Bill Dropping Penalties for Killing Endangered Animals in Self-Defense Advances
Measure would align state rules with federal law and clarify self-defense protections for residents
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SACRAMENTO — A bill that would eliminate penalties for killing an animal listed under the California Endangered Species Act in self-defense has passed the Assembly Water, Parks and Wildlife Committee by unanimous vote and will head next to the Judiciary Committee.
Current California law makes it unlawful to “take” any species listed as endangered or threatened by the state (according to state law, “taking” an animal includes hunting, pursuing, capturing and killing, or attempting to do any of those things). The new bill, AB 1722, was introduced by First District Assemblywoman Heather Hadwick. It would modify existing law to prohibit civil or criminal penalties for a person taking an endangered or threatened species through “necessary and reasonable force to protect themselves, a member of their family, or any other individual from immediate bodily harm.” Hadwick said in an email to constituents that the proposed legislation is about the principle that “no one should face civil or criminal penalties for defending their life or the lives of others.”
The proposed changes would align California law with the federal Endangered Species Act, which permits a person to take a listed animal on a “good faith belief” that they acted to protect themselves or another person. While penalties would be eliminated, anyone taking a listed animal would still be required to report the incident to the Department of Fish and Wildlife within 24 hours.
If the legislation is adopted, the most important change for residents of the northern Sierra would pertain to gray wolves, which are listed as endangered under state law. Mountain lions in this part of California are protected under a different law that states that an individual who kills or injures a mountain lion “in self-defense or defense of others” is not guilty of a violation. Black bears are considered game animals and are not endangered, so laws and regulations about bears would not be changed by AB 1722.