Section 12023 Of Chapter 1. General Provisions From California Fish And Game Code >> Division 9. >> Chapter 1.
12023
. (a) Notwithstanding Section 12002, any person who violates
Section 6400 through the use of an aquatic nuisance species, as
defined in Section 6431, is guilty of a misdemeanor, punishable by
all of the following:
(1) Imprisonment in the county jail for not less than six months
or more than one year, a fine of not more than fifty thousand dollars
($50,000) for each violation, or both that imprisonment and fine.
(2) Revocation of all of the defendant's licenses and permits
issued pursuant to this code.
(b) A person who personally or through another violates Section
6400, through the use of an aquatic nuisance species, is liable to
the owner of any privately or publicly owned property for any damages
to that property caused by the violation. A person who violates
Section 6400 through the use of an aquatic nuisance species shall
also be liable for all monetary damages directly, indirectly, and
proximately caused thereby, including, but not limited to, damages to
any commercial fishery, sport fishery, or to the public communities
which depend upon those fisheries for a portion of their annual
income. The Attorney General may file a civil action on behalf of the
fisheries or communities that are damaged as a result of the
violation. In addition, a private citizen who suffers damages as a
result of the violation may file a civil action against the violator.
(c) A person who allows an aquatic nuisance species to escape from
his or her property to the property of another, whether privately or
publicly owned, is liable to the owner of the intruded upon property
for any damages caused by the species.
(d) This section shall not apply to the placement of any live
fish, any fresh or salt water animal, or any aquatic plant from the
discharge or exchange of ballast water from any vessel as defined by
Section 21 of the Harbors and Navigation Code.
(e) This section does not apply to the placement of an aquatic
plant by a person who was unaware that he or she was in possession of
the plant. This exception includes circumstances in which a plant
becomes unknowingly and temporarily attached or affixed to a boat,
boat trailer, or boat motor.