Amended in Senate May 2, 2013

Senate BillNo. 392


Introduced by Senator Berryhill

February 20, 2013


An act to amendbegin delete Sections 19, 3080, and 12000end deletebegin insert Section 3080end insert of the Fish and Game Code, relating to fish and wildlife resources.

LEGISLATIVE COUNSEL’S DIGEST

SB 392, as amended, Berryhill. Fish and Game Code:begin delete violations.end deletebegin insert possession limit.end insert

begin delete

(1) Existing

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begin insertExistingend insert 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.

begin delete

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.”

end delete
begin delete

(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.

end delete
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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.

end delete
begin insert

This bill would require the commission, on or before January 1, 2015, to recommend legislation or adopt regulations to clarify when a possession limit is not violated by processing into food lawfully taken game birds and waterfowl.

end insert

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

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

begin deleteP2    1

SECTION 1.  

Section 19 of the Fish and Game Code is amended
2to read:

3

19.  

“Possession limit” means the maximum, in number or
4amount, of birds, mammals, fish, reptiles, or amphibians that may
5be lawfully possessed by any one person.

end delete
6

begin deleteSEC. 2.end delete
7begin insertSECTION 1.end insert  

Section 3080 of the Fish and Game Code is
8amended to read:

9

3080.  

(a) For the purposes of this section, “donor intermediary”
10means a recipient who receives game birds or mammals from a
11donor to give to a charitable organization or charitable entity. A
12donor intermediary possessing game birds or mammals during a
13period other than the open season shall have the documentation
14described in paragraph (2) or (3) of subdivision (b). There is no
15required format for the documentation. Any written documentation
16containing the required information shall be deemed to comply
17with this section.

18(b) The possession limit of any game bird or mammal may be
19possessed during a period other than the open season if one of the
20following conditions apply:

21(1) The person has in his or her possession a hunting license
22and validated tag or tags for the species possessed, or copies of
23the license and tag or tags. The license and tag or tags shall have
24been issued to that person for the current or immediate past license
25year.

P3    1(2) The person received the game bird or mammal from a person
2described in paragraph (1), and the recipient has a photocopy of
3the donor’s hunting license and the applicable validated tag or tags
4that has been signed and dated by the donor confirming the
5donation. The photocopied license and tag or tags shall be from
6the current or immediate past license year.

7(3) The person received the game bird or mammal from a person
8described in paragraph (1), and the recipient has a signed and dated
9document confirming the donation that includes the donor’s name,
10address, hunting license number, and applicable tag numbers for
11the species possessed. The license and tag or tags shall be for the
12current or immediate past license year.

13(c) The documentation required by subdivision (b) shall be made
14available to the department as described in Section 2012. Charitable
15organizations or charitable entities receiving and distributing game
16birds or mammals for charitable or humane purposes, shall maintain
17the documentation described in paragraph (2) or (3) of subdivision
18(b) for one year from the date of disposal.

19(d) This section does not authorize the possession of game birds
20or carcasses or parts of a game bird or carcass contrary to
21regulations issued pursuant to the federal Migratory Bird Treaty
22Act (16 U.S.C. Sec. 703 et seq.).

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23(e) A possession limit established for game birds shall not apply
24to a game bird processed for immediate consumption while located
25at a personal abode or migratory bird preservation facility. The
26commission shall adopt regulations defining the term “processed
27for immediate consumption.”

end delete
begin insert

28(e) On or before January 1, 2015, the commission shall
29recommend legislation or adopt regulations to clarify when a
30possession limit is not violated by processing into food lawfully
31taken game birds and waterfowl.

end insert
begin delete
32

SEC. 3.  

Section 12000 of the Fish and Game Code is amended
33to read:

34

12000.  

(a) Except as expressly provided otherwise in this code,
35any violation of this code, or of any rule, regulation, or order made
36or adopted under this code, is a misdemeanor.

37(b) Notwithstanding subdivision (a), any person who violates
38any of the following statutes or regulations is guilty of an infraction
39punishable by a fine of not less than one hundred dollars ($100)
P4    1and not to exceed one thousand dollars ($1,000), or of a
2misdemeanor:

3(1) Section 2009.

4(2) Subdivision (a) of Section 6596.

5(3) Section 7149.8.

6(4) Section 7360.

7(5) Sections 1.14, 1.17, 1.18, 1.62, 1.63, and 1.74 of Title 14 of
8the California Code of Regulations.

9(6) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive,
10of Title 14 of the California Code of Regulations.

11(7) Sections 27.56 to 30.10, inclusive, of Title 14 of the
12California Code of Regulations.

13(8) Sections 40 to 43, inclusive, of Title 14 of the California
14Code of Regulations.

15(9) Sections 307, 308, and 311 to 313, inclusive, of Title 14 of
16the California Code of Regulations.

17(10) Sections 505, 507 to 510, inclusive, and 550 to 553,
18inclusive, of Title 14 of the California Code of Regulations.

19(11) Sections 630 to 630.5, inclusive, of Title 14 of the
20California Code of Regulations.

21(c) Notwithstanding subdivision (a), a judge may reduce a
22misdemeanor violation to an infraction if the department
23recommends that the violation be prosecuted as an infraction.

end delete


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