Fines and Penalties in the Fish and Game Code

Division 9, Chapter 1 of the California Fish and Game Code deals with general provisions related to fines and penalties.

Section 12000 provides that any violation of this code, or of any rule, regulation, or order made or adopted under this code, is a misdemeanor. A person who violates any of the nineteen specified statutes or regulations is guilty of an infraction punishable by a fine of not less than $100 and not to exceed $1,000, or of a misdemeanor.

Section 12001 provides that any person who takes any bird or mammal in violation of an order issued is guilty of a felony.

Section 12001.5 states that, in addition to any other penalty or fine imposed pursuant to this code, if a person has been convicted of one or more offenses, the court may order as a condition of probation upon conviction of the offense before the court that the person attend the hunter education course and perform community service, preferably relating to natural resources if that type of community service is available, as specified.

Section 12002 specifies that the punishment for a violation of this code that is a misdemeanor is a fine of not more than $1,000, imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. The punishment for a violation of any of the seven specified provisions is a fine of not more than $2,000, imprisonment in a county jail for not more than one year, or both the fine and imprisonment.

Section 12002.1 states that the punishment for taking a mammal or bird for which a hunting license is required or a tag, seal, or stamp is required, without having in one’s possession the required valid license, is punishable by a fine of not less than $250 or more than $2,000, or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment, or by any greater punishment prescribed by this code.

Section 12002.3 provides that a violation of law for the sale, purchase, or receipt of fish taken by a person required to be licensed is punishable by a fine of not less than $2,000 or more than $7,500.

Section 12002.4 states that the commercial boat registration of a commercial passenger fishing boat may be revoked or suspended by the commission, when requested by the department, for a period not to exceed one year, upon conviction of the registrant, or the registrant’s agent, servant, employee, or any other person if the violation in question involves that boat.

Section 12002.6 says that a commercial boat registration may be revoked or suspended by the commission, when requested by the department, for a period not to exceed one year, upon the second conviction in three years of the registrant, or the registrant’s agent, servant, employee, or any other person acting under the registrant’s direction or control, for a violation of any of the four specified provisions or regulations.

Section 12002.7 specifies that the commercial fishing license of the master of a vessel may be revoked or suspended by the commission, when requested by the department, for a period not to exceed one year, upon conviction of the master or his agent, servant, employee, or person acting under his direction or control if the fish in question were taken from a vessel licensed.

Section 12002.8 requires the court to order the department to permanently revoke and the department will permanently revoke, the commercial fishing license and any commercial fishing permits of any person convicted of either of two specified offenses.

Section 12002.10 states that, when a complaint has been filed in a court of competent jurisdiction charging a person with a violation that may result in suspension or revocation of any license or permit to take abalone for commercial purposes, and no disposition of the complaint has occurred within 90 days after it has been filed in the court, the department may suspend the license or permit of that person.

Section 12002.11 says that, upon the second conviction of any person of a violation of law or any regulation adopted, in any five-year period, and upon any conviction subsequent to the two convictions during a five-year period, it is unlawful for that person to conduct any of the activities described in law for three years from the date of the last conviction.

Section 12003 states that a second or subsequent violation of law is punishable by a fine of not less than $2,000 nor more than $4,000 or imprisonment in the county jail for one year, or by both such fine and imprisonment.

Section 12003.1 says that the punishment for the knowing and intentional taking of a mammal, bird, or fish in excess of the quantity permitted by other provisions of this code or regulations, not in compliance with size or sex limitations in other provisions of this code or regulations, is not less than $250 for a first violation and not less than $500 and imprisonment in the county jail for not less than 30 days for a second or subsequent violation.

Section 12003.2 states that the punishment for any violation of Section 4500 or 4700 is a fine of not more than $25,000 for each unlawful taking, imprisonment in a county jail for the period prescribed in law, or both the fine and imprisonment.

Section 12003.5 provides that the penalty for certain violations of law included financial penalties and a mandatory suspension of any license, permit, or stamp to take, receive, transport, purchase, sell, barter, or process fish for commercial purposes for six months.

Section 12005 includes specified punishments for specified violations of state law.

Section 12006 specifies punishment for violations of certain laws. The court must permanently revoke any commercial fishing license or commercial fishing permit, and may permanently revoke any sport fishing license issued to the violator by the department. Any vessel, diving or other fishing gear or apparatus, or vehicle used in the commission of an offense subject to this section may be seized and may be ordered forfeited by the court.

