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 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 statute of the United States with regard to national or international trade of fish, wildlife, or plants in effect on January 19, 2025. 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.
Because the above provision would be part of the Fish and Game Code, a violation of which would be a crime, this bill would impose a state-mandated local program.
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. CESA also authorizes the commission to adopt a regulation to list a species as an emergency regulation if it finds that there is any emergency posing a significant threat to the continued existence of the species.
This bill would require the commission to consider whether to adopt a regulation to list a federally listed species, as defined, that is native to California as an emergency regulation if it determines, in consultation with the Department of Fish and Wildlife, that a federal action subsequent to January 19, 2025, under the federal Endangered Species Act of 1973, results in a decrease in protection for that species and listing that species under CESA could provide protection, as specified. If the commission lists a federally listed species by emergency regulation, the bill would require the department to promptly commence a status review, and the commission to determine whether to list the federally listed species beyond the duration of the emergency. The bill would make these provisions inoperative on December 31, 2031, and would repeal them on January 1, 2032.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Statutes affected: AB 1319: 2073.3 FGC
02/21/25 - Introduced: 2073.3 FGC
03/20/25 - Amended Assembly: 2073.3 FGC