State Codes and Statutes

Statutes > California > Fgc > 12150-12166

FISH AND GAME CODE
SECTION 12150-12166



12150.  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 shall 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. These proceedings shall be conducted in the same manner
as an action to try a misdemeanor and the defendant may request that
all findings of fact shall be made by a jury. The court shall inform
the defendant of the nature of the proceedings and of the defendant'
s right to have a jury.
   If it is found that the defendant did the killing or wounding, but
that it was not intentional or negligent, the court shall dismiss
the proceeding. Otherwise, if it is found that the defendant did the
killing or wounding intentionally, by an act of gross negligence, or
while under the influence of alcohol, the court shall issue an order
permanently prohibiting the defendant from taking any bird or mammal.
   If it is found that the defendant was negligent, but not grossly
negligent, the court shall issue an order prohibiting the defendant
from taking any bird or mammal for a period specified at the
discretion of the court but not less than five years.




12150.5.  Any person whose license has heretofore been revoked
pursuant to Section 12150 may, upon petition, obtain a new trial in
the court which originally revoked his license. Such trial shall be
with a jury if requested as provided in Section 12150, and shall 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 shall be denied. If however, it
was based on a negligent act not amounting to gross negligence the
court may review and redetermine the length of time for which no
license should be issued such person. The court may authorize the
issuance of a license to the person after such time as the court
shall determine to be proper in light of the circumstances.



12150.6.  (a) Any person who has been prohibited from taking any
bird or mammal pursuant to Section 12150 or 12151 shall 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 ten thousand dollars ($10,000) for personal
injury or death of any person, subject to a maximum of twenty
thousand dollars ($20,000) for such injury or the death of two or
more persons in any one accident and at least five thousand dollars
($5,000) for property damage resulting from any one accident.
   (b) Proof of ability to respond in damages may be given by any of
the following:
   (1) The written certificate of any insurance carrier duly
authorized to do business within the state that it has issued to or
for the benefit of the person named a public liability insurance
policy which is, at the date of the certificate, in full force and
effect. The certificate shall certify that the policy therein cited
shall not be canceled except upon 10 days' prior written notice to
the department.
   (2) A bond in the amount of twenty-five thousand dollars ($25,000)
approved by a judge of a court of record. The bond shall be
conditioned for the payment of the amounts specified in this section
and shall provide for the entry of judgment on motion of the state in
favor of any holder of any final judgment on account of damages to
property or injury to any person caused while the licensee is taking
any bird or mammal.


12150.7.  The department shall, upon request, cancel any bond or
shall 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:
   (a) On the filing of an affidavit with the department that the
person will not thereafter engage in the taking of any bird or
mammal.
   (b) In the event of the permanent incapacity of such person to
engage in the taking of any bird or mammal.
   (c) Upon the death of the person on whose behalf such proof was
filed.


12150.8.  Whenever any claim is made against any such person or
judgment is rendered against any such person required to file proof
of ability to respond in damages, such person shall not 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 in Section 12150.6 over and above all
claims made against previously filed proof of ability to respond in
damages.


12151.  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 shall 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 wounding. These proceedings
shall be conducted in the same manner as an action to try a
misdemeanor and the defendant may request that all findings of fact
shall be made by a jury. The court shall inform the defendant of the
nature of the proceedings and of the defendant's right to have a
jury.
   If it is found that the defendant did the killing or wounding but
that it was not intentional or negligent, the court shall dismiss the
proceeding. Otherwise, if it is found that the defendant did the
killing or wounding intentionally or negligently, the court shall
issue an order prohibiting the defendant from taking any bird or
mammal for a period of five years.



12151.5.  Any person who, while hunting, kills or wounds or
witnesses the killing or wounding of any human being, or domestic
animal belonging to another, shall, within 48 hours after the
incident, forward a complete written report to the Department of Fish
and Game, 1416 Ninth Street, Sacramento, California 95814, giving
his full name and address and all facts relating to the incident.



12152.  Whenever a person has been prohibited from taking any bird
or mammal pursuant to Section 12150 or Section 12151, the court in
which the proceeding for such action was had shall report the facts
to the department at its Sacramento headquarters office. The report
shall show the date and place of the occurrence, the name and address
of the person who did the killing or wounding, the name and address
of the person who was killed or wounded or the name and address of
the owner of the animal, as the case may be, and such other
information as the department may require.
   The department shall maintain a record of all orders issued under
Section 12150 and Section 12151. The record shall show the name and
address of the person involved, the date of such action, and the date
of expiration of such order. The department shall periodically
transmit copies of such records to each person authorized to issue a
hunting license and to each district attorney in the State.




12153.  Any commercial fishing license is forfeited for the
violation of any of the provisions of Sections 1050 to 1060,
inclusive, or 2012 of this code, or of any of the provisions of this
code relating to the use of nets.



12154.  (a) Upon a conviction of a violation of Section 12012 or
12013, 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 shall initiate the appeal process within 12 months of the
violator's appeal request. The department may adopt regulations to
implement this subdivision.
   (b) Pursuant to subdivision (c) of Section 12157, a judge may
order the seizure or forfeiture of any device or apparatus, including
a vessel, vehicle, or hunting or fishing gear, that is used in
committing an offense punishable under Section 12012 or 12013.