Section 12006.6 provides that, if any person is convicted of a certain offenses in an area closed to the taking of abalone for commercial purposes, and the person takes or possesses more than 12 abalone at one time or takes abalone in excess of the annual bag limit, that person is be punished as specified.

Section 12008 says that the punishment for a violation of any of the specified provisions is a fine of not more than $5,000 or imprisonment in the county jail for not more than one year, or both the fine and imprisonment.

Section 12008.1 imposes specified punishments for violation of specified laws.

Section 12008.5 makes the punishment for taking any bighorn sheep in violation of law or any regulation adopted is a fine of not more than $2,000 or imprisonment in the county jail for not more than one year, or both the fine and imprisonment.

Section 12009 provides that, in cases involving abalone, there are additional financial punishments imposed.

Section 12010 provides the maximum punishment for each violation of law relating to a bird-of-prey that is either designated as endangered, threatened, or fully protected, or taken from the wild and subsequently reported to the department as having been bred in captivity, is a fine of $5,000 or imprisonment in the county jail for a period of not to exceed one year, or both the fine and imprisonment.

Section 12011 makes persons convicted of a violation of specified law are subject to an additional fine as specified. The fines specified in this section do not apply to discharges in compliance with a national pollution discharge elimination system permit or a state or regional board waste discharge permit.

Section 12012 specifies that a person who illegally takes, possesses, imports, exports, sells, purchases, barters, trades, or exchanges a bird, fish, mammal, reptile, amphibian, or part of any of those animals, for profit or personal gain, is guilty of a misdemeanor punishable by a fine of not less than $5,000 nor more than $40,000, or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.

Section 12012.5 provides that a person who holds a commercial fishing license, or is operating a commercial passenger fishing boat, for commercial purposes, either unlawfully takes a fish within a marine protected area, or engages in, or knowingly facilitates another person’s, fishing activity within the marine protected area, is guilty of a misdemeanor punishable by a fine of not less than $5,000 nor more than $40,000, or imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.

Section 12013 states that any person who illegally takes or possesses in the field more than three times the daily bag limit, or who illegally possesses more than three times the legal possession limit, of fish, reptiles, birds, amphibians, or mammals is guilty of a misdemeanor and be subject to a fine of not less than $5,000, nor more than forty thousand dollars $40,000, or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.

Any person who maliciously and intentionally maims, mutilates, or physically tortures any fish, reptile, bird, amphibian, or mammal provided for in this code is guilty of a crime punishable.

Section 12013.3 states that the punishment for a person who knowingly violated and has been convicted of specified provisions where the violation involved a trophy deer, elk, antelope, or bighorn sheep is a fine of not less than $5,000 nor more than $40,000, and where the violation involved a wild turkey, a fine of not less than $2,000 nor more than $5,000, or imprisonment in the county jail for not more than one year, or both that fine and imprisonment.

Section 12013.5 provides that any person convicted of violating this code or any regulation adopted while using a signal-emitting device in conjunction with the take of bear for the purpose of selling or trafficking in bear parts is subject to a fine of $10,000 per bear part. The term “signal-emitting device” is defined.

Section 12014 provides that, after the expiration of the time period to appeal an administrative penalty or any other provision of this code, the department may apply to the clerk of the appropriate court for a judgment to collect the administrative civil penalty. The application must include specified information.

Section 12015 contains a statement of legislative intent. In addition to any other penalty, anyone responsible for polluting, contaminating, or obstructing waters of this state, or depositing or discharging materials threatening to pollute, contaminate, or obstruct waters of this state, to the detriment of fish, plant, bird, or animal life in those waters, must be required to remove any substance placed in the waters, or to remove any material threatening to pollute, contaminate, or obstruct waters of this state, which can be removed, that caused the prohibited condition, or to pay the costs of the removal by the department.

Section 12016 states that any person who discharges or deposits any substance or material deleterious to fish, plant, bird, or animal life or their habitat into, or which threatens to enter, the waters of this state is liable civilly to the department for all actual damages to fish, plant, bird, or animal life or their habitat and, in addition, for the reasonable costs incurred in cleaning up the deleterious substance or material or abating its effects, or both. The term “deleterious substance or material” is defined.

Section 12017 provides that any recovery or settlement of money received pursuant to the six specified sections are deposited in the Fish and Wildlife Pollution Account. Moneys in the account are continuously appropriated to the department. Funds in the account are to be expended for six specified purposes.

