Existing law makes it unlawful to take a bird, mammal, fish, reptile, or amphibian, except as authorized by law.

This bill would make it unlawful for a person in California to import, cause to be imported, export, cause to be exported, transport, sell, offer for sale, possess with the intent to sell, receive, acquire, or purchase any fish, wildlife, or plant that was taken, possessed, transported, or sold in violation of any law or statute of any state or any law, treaty, or statute of the United States with regard to fish, wildlife, or plants in effect on January 19, 2025. The bill would, upon conviction or other entry of judgment, require any seized evidence be forfeited, as specified. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032.

Under existing law, a violation of the Fish and Game Code is a crime.

The California Endangered Species Act (CESA) requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species pursuant to a prescribed listing process, and generally prohibits the taking of those species. Existing law requires the commission to publish a notice in the California Regulatory Notice Register upon receipt of a petition to add or remove a species from either the list of endangered species or the list of threatened species by the Department of Fish and Wildlife.

This bill would require the department to determine if there is a decrease in protections by the federal government for an endangered or threatened species, as defined, and, if so, would require the department to publish written findings in the California Regulatory Notice Register that would add the species to the commission’s list of provisional candidate species, as specified. The bill would require the department to report the provisional candidacy determination at the next public meeting of the commission. The bill would prohibit criminal or civil liability for an entity operating under federal authorization for take, as specified, as long as the entities are in full compliance with their federal biological opinion. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.