2005 California Fish and Game Code Sections 12000-12026 CHAPTER 1. GENERAL PROVISIONS

FISH AND GAME CODE
SECTION 12000-12026

12000.  (a) Except as expressly provided otherwise in this code, any
violation of this code, or of any rule, regulation, or order made or
adopted under this code, is a misdemeanor.
   (b) Notwithstanding subdivision (a), any person who violates any
of the following statutes or regulations, as those statutes or
regulations read on January 1, 2003, is guilty of an infraction
punishable by a fine of not less than one hundred dollars ($100) or
more than one thousand dollars ($1,000), or of a misdemeanor:
   (1) Subdivision (a) of Section 6596.
   (2) Section 7149.8.
   (3) Section 7360.
   (4) Section 1.74 of Title 14 of the California Code of
Regulations.
   (5) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive,
of Title 14 of the California Code of Regulations.
   (6) Sections 27.56, 27.65, and 27.70 of Title 14 of the California
Code of Regulations.
   (7) Sections 27.85 to 30.10, inclusive, of Title 14 of the
California Code of Regulations.
   (8) Sections 40 to 43, inclusive, of Title 14 of the California
Code of Regulations.
   (9) Sections 550 to 553, inclusive, of Title 14 of the California
Code of Regulations.
   (10) Sections 630 to 630.5, inclusive, of Title 14 of the
California Code of Regulations.
12001.  Any person who takes any bird or mammal in violation of an
order issued pursuant to Section 12150 of this code, is guilty of a
felony.
12001.5.  (a) In addition to any other penalty or fine imposed
pursuant to this code, if a person has been convicted of one or more
offenses that was a violation of a section listed in subdivision (b)
separate from the offense before the court, the court may order as a
condition of probation upon conviction of the offense before the
court that is also a violation of a section listed in subdivision
(b), that the person attend the hunter safety course designated in
Section 3051 and perform community service, preferably relating to
natural resources if that type of community service is available, as
follows:
   (1) If the person has one separate conviction, not more than 200
hours of community service.
   (2) If the person has two or more separate convictions, not more
than 300 hours of community service.
   (b) This section applies to violations relating to a taking in
Sections 3007, 3700, 4330, and 4750, and a sale or purchase of parts
of a bear in Section 4758.
12002.  (a) Unless otherwise provided, the punishment for a
violation of this code that is a misdemeanor is a fine of not more
than one thousand dollars ($1,000), imprisonment in the county jail
for not more than six months, or both the fine and imprisonment.
   (b) The punishment for a violation of any of the following
provisions is a fine of not more than two thousand dollars ($2,000),
imprisonment in the county jail for not more than one year, or both
the fine and imprisonment:
   (1) Section 1059.
   (2) Subdivision (d) of Section 4004.
   (3) Section 4600.
   (4) Paragraph (1) or (2) of subdivision (a) of Section 5650.
   (5) A first violation of Section 8670.
   (6) Section 10500.
   (7) Section 3005.9.
   (8) A violation of commission regulations that is discovered
pursuant to Section 3005.91 or 3005.92.
   (9) Unless a greater punishment is otherwise provided, a violation
subject to subdivision (a) of Section 12003.1.
   (c) Except as specified in Sections 12001 and 12010, the
punishment for violation of Section 3503, 3503.5, 3513, or 3800 is a
fine of not more than five thousand dollars ($5,000), imprisonment in
the county jail for not more than six months, or both that fine and
that imprisonment.
   (d) (1) A license or permit issued pursuant to this code to a
defendant who fails to appear at a court hearing for a violation of
this code, or who fails to pay a fine imposed pursuant to this code,
shall be immediately suspended.  The license or permit shall not be
reinstated or renewed, and no other license or permit shall be issued
to that person pursuant to this code, until the court proceeding is
completed or the fine is paid.
   (2) This subdivision does not apply to any violation of Section
1052, 1059, 1170, 3005.9, 3005.91, 3005.92, 5650, 5653.9, 6454, 6650,
or 6653.5.
12002.1.  (a) Notwithstanding Section 12002, the punishment for
taking a mammal or bird for which a hunting license issued pursuant
to Section 3031 is required or a license tag, seal, or stamp is
required, including a deer tag issued pursuant to Section 3407,
without having in one's possession the required, valid license, or
without having in one's possession any required license tag, seal, or
stamp, or when the taking of that mammal or bird is prohibited by
allowable season, limit, time, or area, is punishable by a fine of
not less than two hundred fifty dollars ($250) or more than two
thousand dollars ($2,000), or imprisonment in the county jail for not
more than one year, or both that fine and imprisonment, or by any
greater punishment prescribed by this code.
