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State
California
FGC Sec 2580-2589 CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE

FISH AND GAME CODE
SECTION 2580-2589





2580. The definitions in this section govern the construction of
this chapter.
(a) "Qualified hearing officer" means an attorney admitted to the
State Bar of California who is knowledgeable in fish and wildlife
law.
(b) "Transport" means to move, convey, carry, or ship by any
means, or to deliver or receive for the purpose of movement,
conveyance, carriage, or shipment.



2581. If the loss is lawful under this code and regulations adopted
under this code, this chapter does not apply to the loss of any
bird, mammal, amphibian, reptile, or fish as a result of any of the
following acts:
(a) Implementing lawful forestry practices.
(b) Implementing lawful agricultural practices.
(c) Any development or maintenance activity carried out pursuant
to the terms of a permit issued by the federal government, the state,
or any city, county, or district, or any agency thereof.



2582. (a) The department may impose civil liability upon any person
pursuant to this chapter for any of the following acts done for
profit or personal gain:
(1) Unlawfully export, import, transport, sell, possess, receive,
acquire, or purchase, or unlawfully assist, conspire, or aid in the
importing, exporting, transporting, sale, possession, receiving,
acquisition, or purchasing of, any bird, mammal, amphibian, reptile,
or fish which are taken or possessed in violation of this code or the
regulations adopted pursuant to this code.
(2) Unlawfully export, import, transport, sell, possess, receive,
acquire, or purchase, or unlawfully assist, conspire, or aid in the
importing, exporting, transporting, sale, possession, receiving,
acquisition, or purchasing of any plants, insects, or other species
listed pursuant to the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050)), which are taken or possessed in
violation of this code or the regulations adopted pursuant to this
code.
(3) Unlawfully export, import, transport, sell, possess, receive,
acquire, or purchase any bird, mammal, amphibian, reptile, or fish,
or any endangered or threatened species, or any fully protected bird,
mammal, or fish which has been taken, possessed, transported, or
sold in violation of this code or the regulations adopted pursuant to
this code.
(4) Unlawfully possess any bird, mammal, amphibian, reptile, or
fish, or any endangered or threatened species, or any fully protected
bird, mammal, or fish which has been taken, possessed, transported,
or sold in violation of this code or any regulations adopted pursuant
to this code within the maritime and territorial jurisdiction of the
state or within the portions of the special maritime jurisdiction
of the United States upon which the State of California exercises
concurrent jurisdiction, either by statute, deputization, or by
contract with the United States.
(5) Having exported, imported, transported, sold, purchased, or
received any bird, mammal, amphibian, reptile, or fish, or any
endangered or threatened species, or any fully protected bird,
mammal, or fish, unlawfully make or submit any false record, account,
label, or identification thereof.
(6) Attempt to commit any unlawful act, or unlawfully attempt to
commit any act, described in paragraphs (1) to (5), inclusive.
(b) The department may impose civil liability upon any person
pursuant to this chapter for unlawfully exporting, importing,
possessing, receiving, or transporting in interstate commerce any
container or package containing any bird, mammal, amphibian, reptile,
or fish, or any endangered or threatened species, or any fully
protected bird, mammal, or fish unless the container or package has
previously been plainly marked, labeled, or tagged in accordance with
this code and the regulations adopted pursuant to this code.
(c) The department may impose civil liability upon any person
pursuant to this chapter for any unlawful failure or refusal to
maintain any records or paperwork as required by this code.



2583. (a) Except as provided in subdivision (b), any person who
violates this code or any regulation adopted to carry out this code,
and, with the exercise of due care, should have known that the birds,
mammals, amphibians, reptiles, or fish, or the endangered or
threatened species, or the fully protected birds, mammals, or fish
were taken, possessed, transported, imported, received, purchased,
acquired, or sold in violation of, or in a manner unlawful under,
this code, may be assessed a civil penalty. The civil penalty
imposed under this chapter by the department shall not be more than
ten thousand dollars ($10,000) for each bird, mammal, amphibian,
reptile, or fish, or for each endangered or threatened species, or
each fully protected bird, mammal, or fish unlawfully taken,
possessed, transported, imported, received, purchased, acquired, or
sold. This civil penalty may be in addition to any other penalty,
civil or criminal, provided in this code or otherwise by law.
(b) No civil penalties shall be imposed under this chapter until
the guidelines for the imposition of the penalties are adopted by the
commission pursuant to Section 500.