12155.  Upon the third conviction of any person of a violation of
any provision of this code or regulation adopted pursuant thereto
relating to the taking or possession of birds or mammals, or parts
thereof, in any five-year period, and upon any conviction subsequent
to the three convictions during a five-year period, that person shall
be prohibited from taking any birds or mammals in the state for
three years from the date of the last conviction. The commission
shall revoke the hunting license of the person who is prohibited from
taking birds or mammals in this state, if he or she has one, for the
period of prohibition.
   It shall be unlawful for any person to obtain, or attempt to
obtain, a hunting license during a period of prohibition.



12155.5.  (a) The commission shall adopt regulations and procedures
governing the revocation or suspension of hunting or sport fishing
privileges. The regulations shall provide for notice and opportunity
for a hearing.
   (b) Any person, whose license was revoked pursuant to Section
12154, 12155, or 12156, 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.
   (c) After a public hearing at which the person has appeared in
person, the commission may terminate the prohibition and authorize
the issuance of a license if it finds that there are sufficient
mitigating circumstances to warrant that action.
   (d) 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.
   (e) Any person who violates subdivision (d) 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.


12156.  No person who is licensed or required to be licensed
pursuant to Section 4005 and who is convicted of a violation of any
provision of Article 1 (commencing with Section 4000) of Chapter 2 of
Part 3 of Division 4 or of Section 4150 shall 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. The commission shall revoke
the trapping license of the person who is prohibited from taking
fur-bearing and nongame mammals in the state, if the person has one,
for the period of prohibition.
   No person shall obtain, or attempt to obtain, a trapping license
during a period of prohibition.



12156.5.  (a) The judge before whom any guide, as defined in Section
2535, 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.
   (b) For purposes of this section, a plea of nolo contendere or no
contest or a forfeiture of bail is a conviction.
   (c) It shall be unlawful for any person to obtain, or attempt to
obtain a guide license, sportfishing license, or hunting license
during a period of revocation imposed under this section.
   (d) Neither the disposition of the criminal action other than by
conviction nor the discretionary refusal of the judge to order
revocation upon conviction impairs the right of the department to
commence proceedings to order revocation of the guide license
pursuant to Section 2546.



12157.  (a) Except as provided in subdivision (b), 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.
   (b) The judge shall, if the offense is punishable under Section
12008 of this code or under subdivision (c) of Section 597 of the
Penal Code, order the forfeiture of any device or apparatus that is
used in committing the offense, including, but not limited to, any
vehicle that is used or intended for use in delivering, importing, or
exporting any unlawfully taken, imported, or purchased species.
   (c) (1) The judge may, for conviction of a violation of any of the
following offenses, order forfeiture of any device or apparatus that
is used in committing the offense, including, but not limited to,
any vehicle used or intended for use in committing the offense:
   (A) Section 2000 relating to deer, elk, antelope, feral pigs,
European wild boars, black bears, and brown or cinnamon bears.
   (B) Any offense that involves the sale, purchase, or possession of
abalone for commercial purposes.
   (C) Any offense that involves the sale, purchase, or possession of
sturgeon or lobster, pursuant to Section 7370 or 8254.
   (D) Any offense that involves a violation of Section 12012.
   (E) A violation of subdivision (b) of Section 12013.
   (2) In considering an order of forfeiture under this subdivision,
the court shall take into consideration the nature, circumstances,
extent, and gravity of the prohibited act committed, the degree of
culpability of the violator, the property proposed for forfeiture,
and other criminal or civil penalties imposed on the violator under
other provisions of law for that offense. The court shall impose
lesser forfeiture penalties under this subdivision for those acts
that have little significant effect upon natural resources or the
property of another and greater forfeiture penalties for those acts
that may cause serious injury to natural resources or the property of
another, as determined by the court. In determining whether or not
to order forfeiture of a vehicle, the court shall, in addition to any
other relevant factor, consider whether the defendant is the owner
of the vehicle and whether the owner of the vehicle had knowledge of
the violation.
   (3) It is the intent of the Legislature that forfeiture not be
ordered pursuant to this subdivision for minor or inadvertent
violations, as determined by the court.
   (d) A judge shall not order the forfeiture of a vehicle under this
section if there is a community property interest in the vehicle
that is owned by a person other than the defendant and the vehicle is
the only vehicle available to the defendant's immediate family that
may be operated on the highway with a class A, class B, or class C
driver's license.
   (e) Any device or apparatus ordered forfeited shall be sold, used,
or destroyed by the department.
   (f) (1) The proceeds from all sales under this section, after
payment of any valid liens on the forfeited property, shall be paid
into the Fish and Game Preservation Fund.
   (2) A lien in which the lienholder is a conspirator is not a valid
lien for purposes of this subdivision.
   (g) The provisions in this section authorizing or requiring a
judge to order the forfeiture of a device or apparatus also apply to
the judge, referee, or juvenile hearing officer in a juvenile court
action brought under Section 258 of the Welfare and Institutions
Code.
   (h) For purposes of this section, a plea of nolo contendere or no
contest, or forfeiture of bail, constitutes a conviction.
   (i) Neither the disposition of the criminal action other than by
conviction nor the discretionary refusal of the judge to order
forfeiture upon conviction impairs the right of the department to
commence proceedings to order the forfeiture of fish nets or traps
pursuant to Section 8630.


