Forfeitures and Seizures for Fish and Game Violations

Division 9, Chapter 2 of the Fish and Game Code deals with forfeitures, revocation, and seizures under the fines and penalties law.

Section 12150 provides that, whenever any person, while taking a bird or mammal, kills or wounds any human being and that fact is ascertained by the department, the department is required to notify the district attorney of the county in which the act occurred. The district attorney may thereupon bring an action in the superior court of the county in which the act occurred for the purpose of determining the cause of the killing or the wounding.

  Section 12150.5 provides that any person whose license has heretofore been revoked may, upon petition, obtain a new trial in the court which originally revoked his license. The trial must be with a jury if requested and be to determine if the revocation was based on an intentional or grossly negligent act or an act committed while under the influence of alcohol, in which case the petition ia denied. 

Section 12150.6 states that any person who has been prohibited from taking any bird or mammal does not apply for a hunting license or take any bird or mammal unless the person has filed with the department proof of ability to respond in damages in an amount of at least $10,000 for personal injury or death of any person, subject to a maximum of $20,000 for such injury or the death of two or more persons in any one accident and at least $5,000 for property damage resulting from any one accident. Proof of ability to respond in damages may be given by any of the specified condition.

Section 12150.7 requires the department, upon request, to cancel any bond or direct the return to the person entitled thereto of any money or securities deposited pursuant to this code as proof of ability to respond in damages in three specified occurrences.

Section 12150.8 states that, whenever any claim is made against any person or judgment is rendered against any person required to file proof of ability to respond in damages, that person cannot apply for a hunting license or take any bird or mammal until additional proof of ability to respond in damages has been filed with the department in an amount sufficient to provide proof of ability to respond in damages in the amount specified over and above all claims made against previously filed proof of ability to respond in damages.

Section 12151 specifies that, whenever any person, while taking a bird or mammal, kills or wounds any domestic animal belonging to another and that fact is ascertained by the department, the department is required to notify the district attorney of the county in which the act occurred. The district attorney may bring an action in the superior court of the county in which the act occurred for the purpose of determining the cause of the killing or wounding. 

Section 12151.5 provides that a person who, while hunting, kills or wounds or witnesses the killing or wounding of a human being, or domestic animal belonging to another, must, within 48 hours after the incident, forward a complete written report to the Department of Fish and Wildlife providing the reporter’s full name and address and all facts relating to the incident.

Section 12152 states that whenever a person has been prohibited from taking any bird or mammal, the court in which the proceeding for the action was had is required to report the facts to the department at its Sacramento headquarters office. The report shows specified information.

Section 12153 states that a commercial fishing license is forfeited for the violation of specified sections or of any of the provisions of this code relating to the use of nets.

Section 12154 provides that, upon a conviction of a violation of this code or any regulation, the department may suspend or permanently revoke a person’s hunting or sport fishing license or permit privileges. Any person whose privileges are suspended or revoked pursuant to this section may appeal the suspension or revocation to the commission. The commission must initiate the appeal process within 12 months of the violator’s appeal request. 

Section 12155 provides that, upon the third conviction of a person of a violation of any provision of this code or regulation relating to the taking or possession of a bird or mammal in a five-year period, and upon a conviction subsequent to the three convictions during a five-year period, that person is prohibited from taking a bird or mammal in the state for three years from the date of the last conviction.

Section 12155.5 requires the commission to adopt regulations and procedures governing the revocation or suspension of hunting or sport fishing privileges. The regulations provide for notice and opportunity for a hearing. Any person, whose license was revoked may appeal to the commission for reissuance of the license and termination of the prohibition against the taking of fish, reptiles, amphibia, or birds or mammals.

It is unlawful for a person whose hunting or sport fishing privileges have been revoked or suspended to obtain or attempt to obtain, or to possess a hunting or sport fishing license, permit, or tag during that suspension or revocation period. Any person who violates this law is guilty of an infraction punishable by a fine of not less $100 or more than $1,000, or of a misdemeanor.

