice and opportunity for a hearing.
(b)CA Fish and Game Code § 12155.5(b) Any person, whose license was revoked pursuant to Section 12154, 12155, or 12156, may appeal to the commission for reissuance of the license and termination of the prohibition against the taking of fish, reptiles, amphibia, or birds or mammals.
(c)CA Fish and Game Code § 12155.5(c) After a public hearing at which the person has appeared in person, the commission may terminate the prohibition and authorize the issuance of a license if it finds that there are sufficient mitigating circumstances to warrant that action.
(d)CA Fish and Game Code § 12155.5(d) It is unlawful for a person whose hunting or sport fishing privileges have been revoked or suspended to obtain or attempt to obtain, or to possess a hunting or sport fishing license, permit, or tag during that suspension or revocation period.
(e)CA Fish and Game Code § 12155.5(e) Any person who violates subdivision (d) is guilty of an infraction punishable by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000), or of a misdemeanor.

Section § 12156

Explanation

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.

No person who is licensed or required to be licensed pursuant to Section 4005 and who is convicted of a violation of any provision of Article 1 (commencing with Section 4000) of Chapter 2 of Part 3 of Division 4 or of Section 4150 shall take any fur-bearing or nongame mammal in the state for three years from the date of the next regularly scheduled meeting of the commission held at least 30 days after the date of that conviction. The commission shall revoke the trapping license of the person who is prohibited from taking fur-bearing and nongame mammals in the state, if the person has one, for the period of prohibition.
No person shall obtain, or attempt to obtain, a trapping license during a period of prohibition.

Section § 12156.5

Explanation

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.

(a)CA Fish and Game Code § 12156.5(a) The judge before whom any guide, as defined in Section 2535, is arraigned for a violation of this code, or regulation adopted pursuant thereto, may, upon the conviction of the person, order the revocation of the person’s privilege to hunt, fish, or guide for a period not to exceed three years from the date of the conviction.
(b)CA Fish and Game Code § 12156.5(b) For purposes of this section, a plea of nolo contendere or no contest or a forfeiture of bail is a conviction.
(c)CA Fish and Game Code § 12156.5(c) It shall be unlawful for any person to obtain, or attempt to obtain a guide license, sportfishing license, or hunting license during a period of revocation imposed under this section.
(d)CA Fish and Game Code § 12156.5(d) Neither the disposition of the criminal action other than by conviction nor the discretionary refusal of the judge to order revocation upon conviction impairs the right of the department to commence proceedings to order revocation of the guide license pursuant to Section 2546.

Section § 12157

Explanation

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.