   (b) If a person is convicted of an offense described in
subdivision (a) and produces in court a license, license tag, or
stamp, issued to the person and valid at the time of the person's
arrest and if the taking was otherwise lawful with respect to season,
limit, time, and area, the court may reduce the fine imposed for the
violation to fifty dollars ($50).
12002.2.  (a) Notwithstanding any other provision of law, a
violation of Section 7145 or of a regulation requiring a license to
be displayed is an infraction, punishable by a fine of not less than
one hundred dollars ($100) or more than one thousand dollars ($1,000)
for a first offense.  If a person is convicted of a violation of
Section 7145 or of a regulation requiring a license to be displayed
within five years of a separate offense resulting in a conviction of
a violation of Section 7145 or of a regulation requiring a license to
be displayed, that person shall be punished by a fine of not less
than two hundred fifty dollars ($250) or more than one thousand
dollars ($1,000).
   (b) If a person is convicted of a violation of Section 7145 or of
a regulation requiring a license to be displayed and produces in
court a license issued pursuant to Section 7145 and valid at the time
of the person's arrest, and if the taking was otherwise lawful with
respect to season, limit, time, and area, the court may reduce the
fine imposed for the violation of Section 7145 or of the regulation
requiring a license to be displayed to twenty-five dollars ($25).
   (c) If a person is charged with a violation of Section 7145 or of
a regulation requiring a license to be displayed, and produces in
court a lifetime sport fishing license or lifetime sportsman's
license issued in his or her name pursuant to Section 714, and if the
taking was otherwise lawful, in terms of season, limit, time, and
area, the court may dismiss the charge.
   (d) A person shall not be charged or convicted for both a
violation of Section 7145 and a regulation requiring a license to be
displayed for the same act.
12002.3.  (a) Notwithstanding any other provision of law, a
violation of Section 7121 for the sale, purchase, or receipt of fish
taken by a person required to be licensed pursuant to Section 7145 is
punishable by a fine of not less than two thousand dollars ($2,000)
or more than seven thousand five hundred dollars ($7,500), except as
provided in subdivisions (b) and (c).
   (b) If the violation in question involved the illegal sale or
purchase of abalone taken by a person required to be licensed
pursuant to Section 7145, the violation is punishable by a fine of
not less than fifteen thousand dollars ($15,000) or more than forty
thousand dollars ($40,000).
   (c) If the violation in question involved a person who knowingly
purchased or received for commercial purposes, fish taken by a person
required to be licensed pursuant to Section 7145, the violation is
punishable by a fine of not less than seven thousand five hundred
dollars ($7,500) or more than fifteen thousand dollars ($15,000).
12002.4.  (a) Notwithstanding Sections 12000, 12001, and 12002, 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 conviction 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 Section 7121 or
the regulations adopted pursuant thereto, if the violation in
question involved a vessel licensed pursuant to Section 7920.
   (b) Notwithstanding Sections 12000, 12001, and 12002, a commercial
boat registration of a vessel licensed pursuant to Section 7920 may
be revoked or suspended by the commission, when requested by the
department, for a period not to exceed one year, upon conviction of
any other person for a violation of Section 7121, if the fish or
amphibia involved in the violation were taken from the vessel and
that person committed a prior violation of Section 7121 within three
years on the vessel.
   (c) The commercial boat registration shall not be revoked under
this section for a violation which is unrelated to the vessel for
which the commercial boat registration is to be revoked.  Any
violation committed without the knowledge of the master, or an agent
or employee of the registrant, is unrelated to the vessel.
12002.5.  (a) Notwithstanding Section 12002, a violation of Section
1764 is an infraction, not a misdemeanor, punishable by a fine of not
less than one hundred dollars ($100) and not more than five hundred
dollars ($500).  If a person convicted of a violation of Section 1764
is granted probation, the court shall impose as a condition of
probation that the person pay at least the minimum fine prescribed in
this subdivision.
   (b) If a person is convicted of a violation of Section 1764 and
produces in court a valid wildlife area pass, the court may reduce
the fine  imposed for the violation of Section 1764 to fifty dollars
($50).
12002.6.  (a) Notwithstanding Sections 12000, 12001, and 12002, 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 following provisions or regulations adopted
pursuant thereto:
   (1) Section 5521 or 5521.5.
   (2) Article 2 (commencing with Section 8150), Article 3
(commencing with Section 8180), Article 4 (commencing with Section
8210), Article 5 (commencing with Section 8250), Article 6
(commencing with Section 8275), Article 9 (commencing with Section
8370), Article 13 (commencing with Section 8495), and Article 15
(commencing with Section 8550) of Chapter  2 of Part 3 of Division 6.
