FISH AND GAME BAIL AND PENALTY SCHEDULE (*See Preface, Section III) (**See Preface, Section IV)

Transcription

1 Section % (Fish and Game Code) GENERAL LICENSE PROVISIONS 1052 (a-f) M Unlawful Use of License or Tag M False ment to Obtain License (a) 1 M Failure of License Agent to Account for Licenses, Stamps, Tags, or Fees , , (a) 2 M Unlawful Taking or Possessing of Fish or Wildlife 2001 (a-c) M Unlawful Possession After Season (a, c) 3 M Unlawful Possession of Trophy Deer, Elk, Antelope. or Bighorn Sheep After Season 5,000 5,000 3, ,500 2,500 1,000 1,000 20, , (b) 4 M Unlawful Possession of Wild Turkey After Season 2,000 2,000 1, ,000 1, , , M Property Damage While Hunting or Fishing 2005 (a-c) M Unlawful Use of Artificial Light , , (a-c) 3 M Unlawful Use of Artificial Light to Assist in Taking of Trophy Deer, Elk, Antelope, or Bighorn Sheep 5,000 5,000 3, ,500 2,500 1,000 1,000 20, , (a, c) 4 M Unlawful Use of Artificial Light to Assist in Taking of Wild Turkey TAKING AND POSSESSING 2,000 2,000 1, ,000 1, , , (a) M Loaded Gun in Vehicle (a) 2 M Unlawful Possession or Use of a Shotgun M Unlawful Removal of Hunting Dog Collar M Failure to Show License, Equipment, or Game

2 2015 (a) 2 M Unlawful Possession of Bird, Fish, Etc., in Restaurant or Eating Establishment % , , M Trespass While Hunting M Unlawful Posting or Destruction of Signs M Importing/Taking/Possessing Any Rare or Endangered Animal , , INFORMATION, TRANSPORTATION, AND SHELTERING OF RESTRICTED LIVE WILD ANIMALS 2118 M Unlawful Possession of Prohibited Species , , M Allowing a Legally Imported Wild Animal to Escape 2361 M Importation of Salmon M Capturing or Transporting for Sale, or Selling Wild Rodents METHODS OF TAKING 3000 M Hunting During Closed Hours M Hunting While Intoxicated , , M Shooting From Boat, Vehicle, or Airplane (a) 6 M Unlawful Hunting With a Gun or Device Accessed Via an Internet Connection , , (b)(1) 6 M Owning or Operating Online Shooting Range, , , Site, or Gallery 3003 (b)(2) 6 M Create, Maintain, or Utilize Internet Web Site or Service by Other Means for Purpose of Online Hunting , , (c) 6 M Possession or Confinement of Bird or Mammal for , , Online Hunting 3003 (d) 6 M Import or Export of Bird or Mammal Killed by Online Hunting , ,

3 Section % (a) 7 M Shooting Within 150 Yards of Dwelling (b) 7 M Unlawful Discharge of Firearm, Arrow, or Crossbow Bolt Across a Public Road or Way (a)(1) 8 I Use of Unlawful Rifle or Pistol Ammunition , , M Taking Birds or Mammals With Unlawful Devices 3012 M Use of Amplified Animal Sounds to Assist in Taking DOMESTICATED GAME BREEDING 3200 M License for Breeding GENERAL PROVISIONS 3501 M Unlawful Driving of Game Birds M Taking, Possessing, or Destroying the Nest or , , Eggs of Any Birds FULLY PROTECTED BIRDS 3511 (a)(1) 2 M Taking or Possession of Fully Protected Birds , , NONGAME BIRDS M Taking of One Nongame Bird , , (Each Additional Nongame Bird) GAME MAMMALS 140

