Legislative record
California Endangered Species Act: take prohibition: self-defense.
The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species and to add or remove species from either list if it finds, upon the receipt of sufficient scientific information, as specified, that the action is warranted. The act prohibits the taking of an endangered or threatened species, except under certain circumstances. The violation of the act is a crime. This bill would prohibit the imposition of a civil, administrative, or criminal penalty for a violation of the take prohibition if the defendant used necessary and reasonable force to protect themselves, a member of their family, or any other individual from immediate bodily harm from a species listed pursuant to the act. The bill would require a person who committed a take, or an attempted take, of a species listed pursuant to the act under these circumstances to notify the Department of Fish and Wildlife within 24 hours after the take. Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program. 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.