(a)CA Fish and Game Code § 12157(a) Except as provided in subdivision (b), the judge before whom any person is tried for a violation of any provision of this code, or regulation adopted pursuant thereto, may, upon the conviction of the person tried, order the forfeiture of any device or apparatus that is designed to be, or is capable of being, used to take birds, mammals, fish, reptiles, or amphibia and that was used in committing the offense charged.
(b)CA Fish and Game Code § 12157(b) The judge shall, if the offense is punishable under Section 12008 or 12008.1 of this code or under subdivision (c) of Section 597 of the Penal Code, order the forfeiture of any device or apparatus that is used in committing the offense, including, but not limited to, any vehicle that is used or intended for use in delivering, importing, or exporting any unlawfully taken, imported, or purchased species.
(c)Copy CA Fish and Game Code § 12157(c)
(1)Copy CA Fish and Game Code § 12157(c)(1) The judge may, for conviction of a violation of any of the following offenses, order forfeiture of any device or apparatus that is used in committing the offense, including, but not limited to, any vehicle used or intended for use in committing the offense:
(A)CA Fish and Game Code § 12157(c)(1)(A) Section 2000 relating to deer, elk, antelope, feral pigs, European wild boars, black bears, and brown or cinnamon bears.
(B)CA Fish and Game Code § 12157(c)(1)(B) Any offense that involves the sale, purchase, or possession of abalone for commercial purposes.
(C)CA Fish and Game Code § 12157(c)(1)(C) Any offense that involves the sale, purchase, or possession of sturgeon or lobster, pursuant to Section 7370 or 8254.
(D)CA Fish and Game Code § 12157(c)(1)(D) Any offense that involves a violation of Section 12012.
(E)CA Fish and Game Code § 12157(c)(1)(E) A violation of subdivision (b) of Section 12013.
(2)CA Fish and Game Code § 12157(c)(2) In considering an order of forfeiture under this subdivision, the court shall take into consideration the nature, circumstances, extent, and gravity of the prohibited act committed, the degree of culpability of the violator, the property proposed for forfeiture, and other criminal or civil penalties imposed on the violator under other provisions of law for that offense. The court shall impose lesser forfeiture penalties under this subdivision for those acts that have little significant effect upon natural resources or the property of another and greater forfeiture penalties for those acts that may cause serious injury to natural resources or the property of another, as determined by the court. In determining whether or not to order forfeiture of a vehicle, the court shall, in addition to any other relevant factor, consider whether the defendant is the owner of the vehicle and whether the owner of the vehicle had knowledge of the violation.
(3)CA Fish and Game Code § 12157(c)(3) It is the intent of the Legislature that forfeiture not be ordered pursuant to this subdivision for minor or inadvertent violations, as determined by the court.
(d)CA Fish and Game Code § 12157(d) A judge shall not order the forfeiture of a vehicle under this section if there is a community property interest in the vehicle that is owned by a person other than the defendant and the vehicle is the only vehicle available to the defendant’s immediate family that may be operated on the highway with a class A, class B, or class C driver’s license.
(e)CA Fish and Game Code § 12157(e) Any device or apparatus ordered forfeited shall be sold, used, or destroyed by the department.
(f)Copy CA Fish and Game Code § 12157(f)
(1)Copy CA Fish and Game Code § 12157(f)(1) The proceeds from all sales under this section, after payment of any valid liens on the forfeited property, shall be paid into the Fish and Game Preservation Fund.
(2)CA Fish and Game Code § 12157(f)(2) A lien in which the lienholder is a conspirator is not a valid lien for purposes of this subdivision.
(g)CA Fish and Game Code § 12157(g) The provisions in this section authorizing or requiring a judge to order the forfeiture of a device or apparatus also apply to the judge, referee, or juvenile hearing officer in a juvenile court action brought under Section 258 of the Welfare and Institutions Code.
(h)CA Fish and Game Code § 12157(h) For purposes of this section, a plea of nolo contendere or no contest, or forfeiture of bail, constitutes a conviction.
(i)CA Fish and Game Code § 12157(i) Neither the disposition of the criminal action other than by conviction nor the discretionary refusal of the judge to order forfeiture upon conviction impairs the right of the department to commence proceedings to order the forfeiture of fish nets or traps pursuant to Section 8630.

Section § 12157.5

Explanation

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.

The judge before whom any person is tried and convicted of violating Sections 2004 and 2016 and, at the same proceeding, is also tried and convicted of violating Section 2001 or 2005 may, in his discretion, order the forfeiture of any motor vehicle or snowmobile used in committing one or more of the offenses charged. Any vehicle so forfeited shall be sold or destroyed by the department. The proceeds from all such sales shall be paid into the Fish and Game Preservation Fund, except that any valid liens on the forfeited property shall first be paid from proceeds of the sale unless the lienholder is a conspirator. For purposes of this section, forfeiture of bail or a plea of nolo contendere shall constitute a conviction.

Section § 12158

Explanation

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.

The sport fishing or hunting license of any person to whom such a license has been issued, may, in the discretion of the court, be suspended or revoked upon his conviction of a violation of any provision of this code or regulation made pursuant thereto relating to hunting or fishing for purposes other than profit, in addition to any fine or other punishment imposed.
Any person who obtains another hunting or fishing license during the period his license has been suspended or revoked is guilty of a misdemeanor.

