DIVISION 9. FINES AND PENALTIES [12000. - 12300.]

Division 9 enacted by Stats. 1957, Ch. 456.

§§ 12000–12300 · 79 sections

1. CHAPTER 1. General Provisions §§ 12000–12029 · 51 sections

   • § 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…
   • § 12001 Any person who takes any bird or mammal in violation of an order issued pursuant to Section 12150 of this code, is guilty of a felony.
   • § 12001.5 (a) In addition to any other penalty or fine imposed pursuant to this code, if a person has been convicted of one or more offenses that was a violation of a…
   • § 12002 (a) Unless otherwise provided, the punishment for a violation of this code that is a misdemeanor is a fine of not more than one thousand dollars ($1,000),…
   • § 12002.1 (a) Notwithstanding Section 12002, the punishment for taking a mammal or bird for which a hunting license issued pursuant to Section 3031 is required or a tag,…
   • § 12002.2 (a) Notwithstanding any other provision of law, a violation of Section 7145 or of a regulation requiring a license to be displayed is an infraction, punishable…
   • § 12002.2.1 (a) Notwithstanding any other provision of law, a violation of any of the following is an infraction, punishable by a fine of not less than fifty dollars…
   • § 12002.3 (a) Notwithstanding any other provision of law, a violation of Section 7121 for the sale, purchase, or receipt of fish taken by a person required to be…
   • § 12002.4 (a) In addition to any other applicable penalty, the commercial boat registration of a commercial passenger fishing boat may be revoked or suspended by the…
   • § 12002.5 (a) Notwithstanding subdivision (a) of Section 12002, a violation of Section 1764 is an infraction, not a misdemeanor, punishable by a fine of not less than…
   • § 12002.6 (a) In addition to any other applicable penalty, a commercial boat registration may be revoked or suspended by the commission, when requested by the…
   • § 12002.7 Notwithstanding Sections 12000, 12001, and 12002, the commercial fishing license of the master of a vessel may be revoked or suspended by the commission, when…
   • § 12002.8 (a) The court shall order the department to permanently revoke and the department shall permanently revoke, the commercial fishing license and any commercial…
   • § 12002.9 In addition to any other penalty prescribed in this code, the license issued pursuant to Sections 8032 to 8036, inclusive, to a person who is convicted of a…
   • § 12002.10 (a) When a complaint has been filed in a court of competent jurisdiction charging a person with a violation that may result in suspension or revocation of any…
   • § 12002.11 Upon the second conviction of any person of a violation of Section 3087 or any regulation adopted pursuant thereto, in any five-year period, and upon any…
   • § 12003 Notwithstanding Section 12002, a second or subsequent violation of Section 8670 is punishable by a fine of not less than two thousand dollars ($2,000) nor more…
   • § 12003.1 (a) Unless a minimum punishment is otherwise provided, the punishment for the knowing and intentional taking of a mammal, bird, or fish in excess of the…
   • § 12003.2 Notwithstanding Section 12002 or 12008, the punishment for any violation of Section 4500 or 4700 is a fine of not more than twenty-five thousand dollars…
   • § 12003.5 (a) The penalty for a first violation of Section 8610.3 or 8610.4 is a fine of not less than one thousand dollars ($1,000) and not more than five thousand…
   • § 12004 (a) The punishment for a first conviction of a violation of Section 8685.5, 8685.6, 8685.7, or 8688 is a fine of not more than five thousand dollars ($5,000),…
   • § 12005 (a) Notwithstanding Section 12000, and except as otherwise provided in subdivision (c), the punishment for each violation of Section 4758 shall include both of…
   • § 12005.5 Notwithstanding Sections 12000 and 12002, a violation of Section 3003.1 or 3003.2, or any rule or regulation adopted pursuant thereto, is punishable by a fine…
   • § 12006 (a) Notwithstanding Section 12002: (1) The punishment for a violation of Section 7370 is a fine of not less than five thousand dollars ($5,000), or more than…
   • § 12006.6 Notwithstanding Section 12000 or 12002.8, and in addition to Section 12009, and notwithstanding the type of fishing license or permit held, if any person is…
   • § 12007 Notwithstanding Section 12002, the punishment for (1) a second or subsequent violation of Section 1602 or 1605 on the same project or streambed alteration…
   • § 12008 Except as otherwise provided in Section 597 of the Penal Code, the punishment for a violation of any of the following provisions is a fine of not more than…
   • § 12008.1 (a) Notwithstanding subdivision (a) of Section 12002 or Section 12008, the punishment for any violation of Section 2080 or 2085 is a fine of not less than…
   • § 12008.5 Notwithstanding Section 12000, the punishment for taking any bighorn sheep in violation of Chapter 11 (commencing with Section 4900) of Part 3 of Division 4,…
   • § 12009 (a) Notwithstanding Section 12000, and except as provided in Section 12006.6, the punishment for a violation of any provision of Section 5521 or 5521.5, or any…
   • § 12010 Notwithstanding Section 12002, the maximum punishment for each violation of Section 3503.5 relating to a bird-of-prey that is either designated as endangered,…
   • § 12011 (a) In addition to the penalty provided in paragraph (4) of subdivision (b) of Section 12002, any person convicted of a violation of subdivision (a) of Section…
   • § 12012 (a) A person who illegally takes, possesses, imports, exports, sells, purchases, barters, trades, or exchanges a bird, fish, mammal, reptile, amphibian, or…
