20250AB__172295AMD INTRODUCED 2026-02-05 AMENDED_ASSEMBLY 2026-03-19 AMENDED_ASSEMBLY 2026-04-06 AMENDED_ASSEMBLY 2026-04-16 AMENDED_SENATE 2026-06-25 2025 AB AMD Introduced by Assembly Member Hadwick (Coauthor: Assembly Member Gallagher) (Coauthors: Senators Dahle and Grove) LEAD_AUTHOR ASSEMBLY Hadwick COAUTHOR ASSEMBLY Gallagher COAUTHOR SENATE Dahle COAUTHOR SENATE Grove

An act to add

Section 2080.8 to the Fish and Game Code, relating to fish and wildlife. fish and wildlife 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 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. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1. (

a) The Legislature finds and declares that the federal Endangered Species Act of 1973 (16 U.S.C.

Sec. 1531 et seq.) establishes a defense against the imposition of civil penalties, and a defense to prosecution, for the take of an animal listed pursuant to the federal act if the defendant committed the act based on a good faith belief that they were acting to protect themselves, a member of their family, or any other individual from that animal (16 U.S.C.

Sec. 1540). (

b) It is the intent of the Legislature to establish similar defenses against the imposition of civil and criminal penalties for the take of an animal listed pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with

Section 2050) of Division of the Fish and Game Code) for when that take is necessary and reasonable to the threat an animal listed under the California Endangered Species Act may pose to a human.

SEC.

Section 2080.8 is added to the Fish and Game Code , to read: 2080.8. (

a) A civil or administrative penalty shall not be imposed for a violation of

Section or 2085, or both, if it can be shown by a preponderance of the evidence that the defendant used necessary and reasonable force to protect themselves, a member of their family, or any other individual from immediate bodily harm from any endangered, threatened, or candidate species. (

b) It shall be a defense to prosecution for a violation of

Section or 2085, or both, 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 any endangered, threatened, or candidate species. (

c) A person who committed a take, or an attempted take, described in this

section shall notify the department within hours after the take. (d)

(1) On or before July 1, 2032, the department shall prepare a report that includes, but is not limited to, compiled data, including the species, date, and approximate location, regarding a take of an animal reported pursuant to subdivision (

c) between January 1, 2027, through December 31, 2031.

(2) The report prepared pursuant to this subdivision shall be submitted to the relevant legislative policy and budget committees in both houses of the Legislature and be submitted in compliance with

Section of the Government Code.

SEC. 3. No reimbursement is required by this act pursuant to

Section 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 of the Government Code, or changes the definition of a crime within the meaning of

Section of

Article XIII B of the California Constitution.