§ 653o. Illegal importation of dead body or parts or products thereof of specified species
§ 653p. Animals, reptiles, etc.; endangered species; prohibited possession
§ 653q. Seals; importation, possession or sale of dead body or parts
§ 653r. Sale of endangered species; misdemeanor
§ 653o. Illegal importation of dead body or parts or products thereof of specified species
Unconstitutional or Preempted, Preempted by Apr. in Paris v. Bonta, 659 F. Supp. 3d 1114 (E.D. Cal. 2023)
(a) It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant.
(b)(1) Commencing January 1, 2020, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a part or product thereof, of a crocodile or alligator.
(2) This subdivision does not authorize the importation or sale of any alligator or crocodilian species, or products thereof, that are listed as endangered under the federal Endangered Species Act, or to allow the importation or sale of any alligator or crocodilian species, or products thereof, in violation of federal law or international treaty to which the United States is a party.
(c) Commencing January 1, 2022, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard.
(d) A person who violates this section is guilty of a misdemeanor and shall be subject to a fine of not less than one thousand dollars ($1,000) and not to exceed five thousand dollars ($5,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment, for each violation.
(e) The prohibitions against importation for commercial purposes, possession with intent to sell, and sale of the species listed in this section are severable. A finding of the invalidity of any one or more prohibitions shall not affect the validity of any remaining prohibitions.
Credits
(Added by Stats.2007, c. 576 (S.B.880), § 2, operative Jan. 1, 2011. Amended by Stats.2009, c. 15 (S.B.609), § 2, eff. Jan. 1, 2011; Stats.2010, c. 412 (S.B.1345), § 2, operative Jan. 1, 2016; Stats.2014, c. 464 (A.B.2075), § 2, eff. Jan. 1, 2015, operative Jan. 1, 2016; Stats.2019, c. 767 (A.B.1260), § 1, eff. Jan. 1, 2020.)
§ 653p. Animals, reptiles, etc.; endangered species; prohibited possession
It is unlawful to possess with the intent to sell, or to sell, within the state, the dead body, or any part or product thereof, of any species or subspecies of any fish, bird, mammal, amphibian, reptile, mollusk, invertebrate, or plant, the importation of which is illegal under the Federal Endangered Species Act of 1973 (Title 16, United States Code Sec. 1531 et seq.) and subsequent amendments, [FN1] or under the Marine Mammal Protection Act of 1972 (Title 16, United States Code Sec. 1361 et seq.), [FN2] or which is listed in the Federal Register by the Secretary of the Interior pursuant to the above acts. The violation of any federal regulations adopted pursuant to the above acts shall also be deemed a violation of this section and shall be prosecuted by the appropriate state or local officials.
CREDIT(S)
(Added by Stats.1970, c. 1557, p. 3186, § 2, operative Dec. 1, 1970. Amended by Stats.1976, c. 692, p. 1696, § 2, operative Jan. 1, 1977.)
[FN1] 16 U.S.C.A. § 1531 et seq.
[FN2] 16 U.S.C.A. § 1361 et seq.
§ 653q. Seals; importation, possession or sale of dead body or parts
It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any seal.
Any person who violates any provision of this section is guilty of a misdemeanor and shall be subject to a fine of not less than one thousand dollars ($1,000) and not to exceed five thousand dollars ($5,000) or imprisonment in the county jail for not to exceed six months, or both such fine and imprisonment, for each violation.
CREDIT(S)
(Added by Stats.1971, c. 1200, p. 2296, § 4.)
§ 653r. Sale of endangered species; misdemeanor
Unconstitutional or Preempted, Preempted by Apr. in Paris v. Bonta, 659 F. Supp. 3d 1114 (E.D. Cal. 2023)
Notwithstanding the provisions of Section 3 of Chapter 1557 of the Statutes of 1970, it shall be unlawful to possess with intent to sell, or to sell, within this state, after June 1, 1972, the dead body, or any part or product thereof, of any fish, bird, amphibian, reptile, or mammal specified in Section 653o or 653p.
Violation of this section constitutes a misdemeanor.
CREDIT(S)
(Added by Stats.1971, c. 1283, p. 2512, § 2.)