4 3960 (b) M Unlawful to Allow Dog to Pursue Big Game Mammal During Closed Season; Protected, Rare, or Endangered Mammal; Bear or Bobcat; or Any Mammal in Game Refuge or Ecological Reserve % , , TRAPPING PROVISIONS 4004 (a,b, 10 M Trapping Violations d-g) 4004 (c) 10 M Setting or Maintaining Trap Without Required Identifying Mark , , TAKING DEER 4304 M Waste of Game Meat M Waste of Trophy Deer, Elk, Antelope, or Big Horn Sheep Meat 5,000 5,000 3, ,500 2,500 1,000 1,000 20, , M Waste of Trophy Turkey Meat 2,000 2,000 1, ,000 1, , , M No Deer License Tag M No License Tag for Trophy Deer, Elk, Antelope, or Big Horn Sheep 5,000 5,000 3, ,500 2,500 1,000 1,000 20, , M No License Tag for Trophy Turkey 2,000 2,000 1, ,000 1, , , (a,b) M Untagged Deer BURRO 4600 (a) M Unlawful Killing or Capture of Undomesticated Burro , , WILD PIG 4657 M Wild Pig License Tag Violation

5 Section % FULLY PROTECTED MAMMALS 4700 (a)(1) 12 M Taking or Possession of Fully Protected Mammal 5,000 5,000 3, ,500 2,500 1,000 1,000 20, , BEAR 4753 M Bear Tag License Violation M Sale or Purchase of Bear Meat or Parts 3,250 3,250 2, ,625 1, , , M Possession of Three or More Bear Gall Bladders 10,000 10,000 7, ,000 5,000 2,000 2,000 41, , FULLY PROTECTED REPTILES AND AMPHIBIANS 5000 M Selling, Purchasing, Harming, Possessing, Transporting, or Shooting Desert Tortoise 5050 (a)(1) 2 M Taking or Possession of Fully Protected Reptile or Amphibian , , , , FISH GENERAL PROVISIONS M Fish of Indeterminate Size , , (For Each Additional Fish) FULLY PROTECTED FISH 5515 (a) M Taking or Possession of Fully Protected Fish , , (a) 16 M Taking, Possessing, or Landing Abalone for Commercial or Recreational Purposes From Designated Waters 15,000 15,000 10, ,500 7,500 3,000 3,000 61, , WATER POLLUTION GENERAL PROVISIONS 142

6 M Depositing/Permitting to Pass Into Waters Deleterious Materials % , , (a) M Littering Within 150 Feet of Water FISH PLANTING AND PROPAGATION M Unlawful Placing of Fish, Animal, or Plant in Waters 15,000 15,000 10, ,500 7,500 3,000 3,000 61, , SPORT FISHING GENERAL PROVISIONS 7121 M Unlawful Sale or Purchase of Fish 2,000 2,000 1, ,000 1, , , M Unlawful Sale or Purchase of Abalone 15,000 15,000 10, ,500 7,500 3,000 3,000 61, , SPORT FISHING LICENSES 7145 (a) 20 I Fishing Without a License With Proof of Valid License to COMMERCIAL SALMON TROLLERS ENHANCEMENT AND RESTORATION M No Commercial Fishing Stamps for Salmon M Unlawful Use of Net, Trap, or Line , , COMMERCIAL FISHING NETS M Unlawful Use or Possession of Net for Taking Certain Fish , , GILL AND TRAMMEL NETS M Prohibited Use of Gill Nets to Take Certain Fish 2,000 2,000 1, ,000 1, , ,

7 M Prohibited Possession/Sale of Fish Taken With Gill Net % ,000 2,000 1, ,000 1, , , M Prohibited Purchase of Fish Taken by Gill Net 2,000 2,000 1, ,000 1, , , REFUGES (a-g) 22 M Acts Unlawful in Refuge , , GENERAL PROVISIONS (a) 23 M Unlawful Taking of Animal , , (a) 24 M Illegal Poaching of Wildlife for Profit 10,000 10,000 7, ,000 5,000 2,000 2,000 41, , (a) 25 M Taking or Possessing More than Three Times the 10,000 10,000 7, ,000 5,000 2,000 2,000 41, , Bag or Possession Limit (a) 26 M Violation Committed With Use of Signal Emitting Device for Taking of Bear for Purpose of Selling or Trafficking in Bear Parts 10,000 10,000 7, ,000 5,000 2,000 2,000 41, , AQUACULTURE M Placement of Prohibited Species in Designated 3,000 3,000 2, ,500 1, , , Waters M Violation of Established Aquatic Quarantine 3,000 3,000 2, ,500 1, , , (California Code of Regulations, Title 14) I Excess of Bag Limit Fish M Excess of Bag Limit Fish , , I Undersize Fish (For Each Undersize Fish) M Undersize Fish , ,

