CCLME.ORG - FGC Chapter 1 (commencing with 2000) Div.3
Loading (50 kb)...'
State
California
FGC Sec 2000-2019 TAKING AND POSSESSING IN GENERAL (Fish and Game Generally)


FISH AND GAME CODE
SECTION 2000-2019





2000. It is unlawful to take any bird, mammal, fish, reptile, or
amphibian except as provided in this code or regulations made
pursuant thereto. Possession of a bird, mammal, fish, or reptile or
parts thereof in or on the fields, forests, or waters of this state,
or while returning therefrom with fishing or hunting equipment is
prima facie evidence the possessor took the bird, mammal, fish or
reptile or parts thereof.



2000.5. (a) Notwithstanding Section 219, 2000, or any other
provision of law, and notwithstanding any requirement for a permit or
license or other entitlement to take a species, the accidental
taking of a bird, mammal, reptile, or amphibian by collision with a
motor vehicle while the vehicle is being operated on a road or
highway is not a violation of this code or a regulation adopted
pursuant to this code. For purposes of this section, "highway" means
highway as defined by Section 360 of the Vehicle Code and"road"
means road as defined by Section 527 of the Vehicle Code. Nothing in
this section authorizes a person to possess any bird, mammal,
reptile, or amphibian accidentally taken by collision with a motor
vehicle as provided in this subdivision.
(b) This section does not apply to Chapter 1.5 (commencing with
Section 2050) of Division 3.


2001. (a) Unless otherwise provided, it is unlawful to possess
fish, reptiles, or amphibia except during the open season where taken
and for 10 days thereafter; and not more than the possession limit
thereof may be possessed during the period after the close of the
open season.
(b) Except as provided in Section 3080, it is unlawful to possess
game birds or mammals except during the open season where taken.




2002. It is unlawful to possess any bird, mammal, fish, reptile, or
amphibian, or parts thereof, taken in violation of any of the
provisions of this code, or of any regulation made under it.



2003. (a) Except as specified in subdivisions (b), (c), and (d), it
is unlawful to offer any prize or other inducement as a reward for
the taking of any game birds, mammals, fish, reptiles, or amphibians
in an individual contest, tournament, or derby.
(b) The department may issue a permit to any person authorizing
that person to offer a prize or other inducement as a reward for the
taking of any game fish, as defined by the commission by regulation,
if it finds that there would be no detriment to the resource. The
permit is subject to regulations adopted by the commission. The
application for the permit shall be accompanied by a fee in the
amount determined by the department as necessary to cover the
reasonable administrative costs incurred by the department in issuing
the permit. However, the department may waive the permit fee if the
contest, tournament, or derby is for persons under the age of 16
years, or who are physically or mentally challenged, the primary
purpose of the contest, tournament, or derby is to introduce young
anglers to, or educate them about fishing. All permits for which the
fee is waived pursuant to this subdivision shall comply with all
other requirements set forth in this section.
(c) This section does not apply to any person conducting what are
generally known as frog-jumping contests or fish contests conducted
in waters of the Pacific Ocean.
(d) This section does not apply to any person conducting an
individual contest, tournament, or derby for the taking of game birds
and mammals, if the total value of all prizes or other inducements
is less than five hundred dollars ($500) for the individual contest,
tournament, or derby.



2003.5. (a) The Legislature finds and declares that the fish of
this state are a vital, renewable resource which provides recreation,
outdoor experiences, and food for many of this state's citizens.
Therefore, it is in the state's best interests to promote volunteer
private rehabilitation and improvement of fisheries, fish habitat,
and resources.
(b) The Legislature declares it is the policy of this state to
encourage cooperation by local, regional, state, and federal
governmental agencies with jurisdiction over inland waters with
private groups and associations in order to do fish habitat and
restoration work. This policy shall be pursued through the
implementation of a program known as the "Adopt a Lake Program."




2003.6. The department may implement the "Adopt a Lake Program" to
facilitate private groups' and associations' undertaking volunteer
efforts to rehabilitate and improve fisheries, fish habitat, and
resources. In implementing this program, the department shall
prepare and periodically update a plan for the volunteer efforts to
be undertaken. The plan shall be prepared cooperatively by the
department, the private group or association, and the public agency
with jurisdiction over the inland water to be affected by the plan.
The plan shall be consistent with the management plan and management
objectives of the department and the public agency with jurisdiction
over the inland water.



2004. It is unlawful for any person, while taking any bird, mammal,
fish, reptile, or amphibian, to cause damage, or assist in causing
damage, to real or personal property, or to leave gates or bars open,
or to break down, destroy, or damage fences, or to tear down or
scatter piles of rails, posts, stone, or wood, or, through
carelessness or negligence, to injure livestock of any kind.