   (3) Article 1 (commencing with Section 8601), Article 2
(commencing with Section 8620), Article 4 (commencing with Section
8660), Article 5 (commencing with Section 8685), Article 6
(commencing with Section 8720), Article 7 (commencing with Section
8750), Article 8 (commencing with Section 8780), and Article 10
(commencing with Section 8830) of Chapter 3 of Part 3 of Division 6.
   (4) Article 1 (commencing with Section 9000) of Chapter 4 of Part
3 of Division 6.
   (b) The commercial boat registration shall not be revoked unless
both the first and second convictions are related to the boat for
which the commercial boat registration is to be revoked, and are for
violations which occurred when the person convicted was the
registrant or the registrant's agent, servant, employee, or acting
under the registrant's direction or control.
12002.7.  Notwithstanding Sections 12000, 12001, and 12002, 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, for a violation of Section 7121 or the regulations adopted
pursuant thereto, if the fish in question were taken from a vessel
licensed pursuant to Section 7920.
   However, a master's license shall not be revoked for the
conviction of a violation occurring when the person convicted was not
acting as the master's agent, servant, employee, or acting under his
direction or control.
   The master of a vessel is the person on board the vessel who is in
charge of the vessel.
12002.8.  (a) The court shall order the department to permanently
revoke and the department shall permanently revoke, the commercial
fishing license and any commercial fishing permits of any person
convicted of either of the following:
   (1) Taking or possessing abalone out of season.
   (2) Taking or possessing abalone taken illegally from any area
north of Point Sur.
   (b) The court shall order the department to permanently revoke and
the department shall permanently revoke the commercial fishing
license and any commercial fishing permits of any person convicted of
either of the following two offenses, if the person possessed more
than 12 abalone at the time of the offense:
   (1) Removing abalone from the shell or possessing abalone
illegally removed from the shell.
   (2) Taking or possessing abalone that are less than the minimum
size.
   (c) Any person sentenced pursuant to subdivision (a) or (b) shall
not thereafter be eligible for any license or permit to take or
possess fish for sport or commercial purposes.
   (d) Notwithstanding Sections 12000, 12001, and 12002, 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 the second conviction in three
years of the master or the master's agent, servant, employee, or any
other person acting under the master's direction or control, for a
violation of any of the following provisions or regulations adopted
pursuant thereto:
   (1) Article 2 (commencing with Section 8150.5), Article 3
(commencing with Section 8180), Article 4 (commencing with Section
8210), Article 5 (commencing with Section 8250), Article 6
(commencing with Section 8275), Article 9 (commencing with Section
8370), Article 13 (commencing with Section 8495), and Article 15
(commencing with Section 8550) of Chapter 2 of Part 3 of Division 6.
   (2) Article 1 (commencing with Section 8601), Article 2
(commencing with Section 8623), Article 4 (commencing with Section
8660), Article 5 (commencing with Section 8680), Article 6
(commencing with Section 8720), Article 7 (commencing with Section
8750), Article 8 (commencing with Section 8780), and Article 10
(commencing with Section 8830) of Chapter 3 of Part 3 of Division 6.
   (3) Article 1 (commencing with Section 9000) of Chapter 4 of Part
3 of Division 6.
   (e) A master's license shall not be revoked unless both the first
and second convictions are for a violation by the master or a
violation occurring when the person convicted was acting as the
master's agent, servant, employee, or acting under the master's
direction or control.
   (f) The master of a vessel is the person on board the vessel who
is in charge of the vessel.
12002.9.  In addition to any other penalty prescribed in this code,
the license issued pursuant to Sections 8032 to 8036, inclusive, to
any person who is convicted of a violation of Section 7121, 7364,
7370, 8372, or 8373 shall be suspended for not less than seven days
nor more than 30 days. Each day any fish of the species designated in
any of those sections, or any part thereof, is unlawfully possessed
and each unlawful transaction involving the purchase or sale of any
fish of those species, or any part thereof, by a wholesale fish
dealer is a separate violation.
12002.10.  (a) 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.
   (b) Whenever the department proposes to suspend a license or
permit under this section, notice and an opportunity to be heard
shall be given before taking the action.  The notice shall contain a
statement setting forth the proposed action and the grounds therefor,
and notify the person of his or her right to a hearing as provided
in this section.  Within 10 days after the receipt of the notice from
the department, the permitholder may request a hearing.  The hearing
shall be held by the commission at the next regularly scheduled
hearing of the commission held more than 30 days after the notice of
intent to suspend the permit was sent.  The person shall be given 10
days' notice of the time and place of the hearing.
