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SB-1208 Wildlife: dudleya: taking and possession.(2019-2020)

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Date Published: 03/25/2020 09:00 PM
SB1208:v98#DOCUMENT

Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1208


Introduced by Senator Monning
(Coauthor: Assembly Member Kalra)

February 20, 2020


An act to amend add Section 2000 of 2024 to the Fish and Game Code, relating to fish and wildlife.


LEGISLATIVE COUNSEL'S DIGEST


SB 1208, as amended, Monning. Fish and wildlife: Wildlife: dudleya: taking and possession.
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, and based solely upon the best available scientific information, that the action is warranted. The commission has listed certain species of dudleya as threatened or endangered under the act.
This bill would make it unlawful to uproot, remove, harvest, or cut dudleya, as defined, from land owned by the state or a local government or from property not their own without written permission from the landowner in their immediate possession, except as provided, and would make it unlawful to sell, offer for sale, possess with intent to sell, transport for sale, export for sale, or purchase dudleya uprooted, removed, harvested, or cut in violation of that provision. The bill would require a violation of those provisions, or any rule, regulation, or order adopted pursuant to those provisions, to be a misdemeanor punishable by a specified fine, imprisonment in a county jail for not more than a year, or both the fine and imprisonment. By creating a new crime, the bill would impose a state-mandated local program. Upon conviction or other entry of judgment for a violation of these provisions, the bill would require any seized dudleya to be forfeited to the Department of Fish and Wildlife, and would authorize the court to impose, in addition to, and separate from, any criminal penalty the cost of replanting any dudleya forfeited to the department. The bill would require the prosecution of an offense punishable under these provisions to be commenced within 3 years after commission of the offense.
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.

Existing law makes it unlawful to take any bird, mammal, fish, reptile, or amphibian except as provided in the Fish and Game Code or regulations adopted pursuant to that code. Under existing law, possession of those animals or parts of those animals, under specified circumstances, is prima facie evidence the possessor took the animal or animal parts.

This bill would make a nonsubstantive change to those latter provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Dudleya, a succulent plant, is a large genus of about 40 species, many of which are native to California and are listed as an endangered species. These succulents primarily grow in nature on cliff faces and steep slopes, can survive up to 100 years, and grow in the winter. Illegal poaching of the state’s native plants is a threat to the state’s biodiversity, can put certain species at risk for extinction, and can negatively impact entire ecosystem functions.
(b) Dudleya poaching, specifically, has increased dramatically with the rise in global popularity of succulents. They have become popular in many Southeast Asian countries, where a single plant can be sold for up to $1,000 on the black market. As a result, some poaching operations have been found in possession of thousands of dudleya taken from the state’s forests, mountains, and coastal bluffs.
(c) Some species of dudleya that already face conservation challenges, including habitat loss from development or altered wildfire regimes, are endemic to California. Protecting dudleya populations from poaching activity is necessary to prevent the loss of species and to promote the conservation of the state’s biodiversity.

SEC. 2.

 Section 2024 is added to the Fish and Game Code, immediately following Section 2023, to read:

2024.
 (a) For purposes of this section, “dudleya” means a succulent plant that belongs to the genus Dudleya and referred to commonly as “live-forevers” or “dudleya” that is native to California and grows in natural habitats.
(b) Except as provided in subdivision (d), it is unlawful to uproot, remove, harvest, or cut dudleya from land owned by the state or a local government or from property not their own without written permission from the landowner in their immediate possession.
(c) It is unlawful to sell, offer for sale, possess with intent to sell, transport for sale, export for sale, or purchase dudleya uprooted, removed, harvested, or cut in violation of subdivision (b).
(d) A person who holds a license or permit pursuant to Section 1002 may take dudleya consistent with that license or permit.
(e) Notwithstanding Section 12000, for a violation of this section, or any rule, regulation, or order adopted pursuant to this section, the following criminal penalties shall be imposed:
(1) For a first conviction, the offense shall be a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) per plant, imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.
(2) For a second or subsequent conviction, the offense shall be a misdemeanor punishable by a fine of not less than forty thousand dollars ($40,000) per plant, imprisonment in county jail for not more than one year, or by both the fine and imprisonment.
(f) In addition to, and separate from, any criminal penalty provided for under subdivision (e), where applicable, the cost of replanting any dudleya forfeited pursuant to subdivision (g), may be imposed by the court.
(g) Upon conviction or other entry of judgment for a violation of this section, any seized dudleya shall be forfeited to the department.
(h) Notwithstanding Section 802 of the Penal Code, prosecution of an offense punishable under this section shall be commenced within three years after commission of the offense.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 2000 of the Fish and Game Code is amended to read:
2000.

(a)It is unlawful to take a bird, mammal, fish, reptile, or amphibian except as provided in this code or in a regulation adopted pursuant to this code.

(b)Possession of a bird, mammal, fish, reptile, amphibian, or part of any of those animals, in or on the fields, forests, or waters of this state, or while returning from those places with fishing or hunting equipment, is prima facie evidence the possessor took the bird, mammal, fish, reptile, or amphibian, or part of that animal.