12157.5.  The judge before whom any person is tried and convicted of
violating Sections 2004 and 2016 and, at the same proceeding, is
also tried and convicted of violating Section 2001 or 2005 may, in
his discretion, order the forfeiture of any motor vehicle or
snowmobile used in committing one or more of the offenses charged.
Any vehicle so forfeited shall be sold or destroyed by the
department. The proceeds from all such sales shall be paid into the
Fish and Game Preservation Fund, except that any valid liens on the
forfeited property shall first be paid from proceeds of the sale
unless the lienholder is a conspirator. For purposes of this section,
forfeiture of bail or a plea of nolo contendere shall constitute a
conviction.



12158.  The sport fishing or hunting license of any person to whom
such 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.
   Any person who obtains another hunting or fishing license during
the period his license has been suspended or revoked is guilty of a
misdemeanor.


12158.5.  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.



12159.  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 shall be seized by the department, and, in
accordance with the commission's regulations, notice of seizure shall
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.


12159.5.  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, as specified by Section 12008,
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.



12160.  All birds, mammals, fish, reptiles, aquaculture animals and
products, plants, or amphibians, or any part thereof, seized in
accordance with Section 12159, the sale of which is not prohibited
and which have a current market value of one hundred dollars ($100)
or more, shall be packed, preserved, sold for bait, used for fish
food in state-owned fish hatcheries, or otherwise put to economical
use immediately upon seizure, at the prevailing market price for
legal birds, mammals, fish, reptiles, aquaculture animals and
products, plants, or amphibians in effect on the date of seizure. Any
proceeds thereof shall be placed in the Fish and Game Preservation
Fund. If the person from whom such birds, mammals, fish, reptiles,
aquaculture animals and products, plants, or amphibians were seized
is not convicted in a court of competent jurisdiction for the offense
out of which the seizure arose, then and in that event the proceeds
shall be returned to that person.



12161.  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 shall 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, or parts thereof, in accordance with the
provisions of Section 12160. However, if the birds, mammals, fish,
reptiles, aquaculture animals and products, plants, or amphibians, or
parts thereof may not be sold lawfully or have a current market
value of less than one hundred dollars ($100), the judge may at his
or her discretion order that they be donated to a state, county,
city, or any charitable institution, or that they be destroyed.



12162.  Any seizure of any birds, mammals, fish, reptiles, or
amphibia or parts thereof made under circumstances wherein it cannot
be determined who took, possessed, sold, imported, or transported
them contrary to law may be sold or donated to a state, county, city,
city and county, or any charitable institution.



12163.  Any person who purchases birds, mammals, fish, reptiles, or
amphibia, or parts thereof, from the department pursuant to the
preceding sections shall, upon delivery to him, pay to the department
for deposit in the Fish and Game Preservation Fund, the prevailing
market price for legal birds, mammals, fish, reptiles, or amphibia in
effect on the date of seizure.



12164.  The court before whom any person has been convicted of
trespassing under Section 602 of the Penal Code shall, in addition to
any other fine or forfeiture imposed, confiscate any bird or mammal
or parts thereof taken while trespassing, and shall dispose of the
bird or mammal or parts thereof to a charitable institution or cause
it to be destroyed if unfit for human consumption.



12165.  When any person licensed as a guide under Section 2536 is
adjudged guilty by a court of competent jurisdiction of violating or
permitting the violation of any provision of this code or regulation
made pursuant thereto, in addition to any fine or other punishment
imposed, the court may revoke his guide license.
   Any person who obtains another guide license within two years
after a guide license issued to him has been revoked or forfeited, is
guilty of a misdemeanor.



12166.  A termination of probation and dismissal of charges pursuant
to Section 1203.4 of the Penal Code or a dismissal of charges
pursuant to Section 1203.4a of the Penal Code 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.


State Codes and Statutes

Statutes > California > Fgc > 12150-12166

FISH AND GAME CODE
SECTION 12150-12166



12150.  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 shall 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. These proceedings shall be conducted in the same manner
as an action to try a misdemeanor and the defendant may request that
all findings of fact shall be made by a jury. The court shall inform
the defendant of the nature of the proceedings and of the defendant'
s right to have a jury.
   If it is found that the defendant did the killing or wounding, but
that it was not intentional or negligent, the court shall dismiss
the proceeding. Otherwise, if it is found that the defendant did the
killing or wounding intentionally, by an act of gross negligence, or
while under the influence of alcohol, the court shall issue an order
permanently prohibiting the defendant from taking any bird or mammal.
   If it is found that the defendant was negligent, but not grossly
negligent, the court shall issue an order prohibiting the defendant
from taking any bird or mammal for a period specified at the
discretion of the court but not less than five years.




12150.5.  Any person whose license has heretofore been revoked
pursuant to Section 12150 may, upon petition, obtain a new trial in
the court which originally revoked his license. Such trial shall be
with a jury if requested as provided in Section 12150, and shall 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 shall be denied. If however, it
was based on a negligent act not amounting to gross negligence the
court may review and redetermine the length of time for which no
license should be issued such person. The court may authorize the
issuance of a license to the person after such time as the court
shall determine to be proper in light of the circumstances.



