Chapter 3California Indians

Section § 12300

Explanation

This law states that California Indians, who are listed on tribal rolls, are exempt from the provisions of this code while on their reservation, in specific situations where these laws did not apply to them before a 1953 federal law. They cannot be prosecuted for breaking these laws in these circumstances.

However, they can still be prosecuted for violating specific provisions of the code related to the sale of animals like birds, mammals, fish, amphibians, or reptiles.

(a)CA Fish and Game Code § 12300(a) Notwithstanding any other provision of law, the provisions of this code are not applicable to California Indians whose names are inscribed upon the tribal rolls, while on the reservation of that tribe and under those circumstances in this state where the code was not applicable to them immediately before the effective date of Public Law 280, Chapter 505, First Session, 1953, 83d Congress of the United States.
(b)CA Fish and Game Code § 12300(b) No Indian described in subdivision (a) shall be prosecuted for the violation of any provision of this code occurring in the places and under the circumstances described in subdivision (a). Nothing in this section, however, prohibits or restricts the prosecution of an Indian for the violation of a provision of this code prohibiting the sale of a bird, mammal, fish, amphibian, or reptile.
California Indians tribal rolls reservation exemption Public Law 280 1953 federal law prosecution exemption tribal reservations animal sale laws native sovereignty tribal law wildlife regulations tribal rights amphibian sales fish sales reptile sales
(Amended by Stats. 2015, Ch. 154, Sec. 113. (AB 1527) Effective January 1, 2016.)