   (c) A decision shall be made within a reasonable time on whether
the license or permit shall be suspended until the disposition of the
complaint by the court.  In determining whether to order the
suspension, the commission shall consider whether or not the
violation could have a detrimental effect on the resources and
whether or not a suspension is in the best public interest, and shall
find whether there is sufficient evidence that a violation has
occurred.  A failure to make a finding that there is sufficient
evidence that a violation has occurred, or a finding there is
insufficient evidence, shall terminate the proceedings under this
section.
   (d) If the person is acquitted of the charges or the charges are
dismissed, any suspension under this section is thereby terminated.
   (e) No complaint shall be filed in a court charging a commercial
abalone violation, unless evidence supporting the charge has been
reviewed by the appropriate county or city prosecuting agency and a
criminal complaint has been issued by that agency.
12003.  Notwithstanding Section 12002, a second or subsequent
violation of Section 8670 is punishable by a fine of not less than
two thousand dollars ($2,000) nor more than four thousand dollars
($4,000) or imprisonment in the county jail for one year, or by both
such fine and imprisonment.
12003.1.  (a) Unless a minimum punishment is otherwise provided, 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 adopted pursuant thereto, not in compliance
with size or sex limitations in other provisions of this code or
regulations adopted pursuant thereto, or from which only external
body parts, including, but not limited to, antlers, horns, hides,
feathers, or fins, are removed for use in violation of this code or
regulations adopted pursuant thereto, shall be not less than two
hundred fifty dollars ($250) for a first violation and not less than
five hundred dollars ($500) and imprisonment in the county jail for
not less than 30 days for a second or subsequent violation.  The
court shall apply not less than the minimum punishment as specified
in this subdivision except in those cases where the court determines
that, as to the imprisonment sentence only, the interests of justice
would best be served by granting probation or suspending the
imposition or execution of imprisonment sentence.
   (b) If the court grants probation to any person punished under
subdivision (a), in addition to any other terms or conditions imposed
by the court, the court may impose as a condition of that probation
that the person perform not more than 100 hours of community service
in the county in which the violation occurred.  To the extent
practicable, the service shall involve work relating to natural
resources.  The service shall be performed during a time that does
not interfere with the person's school attendance or employment.  If
the court requires a person to perform community service under this
subdivision, that person shall also be required to attend a hunter
safety course as described in Section 3051.  The person, and not the
court, shall be responsible for paying all fees and costs related to
the course.
12003.5.  (a) The penalty for a first violation of Section 8610.3 or
8610.4 is a fine of not less than one thousand dollars ($1,000) and
not more than five thousand dollars ($5,000) 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.  The penalty for a second or subsequent
violation of Section 8610.3 or 8610.4 is a fine of not less than two
thousand five hundred dollars ($2,500) and not more than ten thousand
dollars ($10,000) and a mandatory suspension of any license, permit,
or stamp to take, receive, transport, purchase, sell, barter, or
process fish for commercial purposes for one year.
   (b) Notwithstanding any other provisions of law, a violation of
Section 8610.8 shall be deemed a violation of Section 7145, and the
penalty for such violation shall be as prescribed by Section 12002.2.
   (c) If a person convicted of a violation of Section 8610.3,
8610.4, or 8610.8 is granted probation, the court shall impose as a
term or condition of probation, in addition to any other term or
condition of probation, a requirement that the person pay at least
the minimum fine prescribed in this section.
12004.  (a) The punishment for a first conviction of a violation of
Section 8685.5, 8685.6, 8685.7, or 8688 is a fine of not more than
five thousand dollars ($5,000), or imprisonment in the county jail
for a period not to exceed six months, or the revocation of any
license issued pursuant to Sections 8032 to 8036, inclusive, or any
combination of these penalties.
   (b) The punishment for a second or subsequent conviction of a
violation of Section 8685.5, 8685.6, 8685.7, or 8688, which offense
occurred within five years of another offense which resulted in a
conviction of Section 8685.5, 8685.6, 8685.7, or 8688 is a fine of
not more than ten thousand dollars ($10,000), or imprisonment in the
state prison, or imprisonment in the county jail for a period not to
exceed one year, or the revocation of any license issued pursuant to
Sections 8032 to 8036, inclusive, or any combination of these
penalties.
12005.  (a) Notwithstanding Section 12000, and except as otherwise
provided in subdivision (c), the punishment for each violation of
Section 4758 shall include both of the following:
   (1) A fine of two hundred fifty dollars ($250) for each bear part.
  As used in this paragraph, "bear part" means an individual part or
group of like parts of any bear that the defendant knowingly and
unlawfully sells, purchases, or possesses for sale.  For the purposes
of this paragraph, claws, paws, or teeth from a single bear that are
knowingly purchased, sold, or possessed for sale with the intent
that they be delivered to a single end user shall be considered a
single part.