12150.6.  (a) Any person who has been prohibited from taking any
bird or mammal pursuant to Section 12150 or 12151 shall 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 ten thousand dollars ($10,000) for personal
injury or death of any person, subject to a maximum of twenty
thousand dollars ($20,000) for such injury or the death of two or
more persons in any one accident and at least five thousand dollars
($5,000) for property damage resulting from any one accident.
   (b) Proof of ability to respond in damages may be given by any of
the following:
   (1) The written certificate of any insurance carrier duly
authorized to do business within the state that it has issued to or
for the benefit of the person named a public liability insurance
policy which is, at the date of the certificate, in full force and
effect. The certificate shall certify that the policy therein cited
shall not be canceled except upon 10 days' prior written notice to
the department.
   (2) A bond in the amount of twenty-five thousand dollars ($25,000)
approved by a judge of a court of record. The bond shall be
conditioned for the payment of the amounts specified in this section
and shall provide for the entry of judgment on motion of the state in
favor of any holder of any final judgment on account of damages to
property or injury to any person caused while the licensee is taking
any bird or mammal.


12150.7.  The department shall, upon request, cancel any bond or
shall 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:
   (a) On the filing of an affidavit with the department that the
person will not thereafter engage in the taking of any bird or
mammal.
   (b) In the event of the permanent incapacity of such person to
engage in the taking of any bird or mammal.
   (c) Upon the death of the person on whose behalf such proof was
filed.


12150.8.  Whenever any claim is made against any such person or
judgment is rendered against any such person required to file proof
of ability to respond in damages, such person shall not 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 in Section 12150.6 over and above all
claims made against previously filed proof of ability to respond in
damages.


12151.  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 shall 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 wounding. These proceedings
shall be conducted in the same manner as an action to try a
misdemeanor and the defendant may request that all findings of fact
shall be made by a jury. The court shall inform the defendant of the
nature of the proceedings and of the defendant's right to have a
jury.
   If it is found that the defendant did the killing or wounding but
that it was not intentional or negligent, the court shall dismiss the
proceeding. Otherwise, if it is found that the defendant did the
killing or wounding intentionally or negligently, the court shall
issue an order prohibiting the defendant from taking any bird or
mammal for a period of five years.



12151.5.  Any person who, while hunting, kills or wounds or
witnesses the killing or wounding of any human being, or domestic
animal belonging to another, shall, within 48 hours after the
incident, forward a complete written report to the Department of Fish
and Game, 1416 Ninth Street, Sacramento, California 95814, giving
his full name and address and all facts relating to the incident.



12152.  Whenever a person has been prohibited from taking any bird
or mammal pursuant to Section 12150 or Section 12151, the court in
which the proceeding for such action was had shall report the facts
to the department at its Sacramento headquarters office. The report
shall show the date and place of the occurrence, the name and address
of the person who did the killing or wounding, the name and address
of the person who was killed or wounded or the name and address of
the owner of the animal, as the case may be, and such other
information as the department may require.
   The department shall maintain a record of all orders issued under
Section 12150 and Section 12151. The record shall show the name and
address of the person involved, the date of such action, and the date
of expiration of such order. The department shall periodically
transmit copies of such records to each person authorized to issue a
hunting license and to each district attorney in the State.




12153.  Any commercial fishing license is forfeited for the
violation of any of the provisions of Sections 1050 to 1060,
inclusive, or 2012 of this code, or of any of the provisions of this
code relating to the use of nets.



12154.  (a) Upon a conviction of a violation of Section 12012 or
12013, 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 shall initiate the appeal process within 12 months of the
violator's appeal request. The department may adopt regulations to
implement this subdivision.
   (b) Pursuant to subdivision (c) of Section 12157, a judge may
order the seizure or forfeiture of any device or apparatus, including
a vessel, vehicle, or hunting or fishing gear, that is used in
committing an offense punishable under Section 12012 or 12013.



12155.  Upon the third conviction of any person of a violation of
any provision of this code or regulation adopted pursuant thereto
relating to the taking or possession of birds or mammals, or parts
thereof, in any five-year period, and upon any conviction subsequent
to the three convictions during a five-year period, that person shall
be prohibited from taking any birds or mammals in the state for
three years from the date of the last conviction. The commission
shall revoke the hunting license of the person who is prohibited from
taking birds or mammals in this state, if he or she has one, for the
period of prohibition.
   It shall be unlawful for any person to obtain, or attempt to
obtain, a hunting license during a period of prohibition.



12155.5.  (a) The commission shall adopt regulations and procedures
governing the revocation or suspension of hunting or sport fishing
privileges. The regulations shall provide for notice and opportunity
for a hearing.
   (b) Any person, whose license was revoked pursuant to Section
12154, 12155, or 12156, 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.
   (c) After a public hearing at which the person has appeared in
person, the commission may terminate the prohibition and authorize
the issuance of a license if it finds that there are sufficient
mitigating circumstances to warrant that action.
   (d) 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.
   (e) Any person who violates subdivision (d) 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.


12156.  No person who is licensed or required to be licensed
pursuant to Section 4005 and who is convicted of a violation of any
provision of Article 1 (commencing with Section 4000) of Chapter 2 of
Part 3 of Division 4 or of Section 4150 shall 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. The commission shall revoke
the trapping license of the person who is prohibited from taking
fur-bearing and nongame mammals in the state, if the person has one,
for the period of prohibition.
   No person shall obtain, or attempt to obtain, a trapping license
during a period of prohibition.



12156.5.  (a) The judge before whom any guide, as defined in Section
2535, 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.
   (b) For purposes of this section, a plea of nolo contendere or no
contest or a forfeiture of bail is a conviction.
   (c) It shall be unlawful for any person to obtain, or attempt to
obtain a guide license, sportfishing license, or hunting license
during a period of revocation imposed under this section.
   (d) Neither the disposition of the criminal action other than by
conviction nor the discretionary refusal of the judge to order
revocation upon conviction impairs the right of the department to
commence proceedings to order revocation of the guide license
pursuant to Section 2546.



