BILL NUMBER: SB 392 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 2, 2013
INTRODUCED BY Senator Berryhill
FEBRUARY 20, 2013
An act to amend Sections 19, 3080, and 12000
Section 3080 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:
violations. possession limit.
(1) Existing
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.
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.
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 any one person.
SEC. 2. SECTION 1. 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 of the
license and tag or tags. 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) This section does not authorize the possession of game birds
or carcasses or parts of a game bird or carcass contrary to
regulations issued pursuant to the federal Migratory Bird Treaty Act
(16 U.S.C. Sec. 703 et seq.).
(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."
(e) On or before January 1, 2015, the commission shall recommend
legislation or adopt regulations to clarify when a possession limit
is not violated by processing into food lawfully taken game birds and
waterfowl.
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.
(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.