Section § 12158.5

Explanation

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.

For the purpose of invoking any provision of this code, or any rule, regulation, or order made or adopted under this code, relating to the suspension, revocation, or forfeiture of any license or permit, a plea of nolo contendere or “no contest” to, or forfeiture of bail from, a charge of a violation of any provision of this code, or any rule, regulation, or order made or adopted under this code, is a conviction of a violation thereof.

Section § 12159

Explanation

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.

All birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or any part thereof, which have been taken, possessed, sold, imported, or transported contrary to any of the laws of this state shall be seized by the department, and, in accordance with the commission’s regulations, notice of seizure shall be given to the person who had possession of the birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or any part thereof, at the time of the seizure if that person is known.

Section § 12159.5

Explanation

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.

The judge before whom any person is tried for a violation of a provision of this code that prohibits the taking of any endangered species, threatened species, or fully protected bird, mammal, reptile, amphibian, or fish, as specified by Sections 12008 and 12008.1, may, in the court’s discretion and upon the conviction of that person, order the forfeiture of any proceeds resulting from the taking of the endangered species, threatened species, or fully protected bird, mammal, reptile, amphibian, or fish.

Section § 12160

Explanation

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.

All birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or any part thereof, seized in accordance with Section 12159, the sale of which is not prohibited and which have a current market value of one hundred dollars ($100) or more, shall be packed, preserved, sold for bait, used for fish food in state-owned fish hatcheries, or otherwise put to economical use immediately upon seizure, at the prevailing market price for legal birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians in effect on the date of seizure. Any proceeds thereof shall be placed in the Fish and Game Preservation Fund. If the person from whom such birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians were seized is not convicted in a court of competent jurisdiction for the offense out of which the seizure arose, then and in that event the proceeds shall be returned to that person.

Section § 12161

Explanation

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.

The judge before whom any person is tried for taking, possessing, selling, importing, or transporting birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians or parts thereof contrary to the laws of this state shall upon the conviction of the accused make an order forfeiting and disposing of the birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or parts thereof, in accordance with the provisions of Section 12160. However, if the birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or parts thereof may not be sold lawfully or have a current market value of less than one hundred dollars ($100), the judge may at his or her discretion order that they be donated to a state, county, city, or any charitable institution, or that they be destroyed.

Section § 12162

Explanation

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.

A bird, mammal, fish, reptile, or amphibian seized under circumstances in which it cannot be determined who took, possessed, sold, imported, or transported the bird, mammal, fish, reptile, or amphibian contrary to law may be sold or donated to a state, county, city, city and county, or charitable institution.

Section § 12163

Explanation

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.

A person who purchases birds, mammals, fish, reptiles, or amphibians from the department pursuant to the preceding sections shall, upon delivery, pay to the department, for deposit in the Fish and Game Preservation Fund, the prevailing market price for legal birds, mammals, fish, reptiles, or amphibians in effect on the date of seizure.

Section § 12164

Explanation

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.

The court before whom a person has been convicted of trespassing under Section 602 of the Penal Code shall, in addition to any other fine or forfeiture imposed, confiscate any bird or mammal taken while trespassing, and shall dispose of the bird or mammal to a charitable institution or cause it to be destroyed if unfit for human consumption.

Section § 12165

Explanation

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.

When any person licensed as a guide under Section 2536 is adjudged guilty by a court of competent jurisdiction of violating or permitting the violation of any provision of this code or regulation made pursuant thereto, in addition to any fine or other punishment imposed, the court may revoke his guide license.
Any person who obtains another guide license within two years after a guide license issued to him has been revoked or forfeited, is guilty of a misdemeanor.

Section § 12166

Explanation

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.

A termination of probation and dismissal of charges pursuant to Section 1203.4 of the Penal Code or a dismissal of charges pursuant to Section 1203.4a of the Penal Code does not affect either a past revocation or suspension of any license or permit to take fish or game or the authority of the commission or a court to revoke or suspend a license or permit to take fish and game.