   (2) An additional fine of not more than five thousand dollars
($5,000), imprisonment in the state prison or the county jail for not
more than one year, or both the fine and imprisonment.
   (b) If the conviction is for the possession of two bear gall
bladders and probation is granted, or if the execution or imposition
of sentence is suspended, it shall be a condition thereof that a
minimum term of 30 days shall be served in the county jail.
   (c) (1) The possession of three or more bear gall bladders is
punishable by both of the following:
   (A) The fine specified in paragraph (1) of subdivision (a).
   (B) An additional fine of not more than ten thousand dollars
($10,000), imprisonment in the county jail for not more than one
year, or both that fine and imprisonment.
   (2) If probation is granted, or the execution or imposition of
sentence is suspended, it shall be a condition thereof that a minimum
term of three months shall be served in the county jail.
   (d) Consecutive sentences shall be imposed for separate violations
of this section.
12005.5.  Notwithstanding Sections 12000 and 12002, a violation of
Section 3003.1 or 3003.2, or any rule or regulation adopted pursuant
thereto, is punishable by a fine of not less than three hundred
dollars ($300) or more than two thousand dollars ($2,000), or by
imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment.  The Legislature may increase, but
may not decrease, these penalties.
12006.  Notwithstanding Section 12002, the punishment for a
violation of Section 7370 or 8371 as that section relates to sturgeon
is a fine not to exceed five thousand dollars ($5,000); imprisonment
in the county jail not to exceed one year; or both the fine and
imprisonment.
12006.6.  Notwithstanding Section 12000 or 12002.8, and in addition
to Section 12009, and notwithstanding the type of fishing license or
permit held, if any person is convicted of a violation of Section
5521 or 5521.5, and the offense occurs 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 shall be punished by all
of the following:
   (a)  A fine of not less than fifteen thousand dollars ($15,000) or
more than forty thousand dollars ($40,000).
   (b) The court shall order the department to permanently revoke,
and the department shall permanently revoke, the commercial fishing
license and any commercial fishing permits of that person.  The
person punished under this subdivision shall not, thereafter, be
eligible for any license or permit to take or possess fish for sport
or commercial purposes, including, but not limited to, a commercial
fishing license or a sport fishing or sport ocean fishing license.
Notwithstanding any other provision of law, the commercial license or
permit of a person arrested for a violation punishable under this
section may not be sold, transferred, loaned, leased, or used as
security for any financial transaction until disposition of the
charges is final.
   (c) Any vessel, diving or other fishing gear or apparatus, or
vehicle used in the commission of an offense punishable under this
section shall be seized, and shall be ordered forfeited in the same
manner prescribed for nets or traps used in violation of this code,
as described in Article 3 (commencing with Section 8630) of Chapter 3
of Part 3 of Division 6, or in the manner prescribed in Section
12157.
   (d) Not less than 50 percent of the revenue deposited in the Fish
and Game Preservation Fund from fines and forfeitures collected
pursuant to this section shall be allocated for the support of the
Special Operations Unit of the Wildlife Protection Division of the
department and used for law enforcement purposes.
12007.  Notwithstanding Section 12002, the punishment for (1) a
second or subsequent violation of Section 1602 or 1605 on the same
project or streambed alteration agreement; (2) each violation of
Section 2270, 2271, 6400, 6400.5, 15202, 15509, or 15600; or (3) each
violation of any regulation adopted pursuant to Section 15510, is a
fine of not more than five thousand dollars ($5,000) or imprisonment
in the county jail for a period not to exceed one year, or both the
fine and imprisonment.
12008.  Except as otherwise provided in Section 597 of the Penal
Code, the punishment for a violation of any of the following
provisions is a fine of not more than five thousand dollars ($5,000)
or imprisonment in the county jail for not more than one year, or
both the fine and imprisonment:
   (a) Chapter 1.5 (commencing with Section 2050) of Division 3.
   (b) Section 3511.
   (c) Chapter 8 (commencing with Section 4700) of Part 3 of Division
4.
   (d) Chapter 2 (commencing with Section 5050) of Division 5.
   (e) Section 5515.
12008.5.  Notwithstanding Section 12000, the punishment for taking
any bighorn sheep in violation of Chapter 11 (commencing with Section
4900) of Part 3 of Division 4, or any regulation adopted pursuant
thereto, is a fine of not more than two thousand dollars ($2,000) or
imprisonment in the county jail for not more than one year, or both
the fine and imprisonment.