2005. It is unlawful to use an artificial light to assist in the
taking of game birds, game mammals, or game fish, except that this
section shall not apply to sport fishing in ocean waters or other
waters where night fishing is permitted if the lights are not used on
or as part of the fishing tackle, commercial fishing, nor to the
taking of mammals, the taking of which is governed by Article 2
(commencing with Section 4180) of Chapter 3, Part 3, Division 4.
It is unlawful for any person, or one or more persons, to throw or
cast the rays of any spotlight, headlight, or other artificial light
on any highway or in any field, woodland, or forest where game
mammals, fur-bearing mammals, or nongame mammals are commonly found,
or upon any game mammal, fur-bearing mammal, or nongame mammal, while
having in his possession or under his control any firearm or weapon
with which such mammal could be killed, even though the mammal is not
killed, injured, shot at, or otherwise pursued.
It is unlawful to use or possess at any time any infrared or
similar light used in connection with an electronic viewing device
sometimes designated as a sniperscope to assist in the taking of
birds, mammals, amphibia, or fish.
The provisions of this section shall not apply to the following:
(a) To the use of a hand held flashlight no larger, nor emitting
more light, than a two-cell, three-volt flashlight, provided such
light is not affixed in any way to a weapon, or to the use of a lamp
or lantern which does not cast a directional beam of light.
(b) In the case of headlights of a motor vehicle operated in a
usual manner and there is no attempt or intent to locate a game
mammal, fur-bearing mammal, or nongame mammal.
(c) To the owner, or his employee, of land devoted to the
agricultural industry while on such land, or land controlled by such
an owner and in connection with such agricultural industry.
(d) To such other uses as the commission may authorize by
regulation.
No person shall be arrested for violation of this section except
by a peace officer.



2006. It is unlawful to possess a loaded rifle or shotgun in any
vehicle or conveyance or its attachments which is standing on or
along or is being driven on or along any public highway or other way
open to the public.
A rifle or shotgun shall be deemed to be loaded for the purposes
of this section when there is an unexpended cartridge or shell in the
firing chamber but not when the only cartridges or shells are in the
magazine.
The provisions of this section shall not apply to peace officers
or members of the armed forces of this State or the United States,
while on duty or going to or returning from duty.



2007. It is unlawful to set, cause to be set, or placed any trap
gun.
A "trap gun" is a firearm loaded with other than blank cartridges
and connected with a string or other contrivance contact with which
will cause the firearm to be discharged.



2009. (a) A person shall not willfully interfere with the
participation of any individual in the lawful activity of shooting,
hunting, fishing, falconry, or trapping at the location where that
activity is taking place.
(b) A violation of this section is an infraction punishable by a
fine of not less than one hundred dollars ($100) nor more than five
hundred dollars ($500).
(c) If any person is convicted of a violation of this section and
the offense occurred within two years of another separate violation
of this section which resulted in a conviction, the violation is a
misdemeanor punishable by a fine of not less than one hundred dollars
($100) nor more than one thousand dollars ($1,000), by imprisonment
in the county jail for not more than one year, or by both that fine
and imprisonment.
(d) This section does not apply to the actions of any peace
officer or personnel of the department in the performance of their
official duties. This section does not obstruct the rights and
normal activities of landowners or tenants, including, but not
limited to, farming, ranching, and limiting unlawful trespass.
(e) In order to be liable for a violation of this section, the
person is required to have had the specific intent to interfere with
the participation of an individual who was engaged in shooting,
hunting, fishing, falconry, or trapping.
(f) For purposes of this section, "interfere with" means any
action which physically impedes, hinders, or obstructs the lawful
pursuit of any of the above-mentioned activities, including, but not
limited to, actions taken for the purpose of frightening away animals
from the location where the lawful activity is taking place.



2010. It is unlawful to use or possess a shotgun larger than
10-gauge, or to use or possess a shotgun capable of holding more than
six cartridges at one time to take any mammal or bird. However, the
commission may, after public hearing, adopt regulations relative to
the ammunition capacity of shotguns for taking mammals or birds that
are further restrictive or that it determines may be needed to
conform to federal law. Shotguns that have been modified with the
insertion of a plug are deemed, for the purpose of this section, to
have a cartridge capacity equal to the number of cartridges that can
be loaded into the weapon as modified.



2011. Any person who takes, mutilates or destroys any bird or
mammal, lawfully in the possession of another, shall be guilty of a
misdemeanor.
For the purpose of this section, a bird or mammal shall be deemed
in possession (a) when it is actually reduced to physical possession
or (b) when it is wounded or otherwise maimed and the person who
wounded or otherwise maimed it is in hot pursuit.



2012. All licenses, license tags, and the birds, mammals, fish,
reptiles, or amphibia taken or otherwise dealt with under the
provisions of this code, and any device or apparatus designed to be,
and capable of being, used to take birds, mammals, fish, reptiles, or
amphibia shall be exhibited upon demand to any person authorized by
the department to enforce the provisions of this code or any law
relating to the protection and conservation of birds, mammals, fish,
reptiles, or amphibia.



