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California

West's Annotated California Codes. Fish and Game Code. Division 3. Fish and Game Generally. Chapter 1. Taking and Possessing in General

Statute Details
Printable Version
Citation: CA FISH & G 2000 - 2021.5

Citation: West's Ann. Cal. Fish & G. Code 2000 - 2021.5


Last Checked by Web Center Staff: 11/2012

Summary:   These sections make it unlawful to take any bird, mammal, fish, reptile, or amphibian except as provided in this code.  Some of the restrictions in the code refer to taking after season, offering a prize or inducement to take game, setting a bounty for an animal, using sniper scopes, artificial lights, or trap guns.  Section 2009 also makes it a crime willfully interfere with the participation of any individual in the lawful activity of shooting, hunting, or fishing.


Statute in Full:

§ 2000.  Unlawful Taking; Possession as Prima Facie Evidence of Taking 

§ 2000.5.  Collision while operating motor vehicle; accidental taking; violation of code

§ 2001.  Unlawful Taking or Possession

§ 2002.  Possession of Game Unlawfully Taken   

§ 2003.  Offering Prize for Taking   

§ 2003.5.  Legislative Findings and Declarations  

§ 2003.6. Facilitation of volunteer efforts to rehabilitate and improve fisheries, fish habitat, and resources; plan

§ 2004.  Damage to Property; Injuring Livestock   

§ 2005.  Use of Lights; Exemptions   

§ 2006.  Possession of Loaded Rifle or Shotgun in Vehicle; Exceptions   

§ 2007.  Setting Trap Gun; Definition  

§ 2008.  [Section repealed 1976.]

§ 2009.  Willful Interference with Lawful Activity   

§ 2010.  Use or Possession of Shotgun   

§ 2011.  Taking, Mutilating, or Destroying Another's Bird or Mammal

§ 2011.5. Removal of collar from hunting dog; unlawful without written permission

§ 2012.  Exhibition to Officer of Thing Demanded  

§ 2013.  Application of Provisions   

§ 2014.  Policy of State; Damages for Taking or Destroying Protected Game; Exceptions   

§ 2015.  Unlawful Possession in Restaurant or Eating Establishment; Exceptions 

§ 2016.  Prohibition Against Entry upon Certain Lands for Purpose of Discharging Firearm or Taking or Destroying Mammals or Birds   

§ 2017.  Unlawful Taking or Discharge of Firearm on Private Property   

§ 2018.  Unauthorized Posting; Destruction of Signs

§ 2019. Unlawful bounty for birds or mammals

§ 2020. Violation of Fish and Game regulations; punishment

§ 2021. Shark fins; unlawful possession, sale, offer for sale, trading, or distribution; exceptions

§ 2021.5. Shark fins; possession or donation by persons holding license or permit to take or land sharks for recreational or commercial purposes; possession, sale, offer for sale, trade, or distribution of shark fins possessed as of Jan. 1, 2012; sale or possession for taxidermy purposes; annual report to Legislature
 

 

 

 § 2000.  Unlawful Taking; Possession as Prima Facie Evidence of Taking   

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.

CREDIT(S)
(Stats.1957, c. 456, p. 1341, § 2000. Amended by Stats.1972, c. 974, p. 1766, § 5; Stats.1977, c. 1208, p. 4082, § 4.)

 

§ 2000.5.  Collision while operating motor vehicle; accidental taking; violation of code   

(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. However, accidental takes on the road or highway may be removed by the state or local agency having jurisdiction over the road or highway.

(b) This section does not apply to Chapter 1.5 (commencing with Section 2050).

CREDIT(S)

(Added by Stats.1995, c. 694 (S.B.1258), § 1. Amended by Stats.2008, c. 257 (A.B.2999), § 1.)

 

§ 2001.  Unlawful Taking or Possession  

(a) It is unlawful to take mammals, birds, fish, reptiles, and amphibians outside of established seasons or to exceed any bag limit or possession limit established in this code or by regulations adopted by the commission. Violation of any established season, bag limit, or possession limit may be charged as a violation of this section or of the specific code section or regulation that establishes the season or limit.

(b) Unless otherwise provided, it is unlawful to possess fish, reptiles, or amphibians 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.