12009.  (a) Notwithstanding Section 12000, and except as provided in
Section 12006.6, the punishment for a violation of any provision of
Section 5521 or 5521.5, or any regulation adopted pursuant thereto,
or of Section 7121 involving abalone, is a fine of not less than
fifteen thousand dollars ($15,000) or more than forty thousand
dollars ($40,000) and imprisonment in the county jail for a period
not to exceed one year.  The court shall permanently revoke any
commercial fishing license, commercial fishing permit, or sport
fishing license issued by the department.  Any vessel, diving or
other fishing gear or apparatus, or vehicle used in the commission of
an offense punishable under this section,  may be seized and may be
ordered forfeited by the court pursuant to subdivision (c) of Section
12157.  Notwithstanding any other provision of law, the commercial
license of any person arrested for a violation punishable under this
section may not be sold, transferred, loaned, or leased, or used as
security for any financial transaction until disposition of the
charges is final.
   (b) Notwithstanding any other provision of law, the money
collected from any fine or forfeiture imposed or collected for the
taking of abalone for any purpose other than for profit in violation
of this article or any other provision of law shall be deposited as
follows:
   (1) One-half in the Abalone Restoration and Preservation Account.
   (2) One-half in the county treasury of the county in which the
violation occurred.
12010.  (a) Notwithstanding Section 12002, the maximum punishment
for each violation of Section 3503.5 relating to a bird-of-prey
designated as endangered, threatened, or fully protected is a fine of
five thousand dollars ($5,000) or imprisonment in the county jail
for a period of not to exceed one year, or both the fine and
imprisonment.
   (b) Notwithstanding Section 12002, the maximum punishment for a
violation of Section 3503.5 relating to any bird-of-prey that was
taken from the wild and that is subsequently reported to the
department as having been bred in captivity is a fine of five
thousand dollars ($5,000) or imprisonment in the county jail for a
period of not to exceed one year, or both the fine and imprisonment.
12011.  (a) In addition to the penalty provided in paragraph (4) of
subdivision (b) of Section 12002, any person convicted of a violation
of subdivision (a) of Section 5650 is subject to an additional fine
of all of the following:
   (1) Not more than ten dollars ($10) for each gallon or pound of
material discharged.  The amount of the fine shall be reduced for
every gallon or pound of the illegally discharged material that is
recovered and properly disposed of by the responsible party.
   (2) An amount equal to the reasonable costs incurred by the state
or local agency for cleanup and abatement and to fully mitigate all
actual damages to fish, plant, bird, or animal life and habitat.
   (3) Where the state or local agency is required to undertake
cleanup or remedial action because the responsible person refuses or
is unable to fully clean up the discharge, an amount equal to the
reasonable costs incurred by the state or local agency, in addition
to the amount of funds, if any, expended by the responsible person,
in cleaning up the illegally discharged material or abating its
effects, or both cleaning up and abating those effects.
   (b) Notwithstanding the jurisdiction of the department over
illegal discharges and pollution as provided in Section 5650, 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.
12012.  (a) Notwithstanding any other provision of this code, the
knowing unlawful taking for commercial purposes of a mammal, bird,
amphibian, reptile, fish, or any other species in violation of this
code is an offense punishable by imprisonment in the county jail for
not more than one year, by a fine of not more than thirty thousand
dollars ($30,000), or by both that imprisonment and fine.  This
subdivision does not apply to a person issued a commercial fishing
license pursuant to Section 7852 who takes finfish in an amount that
is less than 1,000 pounds more than the amount of fish authorized by
the applicable statute or regulation.
   (b) Notwithstanding any other provision of this code, the knowing
unlawful possession for commercial purposes of any part of a mountain
lion, bear, wild pig, bighorn sheep, elk, antelope, or deer, a pelt
of a furbearing mammal, a live reptile or amphibian, any fully
protected, threatened, or endangered species, or any quantity of fish
or shellfish in excess of the quantity permitted by other provisions
of this code is an offense punishable by imprisonment in the county
jail for not more than one year, by a fine of not more than  thirty
thousand dollars ($30,000), or by both that imprisonment and fine.
This subdivision does not apply to a person issued a commercial
fishing license pursuant to Section 7852 or a commercial fish
business license pursuant to Article 7 (commencing with Section 8030)
of Chapter 1 of Part 3 of Division 6 who possesses finfish in an
amount that is less than 1,000 pounds more than the amount of finfish
authorized by the applicable statute or regulation.
   (c) Notwithstanding any other provision of this code, the knowing
unlawful sale in violation of this code for commercial purposes, or
the unlawful possession with the intent to sell in violation of this
code, of any part of, or product made from, any wildlife is an
offense punishable by imprisonment in the county jail for not more
than one year, by a fine of not more than thirty thousand dollars
($30,000), or by both that imprisonment and fine.  This subdivision
applies only to a person who knowingly acquires for commercial
purposes any part of, or product made from, any unlawfully taken
wildlife.
