Chapter 6. Damages From Poaching And Illegal Sales of California Fish And Game Code >> Division 1. >> Chapter 6.
(a) The commission shall, by regulation, adopt guidelines to
assist the director and the department in ascertaining the amount of
civil penalties to be imposed pursuant to Section 2582 or 2583. The
guidelines may include monetary amounts or ranges of monetary amounts
that the commission finds are adequate to deter illegal actions and
partially compensate the people of California for losses to the fish
and wildlife resources from illegal transactions described in Section
2582 or 2583 for profit or personal gain.
(b) If the violation involves birds, mammals, amphibians,
reptiles, or fish with a value in the aggregate of less than four
hundred dollars ($400) and involves only the transportation, taking,
or receipt of fish or wildlife taken or possessed in violation of
this code, the guidelines shall provide that the civil penalty shall
not exceed the maximum criminal fine provided by law for the
violation in this code or ten thousand dollars ($10,000), whichever
is less. For purposes of this section, "value" means the retail
market value if a market value exists, the potential monetary gain to
the accused or, for commercial species, the established retail
(c) The guidelines shall include consideration of the nature,
circumstances, extent, and gravity of the prohibited acts committed,
and the degree of culpability of the violator, including lesser
penalties for acts which have little significant effect upon the
resources and greater penalties for acts which may cause serious
injury to the resources.
(d) Nothing in this chapter or in Chapter 6.5 (commencing with
Section 2580) of Division 3 shall be used to establish a monetary
value for fish or wildlife resources in connection with any
development, project, or land or water use plan or activity as
permitted by any federal, state, or local governmental activity. This
chapter does not apply to any action brought to recover civil
damages under Section 2014.