8 % (For Each Undersize Fish) I Sport Fishing Report Card and Tagging Requirements 1.74 M Sport Fishing Report Card and Tagging , , Requirements I Fishing Methods With 2 Poles With Net M Fishing Methods With 2 Poles With Net , , I Fishing Methods Hooks M Fishing Methods Hooks I White Sturgeon , , (For Each Over-Limit or Illegal Size Fish) M White Sturgeon , , (For Each Over-Limit or Illegal Size Fish) I Waters With Special Fishing Regulations M Waters With Special Fishing Regulations , , I Fin Fish Limits M Fin Fish Limits , , I Filleting of Fish on Vessels M Filleting of Fish on Vessels , , I Transport of Recreational Finfish Through a Restricted Fishing Area Without Permit M Transport of Recreational Finfish Through a Restricted Fishing Area Without Permit , ,

9 % I Trout in the Ocean M Trout in the Ocean , , I Salmon Closures M Salmon Closures , , I Salmon M Salmon , , I Management Areas, Seasons, Depths, Exceptions, and Fishery Closure Process Described M Management Areas, Seasons, Depths, Exceptions, and Fishery Closure Process Described , , I California Rockfish Conservation Area M California Rockfish Conservation Area , , I Striped Bass M Striped Bass , ,

10 % I White Sturgeon , , (For Each Over-Limit or Illegal Size Fish) M White Sturgeon , , (For Each Over-Limit or Illegal Size Fish) I White Sturgeon Reporting and Tagging Requirements for Ocean Waters M White Sturgeon Reporting and Tagging , , Requirements for Ocean Waters I Sturgeon Closure M Sturgeon Closure , , I Grunion, California M Grunion, California , , I Garibaldi M Garibaldi , , I White Shark M White Shark , , I Giant (Black) Sea Bass M Giant (Black) Sea Bass , ,

11 % I Gulf Grouper and Broomtail Grouper M Gulf Grouper and Broomtail Grouper , , I Halibut, California M Halibut, California , , I Halibut, Pacific M Halibut, Pacific , , I Barracuda, California M Barracuda, California , , I California Sheephead M California Sheephead , , I Lingcod M Lingcod , , I Cabezon M Cabezon , ,

12 % I Kelp Greenling, Rock Greenling M Kelp Greenling, Rock Greenling , , I Kelp Bass, Barred Sand Bass, and Spotted Sand Bass M Kelp Bass, Barred Sand Bass, and Spotted Sand Bass , , I Pacific Bonito M Pacific Bonito , , I White Seabass M White Seabass , , I Yellowtail M Yellowtail , , I Broadbill Swordfish M Broadbill Swordfish , ,

13 .45 I Surf Smelt (Night Smelt, Day Fish, Whitebait Smelt) % M Surf Smelt (Night Smelt, Day Fish, Whitebait Smelt) , , I Marlin M Marlin , , I California Scorpionfish (Sculpin) M California Scorpionfish (Sculpin) , , I Rockfish (Sebastes) M Rockfish (Sebastes) , , I Leopard Shark M Leopard Shark , , I Ocean Whitefish M Ocean Whitefish , , I Surfperch

14 % M Surfperch , , I Herring Eggs (For Each Pound Over Limit) M Herring Eggs , , (For Each Pound Over Limit) I Herring M Herring , , I Fin Fish General Gear Restrictions M Fin Fish General Gear Restrictions , , I Weight, Power Driven Gurdies, or Power Driven Winches.70 M Weight, Power Driven Gurdies, or Power , , Driven Winches.75 I Baited Traps for Shiner Surfperch, Pacific Staghorn Sculpin, and Longjaw Mudsuckers.75 M Baited Traps for Shiner Surfperch, Pacific , , Staghorn Sculpin, and Longjaw Mudsuckers.80 I Dip Nets and Hawaiian-Type Throw Nets M Dip Nets and Hawaiian-Type Throw Nets , , I Beach Nets M Beach Nets , , I Diving, Spearfishing M Diving, Spearfishing , , I Slurp Guns M Slurp Guns , ,