   (d) (1) Whenever a second or subsequent violation of subdivision
(a), (b), or (c) also involves a violation of Section 8685.5, 8685.6,
8685.7, or 8688 which is punishable by subdivision (b) of Section
12004, the offense shall be punishable by a fine of not more than
thirty thousand dollars ($30,000), or by imprisonment pursuant to
subdivision (b) of Section 12004, or by both that fine and
imprisonment.
   (2) Whenever a second or subsequent violation of subdivision (a),
(b), or (c) also involves a violation of Section 4758 which is
punishable pursuant to subdivision (a) of Section 12005, the offense
shall be punishable by a fine of not more than thirty thousand
dollars ($30,000), or by imprisonment pursuant to subdivision (a) of
Section 12005, or by both that fine and imprisonment.
   (e) Notwithstanding Section 802 of the Penal Code, prosecution of
an offense punishable under this section shall be commenced within
three years after commission of the offense.
   (f) As used in this section:
   (1) "Commercial purposes" means import, export, sale, purchase,
barter, trade, exchange, or possession for profit or personal gain.
   (2) "Fish" means fish as defined by Section 45.
   (3) "Wildlife" means wildlife as defined by Section 711.2.
12013.  (a) In addition to any other penalty prescribed by law, any
person convicted of a violation punishable under subdivision (a) of
Section 12012 relating to wildlife, except fish, is prohibited from
thereafter taking wildlife, except fish, in this state for a period
of not less than one year from the date of conviction.  In
determining the length of the prohibition imposed pursuant to this
subdivision, the court shall take into consideration the gravity of
the offense for which the person was convicted, including, but not
limited to, whether the species was illegally taken for commercial
purposes, the magnitude of the offense, damage to the species as a
resource in the geographic area where taken, previous convictions for
violations of this code, and the motivation of the person convicted.
  Any license, permit, license tag, license stamp, or other
entitlement to take or possess wildlife, except fish, for any purpose
other than for commercial purposes that has previously been issued
to that person shall be immediately revoked by the court and that
person, during the period of the prohibition, shall not apply for a
license, permit, license tag, license stamp, or other entitlement to
take or possess wildlife, except fish, for any purpose other than for
commercial purposes.
   (b) In addition to any other penalty prescribed by law, any person
convicted of a violation punishable under subdivision (a) of Section
12012 relating to fish is prohibited from thereafter taking or
possessing fish in this state for a period of not less than one year
from the date of conviction.  In determining the length of the
prohibition imposed pursuant to this subdivision, the court shall
take into consideration the gravity of the offense for which the
person was convicted, including, but not limited to, such factors as
whether the species was illegally taken for commercial purposes, the
magnitude of the offense, damage to the species as a resource in the
geographic area where taken, previous convictions for violations of
this code, and the motivation of the person convicted.  Any license,
permit, license tag, license stamp, or other entitlement to take or
possess fish for any purpose other than for commercial purposes that
has previously been issued to that person shall be immediately
revoked and that person, during the period of the prohibition, shall
not apply for a license, permit, license tag, license stamp, or other
entitlement to take or possess fish for any purpose other than for
commercial purposes.
   (c) As used in this section, "commercial purposes" means for
profit or personal gain, "fish" means fish as defined by Section 45,
and "wildlife" means wildlife as defined by Section 711.2.
   (d) This section does not apply to any person who is licensed to
take any fish or wildlife for commercial purposes and does not
supersede or otherwise affect any other provision of this code or
regulations adopted pursuant to this code relating to issuing,
suspending, or revoking licenses or other entitlements to take,
possess, buy, or sell wildlife or fish for commercial purposes.
12015.  (a) It is the intent of the Legislature that expeditious
cleanup is the primary interest of the people of the State of
California in order to protect the people and the environment of the
state.
   (b) 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, shall 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.
   (c) Prior to taking any action committing the use of state funds
pursuant to this section or Section 5655, the department shall first
make a reasonable effort to have the person responsible, when that
person is known and readily available, remove, or agree to pay for
the removal of, the substance causing the prohibited condition, if
the responsible person acts expeditiously and does not cause the
prohibited condition to be prolonged to the detriment of fish, plant,
animal, or bird life in the affected waters.  When the responsible
party is unknown or is not providing adequate and timely cleanup, the
emergency reserve account of the Hazardous Substance Account in the
General Fund shall be used to provide funding for the cleanup
pursuant to Section 25351 or 25354 of the Health and Safety Code.