12157.  (a) Except as provided in subdivision (b), 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.
   (b) The judge shall, if the offense is punishable under Section
12008 of this code or under subdivision (c) of Section 597 of the
Penal Code, order the forfeiture of any device or apparatus that is
used in committing the offense, including, but not limited to, any
vehicle that is used or intended for use in delivering, importing, or
exporting any unlawfully taken, imported, or purchased species.
   (c) (1) The judge may, for conviction of a violation of any of the
following offenses, order forfeiture of any device or apparatus that
is used in committing the offense, including, but not limited to,
any vehicle used or intended for use in committing the offense:
   (A) Section 2000 relating to deer, elk, antelope, feral pigs,
European wild boars, black bears, and brown or cinnamon bears.
   (B) Any offense that involves the sale, purchase, or possession of
abalone for commercial purposes.
   (C) Any offense that involves the sale, purchase, or possession of
sturgeon or lobster, pursuant to Section 7370 or 8254.
   (D) Any offense that involves a violation of Section 12012.
   (E) A violation of subdivision (b) of Section 12013.
   (2) In considering an order of forfeiture under this subdivision,
the court shall take into consideration the nature, circumstances,
extent, and gravity of the prohibited act committed, the degree of
culpability of the violator, the property proposed for forfeiture,
and other criminal or civil penalties imposed on the violator under
other provisions of law for that offense. The court shall impose
lesser forfeiture penalties under this subdivision for those acts
that have little significant effect upon natural resources or the
property of another and greater forfeiture penalties for those acts
that may cause serious injury to natural resources or the property of
another, as determined by the court. In determining whether or not
to order forfeiture of a vehicle, the court shall, in addition to any
other relevant factor, consider whether the defendant is the owner
of the vehicle and whether the owner of the vehicle had knowledge of
the violation.
   (3) It is the intent of the Legislature that forfeiture not be
ordered pursuant to this subdivision for minor or inadvertent
violations, as determined by the court.
   (d) A judge shall not order the forfeiture of a vehicle under this
section if there is a community property interest in the vehicle
that is owned by a person other than the defendant and the vehicle is
the only vehicle available to the defendant's immediate family that
may be operated on the highway with a class A, class B, or class C
driver's license.
   (e) Any device or apparatus ordered forfeited shall be sold, used,
or destroyed by the department.
   (f) (1) The proceeds from all sales under this section, after
payment of any valid liens on the forfeited property, shall be paid
into the Fish and Game Preservation Fund.
   (2) A lien in which the lienholder is a conspirator is not a valid
lien for purposes of this subdivision.
   (g) The provisions in this section authorizing or requiring a
judge to order the forfeiture of a device or apparatus also apply to
the judge, referee, or juvenile hearing officer in a juvenile court
action brought under Section 258 of the Welfare and Institutions
Code.
   (h) For purposes of this section, a plea of nolo contendere or no
contest, or forfeiture of bail, constitutes a conviction.
   (i) Neither the disposition of the criminal action other than by
conviction nor the discretionary refusal of the judge to order
forfeiture upon conviction impairs the right of the department to
commence proceedings to order the forfeiture of fish nets or traps
pursuant to Section 8630.


12157.5.  The judge before whom any person is tried and convicted of
violating Sections 2004 and 2016 and, at the same proceeding, is
also tried and convicted of violating Section 2001 or 2005 may, in
his discretion, order the forfeiture of any motor vehicle or
snowmobile used in committing one or more of the offenses charged.
Any vehicle so forfeited shall be sold or destroyed by the
department. The proceeds from all such sales shall be paid into the
Fish and Game Preservation Fund, except that any valid liens on the
forfeited property shall first be paid from proceeds of the sale
unless the lienholder is a conspirator. For purposes of this section,
forfeiture of bail or a plea of nolo contendere shall constitute a
conviction.



12158.  The sport fishing or hunting license of any person to whom
such 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.
   Any person who obtains another hunting or fishing license during
the period his license has been suspended or revoked is guilty of a
misdemeanor.


12158.5.  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.



12159.  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 shall be seized by the department, and, in
accordance with the commission's regulations, notice of seizure shall
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.


12159.5.  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, as specified by Section 12008,
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.



12160.  All birds, mammals, fish, reptiles, aquaculture animals and
products, plants, or amphibians, or any part thereof, seized in
accordance with Section 12159, the sale of which is not prohibited
and which have a current market value of one hundred dollars ($100)
or more, shall be packed, preserved, sold for bait, used for fish
food in state-owned fish hatcheries, or otherwise put to economical
use immediately upon seizure, at the prevailing market price for
legal birds, mammals, fish, reptiles, aquaculture animals and
products, plants, or amphibians in effect on the date of seizure. Any
proceeds thereof shall be placed in the Fish and Game Preservation
Fund. If the person from whom such birds, mammals, fish, reptiles,
aquaculture animals and products, plants, or amphibians were seized
is not convicted in a court of competent jurisdiction for the offense
out of which the seizure arose, then and in that event the proceeds
shall be returned to that person.



