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California

West's Annotated California Codes. Penal Code. Part 1. Of Crimes and Punishments. Title 15. Miscellaneous Crimes. Chapter 2. Of Other and Miscellaneous Offenses.

Statute Details
Printable Version
Citation: CA PENAL 653o - 653r

Citation: West's Ann. Cal. Penal Code 653o - 653r


Last Checked by Web Center Staff: 11/2012

Summary:   These California laws relate to the importation of certain animals parts for commercial purposes. Under the law, 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 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. Starting in 2015, it shall be 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 crocodile or alligator. Section 653p makes it unlawful to posses with the intent to sell any part or dead body of any species on the federal endangered species list or species covered under the MMPA. Section 653q makes it illegal to import 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.


Statute in Full:

§ 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

<<Section operative until Jan. 1, 2016.>

(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 any part or product thereof, of any 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, 2015, it shall be 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 crocodile or alligator.

(2) This subdivision shall not be construed to authorize the importation or sale of any alligator or crocodilian species, or any 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 any products thereof, in violation of any federal law or any international treaty to which the United States is a party.

(c)(1) This section shall not apply to kangaroos that may be harvested lawfully under Australian national and state law, the federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.), and applicable international conventions, provided that the Department of Fish and Game is annually informed in writing, by May 1, by the Australian government that the commercial harvest of kangaroos in any future year will not exceed the official quota for that year, consistent with Australian national and state law, and of the sustainability principles on which that quota is based.

(2) If the department fails to receive the report described in paragraph (1), the department shall inform the Australian national government that future importation of kangaroos that otherwise may be harvested lawfully under Australian national and state law, the federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.), and applicable international conventions shall be halted and their importation into this state for commercial purposes, possession with intent to sell, or sale within the state will be subject to the provisions of this section.

(d) 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 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.

(f) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.

CREDIT(S)

(Added by Stats.1970, c. 1557, p. 3186, § 1, operative Dec. 1, 1970. Amended by Stats.1971, c. 1283, p. 2511, § 1; Stats.1972, c. 119, p. 160, § 2; Stats.1976, c. 692, p. 1696, § 1, operative June 1, 1977; Stats.1980, c. 494, p. 1032, § 1; Stats.1981, c. 714, p. 2726, § 326; Stats.2006, c. 660 (S.B.1485), § 1; Stats.2007, c. 576 (S.B.880), § 1; Stats.2009, c. 15 (S.B.609), § 1; Stats.2010, c. 412 (S.B.1345), § 1.)

REPEAL

<For repeal of this section, see its terms.>

 

§ 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

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.)


 



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