(c) Except as provided in Section 3080, it is unlawful to possess game birds or mammals except during the open season where taken.

CREDIT(S)

(Stats.1957, c. 456, p. 1341, § 2001. Amended by Stats.1972, c. 974, p. 1766, § 6; Stats.1998, c. 531 (A.B.2440), § 2; Stats.2007, c. 285 (A.B.1729), § 22.)

 

§ 2002.  Possession of Game Unlawfully Taken   

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.

CREDIT(S)
(Stats.1957, c. 456, p. 1341, § 2002. Amended by Stats.1972, c. 974, p. 1767, § 7.)

 

§ 2003.  Offering Prize for Taking   

(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.

CREDIT(S)

(Stats.1957, c. 456, p. 1341, § 2003. Amended by Stats.1961, c. 953, p. 2595, § 1; Stats.1972, c. 974, p. 1767, § 8; Stats.1974, c. 619, p. 1466, § 1; Stats.1980, c. 1052, p. 3378, § 1; Stats.1984, c. 1098, § 1; Stats.1985, c. 124, § 1; Stats.1986, c. 217, § 1; Stats.1987, c. 13, § 1, eff. April 30, 1987; Stats.1987, c. 363, § 1; Stats.1989, c. 564, § 3; Stats.1996, c. 870 (A.B.3245), § 5.5; Stats.2003, c. 610 (A.B.1770), § 7; Stats.2004, c. 431 (A.B.2760), § 8.)

 

§ 2003.5.  Legislative Findings and Declarations   

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.

(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."

CREDIT(S)

(Added by Stats.1988, c. 850, § 1.)

 

§ 2003.6. Facilitation of volunteer efforts to rehabilitate and improve fisheries, fish habitat, and resources; plan

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.

CREDIT(S)

(Added by Stats.1988, c. 850, § 2.)

 

§ 2004.  Damage to Property; Injuring Livestock   

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.

CREDIT(S)

(Stats.1957, c. 456, p. 1341, § 2004. Amended by Stats.1974, c. 605, p. 1446, § 2.)

 

§ 2005.  Use of Lights; Exemptions   

(a) Except as otherwise authorized by this section, 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 of Part 3 of Division 4.

(b) 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 or her possession or under his or her control any firearm or weapon with which that mammal could be killed, even though the mammal is not killed, injured, shot at, or otherwise pursued.

(c) It is unlawful to use or possess at any time any infrared or similar light used in connection with an electronic viewing device or any night vision equipment, optical devices, including, but not limited to, binoculars or scopes, that use light-amplifying circuits that are electrical or battery powered, to assist in the taking of birds, mammals, amphibians, or fish.

(d) The provisions of this section do not apply to any of the following:

(1) The use of a hand-held flashlight no larger, nor emitting more light, than a two-cell, three-volt flashlight, provided that light is not affixed in any way to a weapon, or to the use of a lamp or lantern that does not cast a directional beam of light.

(2) Headlights of a motor vehicle operated in a usual manner where there is no attempt or intent to locate a game mammal, fur-bearing mammal, or nongame mammal.

(3) To the owner, or his or her employee, of land devoted to the agricultural industry while on that land, or land controlled by such an owner and in connection with the agricultural industry.

(4) To those other uses as the commission may authorize by regulation.

(e) A person shall not be arrested for violation of this section except by a peace officer.

CREDIT(S)

(Stats.1957, c. 456, p. 1341, § 2005. Amended by Stats.1958, 1st Ex.Sess., c. 31, p. 225, § 1; Stats.1959, c. 1088, p. 3153, § 1; Stats.1977, c. 1028, p. 3081, § 1; Stats.2007, c. 285 (A.B.1729), § 23.)

 

§ 2006.  Possession of Loaded Rifle or Shotgun in Vehicle; Exceptions   

(a) 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.

(b) 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.

(c) 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.

CREDIT(S)

(Stats.1957, c. 456, p. 1342, § 2006. Amended by Stats.2010, c. 178 (S.B.1115), § 28, operative Jan. 1, 2012.)

 

§ 2007.  Setting Trap Gun; Definition   

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.

CREDIT(S)
(Stats.1957, c. 456, p. 1342, § 2007.)