12161.  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 shall 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, or parts thereof, in accordance with the
provisions of Section 12160. However, if the birds, mammals, fish,
reptiles, aquaculture animals and products, plants, or amphibians, or
parts thereof may not be sold lawfully or have a current market
value of less than one hundred dollars ($100), the judge may at his
or her discretion order that they be donated to a state, county,
city, or any charitable institution, or that they be destroyed.



12162.  Any seizure of any birds, mammals, fish, reptiles, or
amphibia or parts thereof made under circumstances wherein it cannot
be determined who took, possessed, sold, imported, or transported
them contrary to law may be sold or donated to a state, county, city,
city and county, or any charitable institution.



12163.  Any person who purchases birds, mammals, fish, reptiles, or
amphibia, or parts thereof, from the department pursuant to the
preceding sections shall, upon delivery to him, pay to the department
for deposit in the Fish and Game Preservation Fund, the prevailing
market price for legal birds, mammals, fish, reptiles, or amphibia in
effect on the date of seizure.



12164.  The court before whom any person has been convicted of
trespassing under Section 602 of the Penal Code shall, in addition to
any other fine or forfeiture imposed, confiscate any bird or mammal
or parts thereof taken while trespassing, and shall dispose of the
bird or mammal or parts thereof to a charitable institution or cause
it to be destroyed if unfit for human consumption.



12165.  When any person licensed as a guide under Section 2536 is
adjudged guilty by a court of competent jurisdiction of violating or
permitting the violation of any provision of this code or regulation
made pursuant thereto, in addition to any fine or other punishment
imposed, the court may revoke his guide license.
   Any person who obtains another guide license within two years
after a guide license issued to him has been revoked or forfeited, is
guilty of a misdemeanor.



12166.  A termination of probation and dismissal of charges pursuant
to Section 1203.4 of the Penal Code or a dismissal of charges
pursuant to Section 1203.4a of the Penal Code 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.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Fgc > 12150-12166

FISH AND GAME CODE
SECTION 12150-12166



12150.  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 shall 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. These proceedings shall be conducted in the same manner
as an action to try a misdemeanor and the defendant may request that
all findings of fact shall be made by a jury. The court shall inform
the defendant of the nature of the proceedings and of the defendant'
s right to have a jury.
   If it is found that the defendant did the killing or wounding, but
that it was not intentional or negligent, the court shall dismiss
the proceeding. Otherwise, if it is found that the defendant did the
killing or wounding intentionally, by an act of gross negligence, or
while under the influence of alcohol, the court shall issue an order
permanently prohibiting the defendant from taking any bird or mammal.
   If it is found that the defendant was negligent, but not grossly
negligent, the court shall issue an order prohibiting the defendant
from taking any bird or mammal for a period specified at the
discretion of the court but not less than five years.




12150.5.  Any person whose license has heretofore been revoked
pursuant to Section 12150 may, upon petition, obtain a new trial in
the court which originally revoked his license. Such trial shall be
with a jury if requested as provided in Section 12150, and shall 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 shall be denied. If however, it
was based on a negligent act not amounting to gross negligence the
court may review and redetermine the length of time for which no
license should be issued such person. The court may authorize the
issuance of a license to the person after such time as the court
shall determine to be proper in light of the circumstances.



12150.6.  (a) Any person who has been prohibited from taking any
bird or mammal pursuant to Section 12150 or 12151 shall 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 ten thousand dollars ($10,000) for personal
injury or death of any person, subject to a maximum of twenty
thousand dollars ($20,000) for such injury or the death of two or
more persons in any one accident and at least five thousand dollars
($5,000) for property damage resulting from any one accident.
   (b) Proof of ability to respond in damages may be given by any of
the following:
   (1) The written certificate of any insurance carrier duly
authorized to do business within the state that it has issued to or
for the benefit of the person named a public liability insurance
policy which is, at the date of the certificate, in full force and
effect. The certificate shall certify that the policy therein cited
shall not be canceled except upon 10 days' prior written notice to
the department.
   (2) A bond in the amount of twenty-five thousand dollars ($25,000)
approved by a judge of a court of record. The bond shall be
conditioned for the payment of the amounts specified in this section
and shall provide for the entry of judgment on motion of the state in
favor of any holder of any final judgment on account of damages to
property or injury to any person caused while the licensee is taking
any bird or mammal.


12150.7.  The department shall, upon request, cancel any bond or
shall 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:
   (a) On the filing of an affidavit with the department that the
person will not thereafter engage in the taking of any bird or
mammal.
   (b) In the event of the permanent incapacity of such person to
engage in the taking of any bird or mammal.
   (c) Upon the death of the person on whose behalf such proof was
filed.


12150.8.  Whenever any claim is made against any such person or
judgment is rendered against any such person required to file proof
of ability to respond in damages, such person shall not 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 in Section 12150.6 over and above all
claims made against previously filed proof of ability to respond in
damages.


12151.  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 shall 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 wounding. These proceedings
shall be conducted in the same manner as an action to try a
misdemeanor and the defendant may request that all findings of fact
shall be made by a jury. The court shall inform the defendant of the
nature of the proceedings and of the defendant's right to have a
jury.
   If it is found that the defendant did the killing or wounding but
that it was not intentional or negligent, the court shall dismiss the
proceeding. Otherwise, if it is found that the defendant did the
killing or wounding intentionally or negligently, the court shall
issue an order prohibiting the defendant from taking any bird or
mammal for a period of five years.



