Senate Bill No. 392

Introduced by Senator Berryhill

February 20, 2013

An act to amend Sections 19, 3080, and 12000 of the Fish and Game Code, relating to fish and wildlife resources.

LEGISLATIVE COUNSEL’S DIGEST

SB 392, as introduced, Berryhill. Fish and Game Code: violations.

(1) Existing law makes it unlawful to take, among other animals, mammals and birds outside of established seasons or to exceed any bag limit or possession limit established in the Fish and Game Code or by regulations adopted by the Fish and Game Commission. However, existing law authorizes possession of a game bird or mammal during a period other than the open season if the person possesses a hunting license and tag or tags issued to that person for the current or immediate past license year or the person receives the game bird or mammal from that licensee and has specific documentation that the recipient is a donor intermediary, as defined.

This bill would exempt from any possession limit established for a game bird, a game bird processed for immediate consumption while located at a personal abode or migratory bird preservation facility. The bill would also require the Fish and Game Commission to adopt regulations to define “processed for immediate consumption.”

(2) The Fish and Game Code provides that, except as expressly provided otherwise in that code, any violation of that code, or of any rule, regulation, or order made or adopted under that code, is a misdemeanor.

This bill would authorize a judge to reduce a misdemeanor violation to an infraction if the Department of Fish and Wildlife recommends that the violation be prosecuted as an infraction.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 19 of the Fish and Game Code is amended
to read:

19.  

“Possession limit” means the maximum, in number or
amount, of birds, mammals, fish, reptiles, or amphibians that may
be lawfully possessed by begin insert any end insert one person.

SEC. 2.  

Section 3080 of the Fish and Game Code is amended
to read:

3080.  

(a) For the purposes of this section, “donor intermediary”
means a recipient who receives game birds or mammals from a
donor to give to a charitable organization or charitable entity. A
donor intermediary possessing game birds or mammals during a
period other than the open season shall have the documentation
described in paragraph (2) or (3) of subdivision (b). There is no
required format for the documentation. Any written documentation
containing the required information shall be deemed to comply
with this section.

(b) The possession limit of any game bird or mammal may be
possessed during a period other than the open season if one of the
following conditions apply:

(1) The person has in his or her possession a hunting license
and validated tag or tags for the species possessed, or copies begin delete thereof end delete
begin insert of the license and tag or tags end insert . The license and tag or tags shall
have been issued to that person for the current or immediate past
license year.

(2) The person received the game bird or mammal from a person
described in paragraph (1), and the recipient has a photocopy of
the donor’s hunting license and the applicable validated tag or tags
that has been signed and dated by the donor confirming the
donation. The photocopied license and tag or tags shall be from
the current or immediate past license year.

(3) The person received the game bird or mammal from a person
described in paragraph (1), and the recipient has a signed and dated
document confirming the donation that includes the donor’s name,
address, hunting license number, and applicable tag numbers for
the species possessed. The license and tag or tags shall be for the
current or immediate past license year.

(c) The documentation required by subdivision (b) shall be made
available to the department as described in Section 2012. Charitable
organizations or charitable entities receiving and distributing game
birds or mammals for charitable or humane purposes, shall maintain
the documentation described in paragraph (2) or (3) of subdivision
(b) for one year from the date of disposal.

(d)  begin delete Nothing in this end delete begin insert This end insert section begin delete authorizes end delete begin insert does not authorize end insert
the possession of game birds or carcasses or parts begin delete thereof end delete begin insert of a
game bird or carcass end insert contrary to regulations issued pursuant to
the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et seq.).

begin insert

(e) A possession limit established for game birds shall not apply
to a game bird processed for immediate consumption while located
at a personal abode or migratory bird preservation facility. The
commission shall adopt regulations defining the term “processed
for immediate consumption.”

end insert

SEC. 3.  

Section 12000 of the Fish and Game Code is amended
to read:

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 one hundred dollars ($100)
and not to exceed one thousand dollars ($1,000), or of a
misdemeanor:

(1) Section 2009.

(2) Subdivision (a) of Section 6596.

(3) Section 7149.8.

(4) Section 7360.

(5) Sections 1.14, 1.17, 1.18, 1.62, 1.63, and 1.74 of Title 14 of
the California Code of Regulations.

(6) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive,
of Title 14 of the California Code of Regulations.

(7) Sections 27.56 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 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.

(11) Sections 630 to 630.5, inclusive, of Title 14 of the
California Code of Regulations.

begin insert

(c) Notwithstanding subdivision (a), a judge may reduce a
misdemeanor violation to an infraction if the department
recommends that the violation be prosecuted as an infraction.

end insert