Section 12156 prohibits any person who is licensed or required to be licensed and is convicted of violating the law can take any fur-bearing or nongame mammal in the state for three years from the date of the next regularly scheduled meeting of the commission held at least 30 days after the date of that conviction.

Section 12156.5 states that the judge before whom any guide is arraigned for a violation of this code, or regulation adopted pursuant thereto, may, upon the conviction of the person, order the revocation of the person’s privilege to hunt, fish, or guide for a period not to exceed three years from the date of the conviction.

Section 12157 specifies that the judge before whom any person is tried for a violation of any provision of this code, or regulation adopted pursuant thereto, may, upon the conviction of the person tried, order the forfeiture of any device or apparatus that is designed to be, or is capable of being, used to take birds, mammals, fish, reptiles, or amphibia and that was used in committing the offense charged.

Section 12158 provides hat the sport fishing or hunting license of any person to whom a license has been issued, may, in the discretion of the court, be suspended or revoked upon his conviction of a violation of any provision of this code or regulation made pursuant thereto relating to hunting or fishing for purposes other than profit, in addition to any fine or other punishment imposed.

Section 12158.5 states that, for the purpose of invoking any provision of this code, or any rule, regulation, or order made or adopted under this code, relating to the suspension, revocation, or forfeiture of any license or permit, a plea of nolo contendere or “no contest” to, or forfeiture of bail from, a charge of a violation of any provision of this code, or any rule, regulation, or order made or adopted under this code, is a conviction of a violation thereof.

Section 12159 specifies that all birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or any part thereof, which have been taken, possessed, sold, imported, or transported contrary to any of the laws of this state must be seized by the department, and, in accordance with the commission’s regulations, notice of seizure is to be given to the person who had possession of the birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or any part thereof, at the time of the seizure if that person is known.

Section 12159.5 states that the judge before whom any person is tried for a violation of a provision of this code that prohibits the taking of any endangered species, threatened species, or fully protected bird, mammal, reptile, amphibian, or fish, may, in the court’s discretion and upon the conviction of that person, order the forfeiture of any proceeds resulting from the taking of the endangered species, threatened species, or fully protected bird, mammal, reptile, amphibian, or fish.

Section 12160 states that all birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or any part thereof, the sale of which is not prohibited and which have a current market value of $100 or more, must be packed, preserved, sold for bait, used for fish food in state-owned fish hatcheries, or otherwise put to economical use immediately upon seizure.

Section 12161 specifies that the judge before whom any person is tried for taking, possessing, selling, importing, or transporting birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians or parts thereof contrary to the laws of this state will upon the conviction of the accused make an order forfeiting and disposing of the birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians.

Section 12162 provides that a bird, mammal, fish, reptile, or amphibian seized under circumstances in which it cannot be determined who took, possessed, sold, imported, or transported the bird, mammal, fish, reptile, or amphibian contrary to law may be sold or donated to a state, county, city, city and county, or charitable institution.

Section 12163 states that a person who purchases birds, mammals, fish, reptiles, or amphibians from the department pursuant to the preceding sections must, upon delivery, pay to the department, for deposit in the Fish and Game Preservation Fund, the prevailing market price for legal birds, mammals, fish, reptiles, or amphibians in effect on the date of seizure.

Section 12164 states that the court before whom a person has been convicted of trespassing must, in addition to any other fine or forfeiture imposed, confiscate any bird or mammal taken while trespassing, and must dispose of the bird or mammal to a charitable institution or cause it to be destroyed if unfit for human consumption.

Section 12165 provides that, when any person licensed as a guide is adjudged guilty by a court of competent jurisdiction of violating or permitting the violation of any provision of this code or regulation, in addition to any fine or other punishment imposed, the court may revoke his guide license.

Section 12166 says that a termination of probation and dismissal of charges does not affect either a past revocation or suspension of any license or permit to take fish or game or the authority of the commission or a court to revoke or suspend a license or permit to take fish and game.