12151.5.  Any person who, while hunting, kills or wounds or
witnesses the killing or wounding of any human being, or domestic
animal belonging to another, shall, within 48 hours after the
incident, forward a complete written report to the Department of Fish
and Game, 1416 Ninth Street, Sacramento, California 95814, giving
his full name and address and all facts relating to the incident.



12152.  Whenever a person has been prohibited from taking any bird
or mammal pursuant to Section 12150 or Section 12151, the court in
which the proceeding for such action was had shall report the facts
to the department at its Sacramento headquarters office. The report
shall show the date and place of the occurrence, the name and address
of the person who did the killing or wounding, the name and address
of the person who was killed or wounded or the name and address of
the owner of the animal, as the case may be, and such other
information as the department may require.
   The department shall maintain a record of all orders issued under
Section 12150 and Section 12151. The record shall show the name and
address of the person involved, the date of such action, and the date
of expiration of such order. The department shall periodically
transmit copies of such records to each person authorized to issue a
hunting license and to each district attorney in the State.




12153.  Any commercial fishing license is forfeited for the
violation of any of the provisions of Sections 1050 to 1060,
inclusive, or 2012 of this code, or of any of the provisions of this
code relating to the use of nets.



12154.  (a) Upon a conviction of a violation of Section 12012 or
12013, 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 shall initiate the appeal process within 12 months of the
violator's appeal request. The department may adopt regulations to
implement this subdivision.
   (b) Pursuant to subdivision (c) of Section 12157, a judge may
order the seizure or forfeiture of any device or apparatus, including
a vessel, vehicle, or hunting or fishing gear, that is used in
committing an offense punishable under Section 12012 or 12013.



12155.  Upon the third conviction of any person of a violation of
any provision of this code or regulation adopted pursuant thereto
relating to the taking or possession of birds or mammals, or parts
thereof, in any five-year period, and upon any conviction subsequent
to the three convictions during a five-year period, that person shall
be prohibited from taking any birds or mammals in the state for
three years from the date of the last conviction. The commission
shall revoke the hunting license of the person who is prohibited from
taking birds or mammals in this state, if he or she has one, for the
period of prohibition.
   It shall be unlawful for any person to obtain, or attempt to
obtain, a hunting license during a period of prohibition.



12155.5.  (a) The commission shall adopt regulations and procedures
governing the revocation or suspension of hunting or sport fishing
privileges. The regulations shall provide for notice and opportunity
for a hearing.
   (b) Any person, whose license was revoked pursuant to Section
12154, 12155, or 12156, 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.
   (c) After a public hearing at which the person has appeared in
person, the commission may terminate the prohibition and authorize
the issuance of a license if it finds that there are sufficient
mitigating circumstances to warrant that action.
   (d) 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.
   (e) Any person who violates subdivision (d) 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.


12156.  No person who is licensed or required to be licensed
pursuant to Section 4005 and who is convicted of a violation of any
provision of Article 1 (commencing with Section 4000) of Chapter 2 of
Part 3 of Division 4 or of Section 4150 shall 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. The commission shall revoke
the trapping license of the person who is prohibited from taking
fur-bearing and nongame mammals in the state, if the person has one,
for the period of prohibition.
   No person shall obtain, or attempt to obtain, a trapping license
during a period of prohibition.



12156.5.  (a) The judge before whom any guide, as defined in Section
2535, 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.
   (b) For purposes of this section, a plea of nolo contendere or no
contest or a forfeiture of bail is a conviction.
   (c) It shall be unlawful for any person to obtain, or attempt to
obtain a guide license, sportfishing license, or hunting license
during a period of revocation imposed under this section.
   (d) Neither the disposition of the criminal action other than by
conviction nor the discretionary refusal of the judge to order
revocation upon conviction impairs the right of the department to
commence proceedings to order revocation of the guide license
pursuant to Section 2546.