Funds in the account may be expended for cleanup and abatement if a reasonable effort has been made to have the responsible party pay cleanup and abatement costs and funds are not available for disbursement from the emergency reserve account of the Toxic Substances Control Account in the General Fund. The department may use funds in the account to pay the costs of consultant contracts for resource injury determination or damage assessment during hazardous material or oil spill emergencies.

Section 12020 states that any person who is charged with a violation of this code or a regulation adopted pursuant to this code, who willfully violates their written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested.

Section 12021 requires an additional penalty of $15 to be added to any fine, penalty, or forfeiture imposed under this code for a violation of this code or a regulation adopted pursuant thereto. However, no more than one additional penalty may be imposed in a single proceeding. The revenue from this penalty is transferred to, and deposited in, the Fish and Game Preservation Fund and used exclusively for specified purposes.

Section 12023 says that any person who violates certain laws through the use of an aquatic nuisance species is guilty of a misdemeanor, punishable by specified items. A person who personally or through another the law through the use of an aquatic nuisance species is liable to the owner of any privately or publicly owned property for any damages to that property caused by the violation.

A person who violates the law through the use of an aquatic nuisance species is also liable for all monetary damages directly, indirectly, and proximately caused thereby, including damages to any commercial fishery, sport fishery, or to the public communities which depend upon those fisheries for a portion of their annual income.

The Attorney General may file a civil action on behalf of the fisheries or communities that are damaged as a result of the violation. In addition, a private citizen who suffers damages as a result of the violation may file a civil action against the violator.

Section 12024 states that a person who violates a certain law through the use of an aquatic nuisance species is liable for all public and private response, treatment, and remediation efforts resulting from the violation. The cost of these efforts constitute a debt of that person, and are collectible by the federal, state, county, public agency, or private individual or individuals, incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.

Section 12025 provides that a person found to have violated specified code sections in connection with the production or cultivation of cannabis or cannabis products on land under the management of the Department of Parks and Recreation, the Department of Fish and Wildlife, the Department of Forestry and Fire Protection, the State Lands Commission, a regional park district, the United States Forest Service, or the United States Bureau of Land Management, or within the respective ownership of a timberland production zone, of more than 50,000 acres, or while trespassing on other public or private land in connection with the production or cultivation of cannabis or cannabis products, is liable for a civil penalty in eleven specified situations.

All civil penalties imposed or collected by a court for a separate violation pursuant to this section are not to be considered to be fines or forfeitures and are apportioned in the specified manner. The Cannabis-Impacted Lands Restoration Fund is continuously appropriated without regard to fiscal years to the department. Civil penalties authorized pursuant to this section may be imposed administratively by the department if all of the five specified items occur.

Section 12025.1 specifies that, in addition to any penalties imposed by any other law, a person is liable for a civil penalty of not more than $8,000 for each violation. Each day that a violation occurs or continues without a good faith effort by the person to cure the violation after receiving notice from the department shall constitute a separate violation.

Section 12025.2 authorizes the director to issue a complaint to any person or entity alleging a violation for which liability may be imposed that harms fish and wildlife resources. The complaint is subject to the substantive and procedural requirements set forth in the Water Code, and the department is designated a party to any proceeding before the State Water Resources Control Board regarding a complaint filed pursuant to this section.

Section 12026 provides that any person whom the department determines has provided evidence or information leading to the arrest and conviction of a person or persons found guilty of violating certain laws through the use of an aquatic nuisance species, is eligible to obtain a reward of up to $50,000.

Section 12028 contains three legislative findings and declarations.

Section 12029 contains two legislative findings and declarations. In order to address unlawful water diversions and other violations of the Fish and Game Code associated with cannabis cultivation, the department established the watershed enforcement program to facilitate the investigation, enforcement, and prosecution of these offenses.

The department, in coordination with the State Water Resources Control Board and the Department of Cannabis Control, established a permanent multiagency task force to address the environmental impacts of cannabis cultivation. The multiagency task force, to the extent feasible and subject to available resources, expanded its enforcement efforts on a statewide level to ensure the reduction of adverse impacts of cannabis cultivation on fish and wildlife and their habitats throughout the state.

In order to facilitate the remediation and permitting of cannabis cultivation sites, the department adopted regulations to enhance the fees on any entity for cannabis cultivation sites that require remediation.