 

§ 2008.  [Section repealed 1976.]

 

§ 2009.  Unlawful interference with shooting, hunting, etc.; punishment; application of section; required intent

(a) A person shall not willfully interfere with the participation of any individual in the lawful activity of shooting, hunting, fishing, falconry, hunting dog field trials, hunting dog training, or trapping at the location where that activity is taking place.

(b) A violation of this section is punishable pursuant to subdivision (b) of Section 12000.

(c) Any person convicted for a violation of this section that occurred within two years of a prior violation of this section which resulted in a conviction is guilty of a misdemeanor, punishable by imprisonment in the county jail for a period of not more than one year, by a fine of not less than one hundred dollars ($100) and not to exceed one thousand dollars ($1,000), or by both imprisonment and fine.

(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 lawful shooting, hunting, fishing, falconry, hunting dog field trials, hunting dog training, 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, all of the following:

(1) Actions taken for the purpose of frightening away animals from the location where the lawful activity is taking place.

(2) Placing or maintaining signs, gates, locks, or barricades that prohibit or deny access to lands without authorization from the landowner or lessee or an authorized designee of the landowner or lessee.

(3) Placing food on lands not belonging to the person placing the food for purposes of eliminating the lawful ability to hunt due to the presence of bait, as defined in this code or regulations adopted pursuant to this code.

CREDIT(S)

(Added by Stats.1988, c. 1278, § 1. Amended by Stats.2009, c. 394 (A.B.1423), § 5.)

 

§ 2010.  Use or Possession of Shotgun   

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.

CREDIT(S)

(Stats.1957, c. 456, p. 1342, § 2010. Amended by Stats.1995, c. 321 (A.B.1305), § 2.)

 

§ 2011.  Taking, Mutilating, or Destroying Another's Bird or Mammal

 (a) It is unlawful for any person to take, mutilate, or destroy any bird or mammal lawfully in the possession of another.

(b) For the purpose of this section, a bird or mammal shall be deemed in possession when it is actually reduced to physical possession or when it is wounded or otherwise maimed and the person who wounded or otherwise maimed it is in hot pursuit.

CREDIT(S)

(Stats.1957, c. 456, p. 1342, § 2011. Amended by Stats.2007, c. 285 (A.B.1729), § 25.)

 

 § 2011.5. Removal of collar from hunting dog; unlawful without written permission

(a) It is unlawful for a person to remove from a hunting dog any collar, including an electronic or radio transmitting device, without possessing written permission from the dog's owner allowing the removal of the collar.

(b) As used in this section, “hunting dog” means a dog in the field actively engaged in the taking of mammals or birds, or a dog actively being trained for the taking of mammals or birds, that is located in an area where mammals or birds can be taken, at that time and place, in accordance with existing law.

(c) This section does not apply to a law enforcement officer or an animal control officer in the performance of his or her duty, or to a person who is assisting an injured dog.

(Added by Stats.2009, c. 294 (A.B.1442), § 9.)

 

§ 2012.  Exhibition to Officer of Thing Demanded   

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

CREDIT(S)

(Stats.1957, c. 456, p. 1342, § 2012. Amended by Stats.1974, c. 605, p. 1446, § 3; Stats.2007, c. 285 (A.B.1729), § 26.)

 

§ 2013.  Application of Provisions   

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.

CREDIT(S)
(Stats.1957, c. 456, p. 1342, § 2013. Amended by Stats.1972, c. 974, p. 1767, § 9; Stats.1977, c. 1208, p. 4082, § 5.)

 

§ 2014.  Policy of State; Damages for Taking or Destroying Protected Game; Exceptions   

(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.

CREDIT(S)

(Stats.1957, c. 456, p. 1342, § 2014. Amended by Stats.1972, c. 974, p. 1767, § 10; Stats.1977, c. 767, p. 2392, § 1; Stats.1986, c. 977, § 1; Stats.1995, c. 720 (A.B.902), § 1.)

 

§ 2015.  Unlawful Possession in Restaurant or Eating Establishment; Exceptions   

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.

CREDIT(S)

(Added by Stats.1959, c. 1270, p. 3417, § 1.)