12157.  (a) Except as provided in subdivision (b), 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.
   (b) The judge shall, if the offense is punishable under Section
12008 of this code or under subdivision (c) of Section 597 of the
Penal Code, order the forfeiture of any device or apparatus that is
used in committing the offense, including, but not limited to, any
vehicle that is used or intended for use in delivering, importing, or
exporting any unlawfully taken, imported, or purchased species.
   (c) (1) The judge may, for conviction of a violation of any of the
following offenses, order forfeiture of any device or apparatus that
is used in committing the offense, including, but not limited to,
any vehicle used or intended for use in committing the offense:
   (A) Section 2000 relating to deer, elk, antelope, feral pigs,
European wild boars, black bears, and brown or cinnamon bears.
   (B) Any offense that involves the sale, purchase, or possession of
abalone for commercial purposes.
   (C) Any offense that involves the sale, purchase, or possession of
sturgeon or lobster, pursuant to Section 7370 or 8254.
   (D) Any offense that involves a violation of Section 12012.
   (E) A violation of subdivision (b) of Section 12013.
   (2) In considering an order of forfeiture under this subdivision,
the court shall take into consideration the nature, circumstances,
extent, and gravity of the prohibited act committed, the degree of
culpability of the violator, the property proposed for forfeiture,
and other criminal or civil penalties imposed on the violator under
other provisions of law for that offense. The court shall impose
lesser forfeiture penalties under this subdivision for those acts
that have little significant effect upon natural resources or the
property of another and greater forfeiture penalties for those acts
that may cause serious injury to natural resources or the property of
another, as determined by the court. In determining whether or not
to order forfeiture of a vehicle, the court shall, in addition to any
other relevant factor, consider whether the defendant is the owner
of the vehicle and whether the owner of the vehicle had knowledge of
the violation.
   (3) It is the intent of the Legislature that forfeiture not be
ordered pursuant to this subdivision for minor or inadvertent
violations, as determined by the court.
   (d) A judge shall not order the forfeiture of a vehicle under this
section if there is a community property interest in the vehicle
that is owned by a person other than the defendant and the vehicle is
the only vehicle available to the defendant's immediate family that
may be operated on the highway with a class A, class B, or class C
driver's license.
   (e) Any device or apparatus ordered forfeited shall be sold, used,
or destroyed by the department.
   (f) (1) The proceeds from all sales under this section, after
payment of any valid liens on the forfeited property, shall be paid
into the Fish and Game Preservation Fund.
   (2) A lien in which the lienholder is a conspirator is not a valid
lien for purposes of this subdivision.
   (g) The provisions in this section authorizing or requiring a
judge to order the forfeiture of a device or apparatus also apply to
the judge, referee, or juvenile hearing officer in a juvenile court
action brought under Section 258 of the Welfare and Institutions
Code.
   (h) For purposes of this section, a plea of nolo contendere or no
contest, or forfeiture of bail, constitutes a conviction.
   (i) Neither the disposition of the criminal action other than by
conviction nor the discretionary refusal of the judge to order
forfeiture upon conviction impairs the right of the department to
commence proceedings to order the forfeiture of fish nets or traps
pursuant to Section 8630.


12157.5.  The judge before whom any person is tried and convicted of
violating Sections 2004 and 2016 and, at the same proceeding, is
also tried and convicted of violating Section 2001 or 2005 may, in
his discretion, order the forfeiture of any motor vehicle or
snowmobile used in committing one or more of the offenses charged.
Any vehicle so forfeited shall be sold or destroyed by the
department. The proceeds from all such sales shall be paid into the
Fish and Game Preservation Fund, except that any valid liens on the
forfeited property shall first be paid from proceeds of the sale
unless the lienholder is a conspirator. For purposes of this section,
forfeiture of bail or a plea of nolo contendere shall constitute a
conviction.



12158.  The sport fishing or hunting license of any person to whom
such 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.
   Any person who obtains another hunting or fishing license during
the period his license has been suspended or revoked is guilty of a
misdemeanor.


12158.5.  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.



12159.  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 shall be seized by the department, and, in
accordance with the commission's regulations, notice of seizure shall
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.


12159.5.  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, as specified by Section 12008,
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.



12160.  All birds, mammals, fish, reptiles, aquaculture animals and
products, plants, or amphibians, or any part thereof, seized in
accordance with Section 12159, the sale of which is not prohibited
and which have a current market value of one hundred dollars ($100)
or more, shall be packed, preserved, sold for bait, used for fish
food in state-owned fish hatcheries, or otherwise put to economical
use immediately upon seizure, at the prevailing market price for
legal birds, mammals, fish, reptiles, aquaculture animals and
products, plants, or amphibians in effect on the date of seizure. Any
proceeds thereof shall be placed in the Fish and Game Preservation
Fund. If the person from whom such birds, mammals, fish, reptiles,
aquaculture animals and products, plants, or amphibians were seized
is not convicted in a court of competent jurisdiction for the offense
out of which the seizure arose, then and in that event the proceeds
shall be returned to that person.



12161.  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 shall 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, or parts thereof, in accordance with the
provisions of Section 12160. However, if the birds, mammals, fish,
reptiles, aquaculture animals and products, plants, or amphibians, or
parts thereof may not be sold lawfully or have a current market
value of less than one hundred dollars ($100), the judge may at his
or her discretion order that they be donated to a state, county,
city, or any charitable institution, or that they be destroyed.



12162.  Any seizure of any birds, mammals, fish, reptiles, or
amphibia or parts thereof made under circumstances wherein it cannot
be determined who took, possessed, sold, imported, or transported
them contrary to law may be sold or donated to a state, county, city,
city and county, or any charitable institution.



12163.  Any person who purchases birds, mammals, fish, reptiles, or
amphibia, or parts thereof, from the department pursuant to the
preceding sections shall, upon delivery to him, pay to the department
for deposit in the Fish and Game Preservation Fund, the prevailing
market price for legal birds, mammals, fish, reptiles, or amphibia in
effect on the date of seizure.



12164.  The court before whom any person has been convicted of
trespassing under Section 602 of the Penal Code shall, in addition to
any other fine or forfeiture imposed, confiscate any bird or mammal
or parts thereof taken while trespassing, and shall dispose of the
bird or mammal or parts thereof to a charitable institution or cause
it to be destroyed if unfit for human consumption.



12165.  When any person licensed as a guide under Section 2536 is
adjudged guilty by a court of competent jurisdiction of violating or
permitting the violation of any provision of this code or regulation
made pursuant thereto, in addition to any fine or other punishment
imposed, the court may revoke his guide license.
   Any person who obtains another guide license within two years
after a guide license issued to him has been revoked or forfeited, is
guilty of a misdemeanor.



12166.  A termination of probation and dismissal of charges pursuant
to Section 1203.4 of the Penal Code or a dismissal of charges
pursuant to Section 1203.4a of the Penal Code 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.