15 .95 I Spears, Harpoons, and Bow and Arrow Fishing Tackle.95 M Spears, Harpoons, and Bow and Arrow Fishing Tackle % , , I Gear Used in Taking Grunion M Gear Used in Taking Grunion , , I Invertebrates General M Invertebrates General , , I Invertebrates General M Invertebrates General , , I Abalone (For Each Over-Limit Abalone) M Abalone , , (For Each Over-Limit Abalone) I Clams General M Clams General , , I Gaper Clams and Washington Clams M Gaper Clams and Washington Clams , , I Geoduck Clams M Geoduck Clams , , I Littleneck Clams, Soft-Shell Clams, Chiones, Northern Quahogs, and Cockles

16 29.35 M Littleneck Clams, Soft-Shell Clams, Chiones, Northern Quahogs, and Cockles % , , I Pismo Clams M Pismo Clams , , I Razor Clams M Razor Clams , , I Mussels (For Each Over-Limit Mussel) M Mussels , , (For Each Over-Limit Mussel) I Rock Scallops M Rock Scallops , , I Speckled (Bay) Scallops M Speckled (Bay) Scallops , , I Squid M Squid , , I Moon Snails M Moon Snails , , I Crustacean Gear Restrictions M Crustacean Gear Restrictions , , I Crabs (For Each Over-Limit Crab) M Crabs , ,

17 % (For Each Over-Limit Crab) I Bay Shrimp (Grass Shrimp) M Bay Shrimp (Grass Shrimp) , , I Ghost Shrimp and Blue Mud Shrimp M Ghost Shrimp and Blue Mud Shrimp , , I Coonstripe Shrimp M Coonstripe Shrimp , , I Spiny Lobsters (For Each Over-Limit Lobster) M Spiny Lobsters , , (For Each Over-Limit Lobster) I Kelp General M Kelp General , , I Prohibited Marine Plant Species M Prohibited Marine Plant Species , , M Abalone Unlawful Taking for Commercial Purposes 15,000 15,000 10, ,500 7,500 3,000 3,000 61, , M Violation of Commercial Fishing Regulations M Pheasants Season and Area (For Each Over-Limit Bird) I Tree Squirrels Season and Area (For Each Over-Limit Animal) M Tree Squirrels Season and Area (For Each Over-Limit Animal) I Rabbits Season and Area (For Each Over-Limit Animal) M Rabbits Season and Area

18 % (For Each Over-Limit Animal) M Shooting Hours Small Game Animal M Shooting Hours Game Birds I Weapons or Methods Authorized M Weapons or Methods Authorized M Shooting Hours Big Game M Methods Big Game (a,b) M Deer Season and Area , , (c) M (For Each Over-Limit Deer) (a,b) M Bear Season and Area , , (c) M (For Each Over-Limit Bear) , , (e) M Method of Take , , (a) M Migratory Waterfowl Season and Area (b) M (For Each Over-Limit Bird) M Waterfowl Shooting I Waterfowl Method of Take M Waterfowl Method of Take (a) M Display of Fishing License (b) M Hunting License in Possession (b) M Hunting License in Possession Without Proof of Correction , , Per F&G 12002(b): "... fine of not more than $2,000, imprisonment in a county jail for not more than one year, or both the fine and imprisonment." 2 Assem. Bill 1527 (Stats. 2015, ch.154). 3 Per F&G (a): " fine of not lessan $5,000, nor more than $40,000." 4 Per F&G (a): " fine of not less than $2,000, nor more than $5,000." 5 Per F&G 12002(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." 155