2013. Unless otherwise provided, the provisions of this code
relating to the possession of birds, mammals, fish, reptiles,
amphibia, or parts thereof apply to birds, mammals, fish, reptiles,
amphibia, or parts thereof taken either in or outside of this state.




2014. (a) It is the policy of this state to conserve its natural
resources and to prevent the willful or negligent destruction of
birds, mammals, fish, reptiles, or amphibia.
The state may recover damages in a civil action against any person
or local agency which unlawfully or negligently takes or destroys
any bird, mammal, fish, reptile, or amphibian protected by the laws
of this state.
(b) The measure of damages is the amount which will compensate for
all the detriment proximately caused by the destruction of the
birds, mammals, fish, reptiles, or amphibia.
(c) An action to recover damages under this section shall be
brought in the name of the people of the state, in a court of
competent jurisdiction in the county in which the cause of action
arose. The State Water Resources Control Board shall be notified of,
and may join in, any action brought under this section when the
activities alleged to have caused the destruction of any bird,
mammal, fish, reptile, or amphibian may involve either the unlawful
discharge of pollutants into the waters of the state or other
violation of Division 7 (commencing with Section 13000) of the Water
Code.
(d) This section does not apply to persons or local agencies
engaged in agricultural pest control, to the destruction of fish in
irrigation canals or works or irrigation drainages, or to the
destruction of birds or mammals killed while damaging crops as
provided by law.
(e) No damages may be recovered against a local agency pursuant to
this section if civil penalties are assessed against the local
agency for the same detriment pursuant to Division 7 (commencing with
Section 13000) of the Water Code.
(f) Any recovery or settlement of money damages, including, but
not limited to, civil penalties, arising out of any civil action
filed and maintained by the Attorney General in the enforcement of
this section shall be deposited by the department in the subaccounts
of the Fish and Wildlife Pollution Account in the Fish and Game
Preservation Fund as specified in Section 13011.
(g) For purposes of this section, "local agency" includes any
city, county, city and county, district, public authority, or other
political subdivision.


2015. It is unlawful to possess any bird, mammal, fish or amphibian
which may not be legally sold, in any restaurant or other eating
establishment unless the possession is by the person who lawfully
took or otherwise legally possessed the bird, mammal, fish, or
amphibian or is by a person preparing the bird, mammal, fish or
amphibian for consumption by the person who lawfully took or
possessed it, or such person and others, and the person who took or
possessed it is present on the premises.
This section does not apply to birds, mammals, fish or amphibia in
a restaurant or other eating establishment which are tagged with a
signed statement of the name and address of the person who took them,
the date taken, and the total number and kind of birds, mammals,
fish or amphibia.


2016. It is unlawful to enter any lands under cultivation or
enclosed by a fence, belonging to, or occupied by, another, or to
enter any uncultivated or unenclosed lands, including lands
temporarily inundated by waters flowing outside the established banks
of a river, stream, slough, or other waterway, where signs
forbidding trespass are displayed at intervals not less than three to
the mile along all exterior boundaries and at all roads and trails
entering such lands, for the purpose of discharging any firearm or
taking or destroying any mammal or bird, including any waterfowl, on
such lands without having first obtained written permission from the
owner of such lands, or his agent, or the person in lawful possession
thereof. Such signs may be of any size and wording, other than the
wording required for signs under Section 2017, which will fairly
advise persons about to enter the land that the use of such land is
so restricted.


2017. It is unlawful to take any mammal or bird or to discharge any
firearm upon any land (whether fenced, cultivated, or not) where
signs, at least 81/2 inches by 11 inches in size and reading:
"PRIVATE PROPERTY NO HUNTING" are displayed at intervals not less
than three to the mile along all exterior boundaries and at all roads
and trails entering the land.
This section applies to all persons, including the owner or the
person in lawful possession of the land, and any person obtaining
permission, written or oral, from the owner or the person in lawful
possession of the land, so long as the signs remain posted on the
land.
Nothing in this section prohibits the owner or his or her agent
from taking nonprotected mammals or birds on the land.



2018. It is unlawful to post any sign indicating an area is a state
or federal refuge unless it is established by state or federal law,
or to post any sign prohibiting trespass or hunting on any land
unless authorized by the owner or the person in lawful possession of
such lands.
It is unlawful for any person to maliciously tear down, mutilate,
or destroy any sign, signboard or other notice forbidding hunting or
trespass on land.



2019. It is unlawful for any person, including state, federal,
county, and city officials or their agents, to authorize, offer or
pay a bounty for any bird or mammal. This section does not apply to
any person with respect to the taking of any bird or mammal on the
private property of such person.