When those or other funds are not available, moneys in the Fish and
Wildlife Pollution Account shall be available, in accordance with
subdivision (b) of Section 12017, for funding the cleanup expenses.
12016.  (a) In addition to any other provision of law, 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.
   (b) For the purposes of this section, "deleterious substance or
material" does not include substances or materials otherwise
expressly permitted or authorized to be deposited or discharged into
waters of the state by law.
12017.  (a) Notwithstanding Section 13001, any recovery or
settlement of money received pursuant to the following sections shall
be deposited in the Fish and Wildlife Pollution Account:
   (1) Section 2014.
   (2) Article 1 (commencing with Section 5650) of Chapter 2 of Part
1 of Division 6.
   (3) Section 12015 or 12016.
   (4) Chapter 4 (commencing with Section 151) of Division 1.5 of the
Harbors and Navigation Code.
   (5) Section 13442 of the Water Code.
   (6) Proceeds or recoveries from pollution and abatement actions.
   (b) Moneys in the account are continuously appropriated to the
department, except as provided in Section 13230.
   (c) Funds in the account shall be expended for the following
purposes:
   (1) Abatement, cleanup, and removal of pollutants from the
environment.
   (2) Response coordination, planning, and program management.
   (3) Resource injury determination.
   (4) Resource damage assessment.
   (5) Economic valuation of resources.
   (6) Restoration or rehabilitation at sites damaged by pollution.
   (d) Notwithstanding subdivision (c), funds in the account in
excess of one million dollars ($1,000,000) as of July 1 of each year
may also be expended for the preservation of California plants,
wildlife, and fisheries.
   (e) 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 Hazardous
Waste Control Account in the General Fund pursuant to Section 25351
or 25354 of the Health and Safety Code.
   (f) 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.  These
contracts are not subject to Part 2 (commencing with Section 10100)
of Division 2 of the Public Contract Code.
12020.  Any person willfully violating his 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 he was originally arrested.
12021.  (a) In addition to any assessment, fine, penalty, or
forfeiture imposed pursuant to any other provision of law, an
additional penalty of fifteen dollars ($15) shall 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 such additional penalty may be imposed in a single
proceeding.  The revenue from this penalty shall be transferred to,
and deposited in, the Fish and Game Preservation Fund and used
exclusively for the purposes of Section 13006.
   (b) Subdivision (a) does not apply to a violation punishable
pursuant to subdivision (b) of Section 12002.1, subdivision (b) of
Section 12002.2, or any regulation relating to the wearing or display
of a fishing license.
12023.  (a) Notwithstanding Section 12002, any person who violates
Section 6400 through the use of an aquatic nuisance species, as
defined in Section 6431, is guilty of a misdemeanor, punishable by
all of the following:
   (1) Imprisonment in the county jail for not less than six months
or more than one year, a fine of not more than fifty thousand dollars
($50,000) for each violation, or both that imprisonment and fine.
   (2) Revocation of all of the defendant's licenses and permits
issued pursuant to this code.
   (b) A person who personally or through another violates Section
6400, 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
Section 6400 through the use of an aquatic nuisance species shall
also be liable for all monetary damages directly, indirectly, and
proximately caused thereby, including, but not limited to, 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.
   (c) A person who allows an aquatic nuisance species to escape from
his or her property to the property of another, whether privately or
publicly owned, is liable to the owner of the intruded upon property
for any damages caused by the species.
   (d) This section shall not apply to the placement of any live
fish, any fresh or salt water animal, or any aquatic plant from the
discharge or exchange of ballast water from any vessel as defined by
Section 21 of the Harbors and Navigation Code.
   (e) This section does not apply to the placement of an aquatic
plant by a person who was unaware that he or she was in possession of
the plant.  This exception includes circumstances in which a plant
becomes unknowingly and temporarily attached or affixed to a boat,
boat trailer, or boat motor.
12024.  (a) In addition to Section 12023, a person who violates
Section 6400 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
shall constitute a debt of that person, and shall be 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.
   (b) Public agencies participating in a response to a violation of
Section 6400 through the use of an aquatic nuisance species may
designate one or more of the participating agencies to bring an
action to recover costs incurred by all of the participating
agencies.
   (c) The costs relating to an accounting for a violation of Section
6400 through the use of an aquatic nuisance species and the
collection of any funds, including, but not limited to, the
administrative, legal, and public relations costs of operating a
response and remediation program may also be the subject of an action
to recover costs which are charged against the responsible person.
12026.  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 Section 6400 through the
use of an aquatic nuisance species, is eligible to obtain a reward of
up to fifty thousand dollars ($50,000) pursuant to Section 2586.


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