19 % Per F&G 12002(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." Per F&G 12002(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." Per F&G (g): "A person who violates any provision of this section is guilty of an infraction punishable by a fine of $500." 9 Per F&G 12002(c), except as specified in F&G and 12010: "... a fine of not more than $5,000." Assem. Bill 1527 (Stats. 2015, ch.154). Per F&G (a): "fine of not less than $5,000, nor more than $40,000." 12 Per F&G : "fine of not more than $25,000 per unlawful taking, imprisonment in the county jail for the period prescribed in sections or 12008, or both the fine and imprisonment." 13 Per F&G 12005(a): "punishment for each violation of Section 4758 shall include both of the following: (1) A fine of $250 for each bear part. (2) An additional fine of not more than $5,000, imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, or both that fine and imprisonment." 14 Per F&G 12002(a): "... punishment for a violaion of this code that is a misdemeanor is a fine of not more than $1,000, imprisonment in the county jail for not more than six months, or by both the fine and imprisonment." Per F&G 12002(b): punishment for a violation of subdivision (c) of Section 4004 is " a fine of not more than $2,000, imprisonment in the county jail for not more than one year, or both the fine and imprisonment" Per F&G 12005(c)(1), punishment for each violation of section 4758 that includes the possession of three or more bear gall bladders is punishable by both a fine of $250 for each bear part, as required by F&G 12005(a)(1), and an additional fine of not more than $10,000 dollars, imprisonment in a county jail for not more than one year, or both that fine and imprisonment. Per F&G 12005(c)(1)(B)(2): "If probation is granted, or execution or imposition of sentence is suspended, it shall be a condition thereof that the minimum term of three months shall be served in a county jail." 15 Per F&G : punishment "... not less than $ " 16 Per F&G 12009(a): "... except as provided in Section , the punishment for a violation of any provision of Section 5521 or is a fine of not less than $15,000 or more than $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." Per F&G : "... 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 , 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... A fine of not less than $15,000 or more than $40,000." 17 Per F&G 12002(b): "... fine of not more than $2,000, imprisonment in a county jail for not more than one year, or both the fine and imprisonment." 18 Per F&G 12023: "... 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 $50,000 for each violation, or both that imprisonment and fine...." 156

20 % Per F&G 12009(a): "... except as provided in Section , the punishment for a violation... of Section 7121, involving abalone, is a fine of not less than $15,000 or more than $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." Per F&G : "... 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 , 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 more than 100 abalone during a calendar year, that person shall be punished by... A fine of not less than $15,000 or more than $40,000." Per F&G (a): "... fine of not less than $100 or more than $1, " Per F&G (b), a court may reduce the fine for conviction to $25 with proof of a license valid at time of arrest. Per F&G 7863, the section shall remain in effect until 1/1/ Per F&G 12002(b): "... fine of not more than $2,000, imprisonment in the county jail for not more than one year, or both the fine and imprisonment." 23 Per F&G (a): "... not less than $500 and imprisonment in county jail for not less than 30 days for a second subsequent violation." 24 Per F&G 12012(a): " fine of not less than $5,000, nor more than $40,000." 25 Per F&G 12013(a): " fine of not less than $5,000, nor more than $40,000." 26 Per F&G (a): "fine of $10,000 per bear part." 27 Per F&G 12000(b): "... infraction punishable by a fine of not less than $100 and not to exceed $1, " Assem. Bill 298 (Stats. 2015, ch. 31). Per F&G 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 is guilty of an infraction punishable by a fine of not less than $100 or more than $1,000, or of a misdemeanor: (1) Section (2) Subdivision (a) of Section (3) Section (4) Sections 1.14, 1.17, 1.62, 1.63, and 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 to 30.10, inclusive, of Title 14 of the California Code of Regulations. (7) Sections 40 to 43, inclusive, of Title 14 of the California Code of Regulations. (8) Section of Title 14 of the California Code of Regulations. (9) Sections 307, 308, and 311 to 313, inclusive, of Title 14 of the California Code of Regulations. (10) Sections 505, 507 to 510, inclusive, and 550 to 553, inclusive, of Title 14 of the California Code of Regulations. (10)(11) Sections 630 to 630.5, inclusive, of Title 14 of the California Code of Regulations. (12) Section 632 of Title 14 of the California Code of Regulations, except if either of the following apply: (A) The person who violates the regulation holds a commercial fishing license issued pursuant to Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6 or a commercial passenger fishing boat license issued pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6. (B) The violation of the regulation occurred within two years of a prior violation of the regulation that resulted in a conviction." 157