2584. (a) Upon an actionable violation, the department shall
consult, as to the appropriate civil or criminal remedy, with the
district attorney in the jurisdiction where the violation was alleged
to have occurred. Before proceeding with a civil action, the
department shall seek the concurrence of the Attorney General.
(b) The director shall appoint a qualified referee or hearing
board, composed of one or any combination of the following persons:
(1) A qualified hearing officer, as defined in subdivision (a) of
Section 2580.
(2) A retired judge of the Superior Court who is knowledgeable in
fish and wildlife law.
(3) A qualified neutral referee, appointed upon petition to the
Superior Court in which the violation was alleged to have occurred.
(c) The director, after investigation of the facts and
circumstances, may issue a complaint to any person on whom a civil
penalty may be imposed pursuant to Section 2582 or 2583. The
complaint shall allege the acts or failures to act that constitute a
basis for a civil penalty and the amount of the proposed civil
penalty. The complaint shall be served by personal service or
certified mail and shall inform the person so served that a hearing
shall be conducted within 60 days after the person has been served,
unless the person waives the right to a hearing. If the person
waives the right to a hearing, the department shall issue an order
setting liability in the amount proposed in the complaint. If the
person has waived the right to a hearing or if the department and the
person have entered into a settlement agreement, the order shall be
final.
(d) Any hearing required under this section shall be conducted by
a referee or hearing board according to the procedures specified in
Sections 11507 to 11517, inclusive, of the Government Code, except as
otherwise provided in this section. In making a determination, the
hearing officer may consider the records of the department in the
matter, the complaint, and any new facts brought to his or her
attention by that person. The hearing officer shall be the sole
trier of fact as to the existence of a basis for liability under
Section 2582 or 2583. The hearing officer shall make the
determination of the facts of the case and shall prepare and submit
the proposed decision, including recommended penalty assessment, to
the director for his or her review and assistance in the penalty
assessment process.
(e) The director may assess the civil penalty, and may reduce the
amount, or not impose any assessment, of civil penalties based upon
the nature, circumstances, extent, and gravity of the prohibited acts
alleged, and the degree of culpability of the violator; or the
director may enter into a settlement agreement with the person in the
best interests of the state or confirm the amount of civil penalties
contained in the complaint. If the director reduces the amount of
the civil penalty, does not impose the civil penalty, or enters into
a settlement agreement, the director shall seek the recommendation of
the hearing officer and enter into the records of the case the
reasons for that action, including the hearing officer's
recommendation. The decision of the director assessing the civil
penalty is final. The proposed decision is a public record and shall
be served upon the person. The director may approve the proposed
decision in its entirety, or the director may reduce the proposed
penalty and adopt the balance of the proposed decision.
(f) Upon the final assessment of the civil penalty, the department
shall issue an order setting the amount of the civil penalty to be
imposed. An order setting civil liability under this section becomes
effective and final upon the issuance thereof, and payment shall be
made within 30 days of issuance. Copies of the order shall be served
by personal service or by certified mail upon the person served with
the complaint and upon other persons who appeared before the
director and requested a copy. Copies of the order shall be provided
to any person within 10 days of receipt of a written request from
that person.
(g) Within 30 days after service of a copy of an order setting the
amount of the civil penalty, any person so served may file with the
superior court a petition for a writ of mandate for review of the
order. In all proceedings pursuant to this subdivision, the court
shall exercise its independent judgment on the evidence in the whole
record. The filing of a petition for a writ of mandate shall not
stay any other civil or criminal action.
(h) The records of the case, after all appeals are final, are
public records, as defined in subdivision (d) of Section 6252 of the
Government Code.



2585. The civil penalties imposed under this chapter are in
addition to any forfeiture of equipment pursuant to Section 12157 or
forfeiture of birds, mammals, amphibia, reptiles, or fish pursuant to
Section 12159.


2586. (a) The director may pay a reward from any funds available
for that purpose to any person who furnished information which led to
an arrest, a criminal conviction, an order of assessment of a civil
penalty, or for forfeiture of property for any violation of this code
or any regulation adopted pursuant to this code. The amount of
reward, if any, shall be designated by the director with the advice
of the CalTIP Award Board.
(b) This chapter does not apply to any action brought to recover
damages under Section 2014.



2587. (a) Notwithstanding Section 12511 of the Government Code, the
department may retain or appoint legal counsel to prepare and
prosecute civil actions under this chapter.
(b) Any action to recover civil penalties imposed under this
chapter shall be commenced within three years after discovery of the
commission of the offense.



2588. All civil penalties and revenues from forfeitures collected
pursuant to this chapter shall be deposited in the Fish and Game
Preservation Fund.


2589. The commission and the department may adopt regulations as
are necessary to carry out their responsibilities under this chapter.