   • § 12012.5 (a) Notwithstanding Section 12000 or any other provision of this code, a person who holds a commercial fishing license issued pursuant to Article 3 (commencing…
   • § 12013 (a) Any person who illegally takes or possesses in the field more than three times the daily bag limit, or who illegally possesses more than three times the…
   • § 12013.3 (a) Notwithstanding Section 12002, 12003.2, 12008, or 12008.5, the punishment for a person who knowingly violated and has been convicted of the following…
   • § 12013.5 (a) In addition to any other penalties provided in this code, any person convicted of violating this code or any regulation adopted pursuant thereto while…
   • § 12014 After the expiration of the time period to appeal an administrative penalty imposed pursuant to Section 2301, 2302, 2582, or 2583, or any other provision of…
   • § 12015 (a) It is the intent of the Legislature that expeditious cleanup is the primary interest of the people of the State of California in order to protect the…
   • § 12016 (a) In addition to any other provision of law, any person who discharges or deposits any substance or material deleterious to fish, plant, bird, or animal life…
   • § 12017 (a) Notwithstanding subdivision (a) of Section 13001, any recovery or settlement of money received pursuant to the following sections shall be deposited in the…
   • § 12020 Any person who is charged with a violation of this code or a regulation adopted pursuant to this code, who willfully violates their written promise to appear…
   • § 12021 (a) In addition to any assessment, fine, penalty, or forfeiture imposed pursuant to any other provision of law, an additional penalty of fifteen dollars ($15)…
   • § 12023 (a) Notwithstanding Section 12002 and 12007, any person who violates Section 6400 through the use of an aquatic nuisance species, as defined in Section 6431,…
   • § 12024 (a) In addition to Section 12023, a person who violates Section 6400 through the use of an aquatic nuisance species is liable for all public and private…
   • § 12025 (a) In addition to any penalties imposed by any other law, a person found to have violated the code sections described in paragraphs (1) to (11), inclusive, in…
   • § 12025.1 (a) In addition to any penalties imposed by any other law, a person found to have violated Section 5901 shall be liable for a civil penalty of not more than…
   • § 12025.2 The director or his or her designee may issue a complaint to any person or entity in accordance with Section 1055 of the Water Code alleging a violation for…
   • § 12026 Any person whom the department determines has provided evidence or information leading to the arrest and conviction of a person or persons found guilty of…
   • § 12028 The Legislature finds and declares that: (a) Poaching violations and other violations of the Fish and Game Code have been increasing, and these violations have…
   • § 12029 (a) The Legislature finds and declares all of the following: (1) The environmental impacts associated with cannabis cultivation have increased, and unlawful…
2. CHAPTER 2. Forfeitures, Revocation, and Seizures §§ 12150–12166 · 27 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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,…
   • § 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,…
   • § 12151.5 A person who, while hunting, kills or wounds or witnesses the killing or wounding of a human being, or domestic animal belonging to another, shall, within 48…
   • § 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…
   • § 12153 A commercial fishing license is forfeited for the violation of Sections 1050.1 to 1059, inclusive, or Section 2012, or of any of the provisions of this code…
   • § 12154 (a) Upon a conviction of a violation of this code or any regulation adopted pursuant thereto that is punishable pursuant to Section 12012, 12013, 12013.3, or…
   • § 12155 (a) Upon the third conviction of a person of a violation of any provision of this code or regulation adopted pursuant to this code relating to the taking or…
   • § 12155.5 (a) The commission shall adopt regulations and procedures governing the revocation or suspension of hunting or sport fishing privileges. The regulations shall…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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,…
   • § 12159 All birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or any part thereof, which have been taken, possessed, sold,…
   • § 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,…
   • § 12160 All birds, mammals, fish, reptiles, aquaculture animals and products, plants, or amphibians, or any part thereof, seized in accordance with Section 12159, the…
   • § 12161 The judge before whom any person is tried for taking, possessing, selling, importing, or transporting birds, mammals, fish, reptiles, aquaculture animals and…
   • § 12162 A bird, mammal, fish, reptile, or amphibian seized under circumstances in which it cannot be determined who took, possessed, sold, imported, or transported the…
   • § 12163 A person who purchases birds, mammals, fish, reptiles, or amphibians from the department pursuant to the preceding sections shall, upon delivery, pay to the…
   • § 12164 The court before whom a person has been convicted of trespassing under Section 602 of the Penal Code shall, in addition to any other fine or forfeiture…
   • § 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…
   • § 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…
3. CHAPTER 3. California Indians § 12300 · 1 section

   • § 12300 (a) Notwithstanding any other provision of law, the provisions of this code are not applicable to California Indians whose names are inscribed upon the tribal…