 

§ 2016.  Prohibition Against Entry upon Certain Lands for Purpose of Discharging Firearm or Taking or Destroying Mammals or Birds - AMENDED 2012  

 

SECTION 1. Section 2016 of the Fish and Game Code is amended to read:

 

<< CA FISH & G § 2016 >>

 

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 or hunting, or both, are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering those lands, for the purpose of discharging any firearm or taking or destroying any mammal or bird, including any waterfowl, on those lands without having first obtained written permission from the owner * * *, or his or her agent, or the person in lawful possession * * * of, those lands. Signs may be of any size and wording * * * that will fairly advise persons about to enter the land that the use of the land is so restricted.

Former Text:

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.

CREDIT(S)
(Added by Stats.1967, c. 1187, p. 2895, § 1. Amended by Stats.1982, c. 1607, § 1, eff. Sept. 30, 1982.)

 

§ 2017.  Unlawful Taking or Discharge of Firearm on Private Property - SEC. 2. Section 2017 of the Fish and Game Code is repealed.  

Former Text:

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 8 1/2 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.

CREDIT(S)

(Added by Stats.1967, c. 1187, p. 2895, § 2. Amended by Stats.1988, c. 140, § 1.)

 

§ 2018.  Unauthorized Posting; Destruction of Signs   

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.

CREDIT(S)
(Added by Stats.1967, c. 1187, p. 2895, § 3.)

 

§ 2019. Unlawful bounty for birds or mammals

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.

CREDIT(S)
(Added by Stats.1974, c. 25, p. 39, § 1.)

 

 § 2020. Violation of Fish and Game regulations; punishment

It is unlawful to violate any provision of Division 1 (commencing with Section 1.04) of Title 14 of the California Code of Regulations. Violation of such a provision may be charged as a violation of this section or of the specific section of Title 14 provision, and shall be punishable as provided in Section 12000.

(Added by Stats.2009, c. 294 (A.B.1442), § 10.)

 

§ 2021. Shark fins; unlawful possession, sale, offer for sale, trading, or distribution; exceptions

(a) As used in this section “shark fin” means the raw, dried, or otherwise processed detached fin, or the raw, dried, or otherwise processed detached tail, of an elasmobranch.

(b) Except as otherwise provided in subdivisions (c), (d), and (e), it shall be unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin.

(c) Any person who holds a license or permit pursuant to Section 1002 may possess a shark fin or fins consistent with that license or permit.

(d) Any person who holds a license or permit issued by the department to take or land sharks for recreational or commercial purposes may possess a shark fin or fins consistent with that license or permit.

(e) Before January 1, 2013, any restaurant may possess, sell, offer for sale, trade, or distribute a shark fin possessed by that restaurant, as of January 1, 2012, that is prepared for consumption.

CREDIT(S)

(Added by Stats.2011, c. 524 (A.B.376), § 2.)

 

§ 2021.5. Shark fins; possession or donation by persons holding license or permit to take or land sharks for recreational or commercial purposes; possession, sale, offer for sale, trade, or distribution of shark fins possessed as of Jan. 1, 2012; sale or possession for taxidermy purposes; annual report to Legislature

(a) Notwithstanding Section 2021, all of the following provisions apply:

(1) Any person who holds a license or permit issued by the department to take or land sharks for recreational or commercial purposes may possess, including for purposes of consumption or taxidermy, or may donate to a person licensed or permitted pursuant to Section 1002, a shark fin or fins consistent with that license or permit.

(2) Before July 1, 2013, any person may possess, sell, offer for sale, trade, or distribute a shark fin possessed by that person, as of January 1, 2012.

(3) Nothing in Section 2021 prohibits the sale or possession of a shark carcass, skin, or fin for taxidermy purposes pursuant to Section 3087.

(b)(1) The Ocean Protection Council shall submit an annual report to the Legislature that lists any shark species that have been independently certified to meet internationally accepted standards for sustainable seafood, as defined in Section 35550 of the Public Resources Code, and adopted by the Ocean Protection Council pursuant to Section 35617 of the Public Resources Code, including chain of custody standards.

(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

CREDIT(S)

(Added by Stats.2011, c. 525 (A.B.853), § 1.)

 

 



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