Bill Text: CA SB392 | 2013-2014 | Regular Session | Chaptered

California Senate Bill 392 (Prior Session Legislation)

Bill Title: Fish and Game Code: game birds and waterfowl.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-09-24 - Chaptered by Secretary of State. Chapter 346, Statutes of 2013. [SB392 Detail]

Download: California-2013-SB392-Chaptered.html

BILL NUMBER: SB 392	CHAPTERED
	BILL TEXT

	CHAPTER  346
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2013
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2013
	PASSED THE SENATE  SEPTEMBER 3, 2013
	PASSED THE ASSEMBLY  AUGUST 30, 2013
	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	AMENDED IN ASSEMBLY  JUNE 25, 2013
	AMENDED IN SENATE  MAY 2, 2013

INTRODUCED BY   Senator Berryhill

                        FEBRUARY 20, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 392, Berryhill. Fish and Game Code: game birds and waterfowl.
   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 require the commission, on or before January 1,
2015, and subject to specified federal regulations, to recommend
legislation or adopt regulations to clarify when a possession limit
is not violated by processing into food lawfully taken game birds or
mammals.
   Existing law makes a violation of these provisions a misdemeanor,
except a violation of designated statutes or regulations is either an
infraction or a misdemeanor.
   This bill would make a violation of a specified regulation
relating to the possession, transportation, and importation of game
birds an infraction or a misdemeanor. The bill would also make
various technical, nonsubstantive changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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) On or before January 1, 2015, and subject to the requirements
of subdivision (d), 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 or mammals.
  SEC. 2.  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), a 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) Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the
California Code of Regulations.
   (5) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive,
of Title 14 of the California Code of Regulations.
   (6) Sections 27.56 to 30.10, inclusive, of Title 14 of the
California Code of Regulations.
   (7) Sections 40 to 43, inclusive, of Title 14 of the California
Code of Regulations.
   (8) Section 251.7 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) Section 630 of Title 14 of the California Code of
Regulations.