California Endangered Species Act: take prohibition: self-defense.

Plain English Breakdown

The bill has passed both chambers but its final status and any executive action are unknown.

California Endangered Species Act: Self-Defense Against Listed Animals

AB 1722 allows individuals to use necessary and reasonable force to protect themselves from immediate bodily harm caused by endangered or threatened animals without facing penalties, provided they report the incident within 24 hours.

What This Bill Does

• Allows a person to avoid criminal, civil, or administrative penalties if they take an endangered or threatened animal in self-defense based on a good faith belief that it was necessary to prevent immediate bodily harm.
• Requires people who use force against listed animals for protection to report the incident to the Department of Fish and Wildlife within 24 hours.

Who It Names or Affects

• People who might need to defend themselves from endangered or threatened animals
• The Department of Fish and Wildlife, which will receive reports about incidents involving listed animals

Terms To Know

Take

Harming, harassing, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting an endangered or threatened species.

Endangered Species Act

A law that protects animals and plants that are in danger of becoming extinct.

Limits and Unknowns

• The bill does not specify what happens if a person fails to report an incident within the required time frame.
• It is unclear how this change will affect wildlife conservation efforts.

Official Summary Text

AB 1722, as amended, Hadwick.
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
committed the act based on a good faith belief that they were acting
used necessary and reasonable force
to protect themselves, a member of their family, or any other individual from
immediate
bodily harm from an animal 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.

Current Bill Text

Download Bill PDF