In northern California, the bill would primarily apply to the gray wolf.

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

In northern California, the bill would primarily pertain to the gray wolf. Credit: Axel Hunnicutt, California Department of Fish and Wildlife.

Dana Loomis

2 min read

Updated

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.” 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.

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. Hadwick explained to the Mountain Messenger that her bill “takes something that exists on the federal level and applies it to California to ensure the self-defense standard applies when someone must defend themselves or a loved one against a large predator protected under the California Endangered Species Act.”

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. Hadwick confirmed that “under this bill, a person can defend themselves or their family from bodily harm inflicted by an endangered species, including gray wolves who are dually protected.”

Note: This article was updated after publication to incorporate a statement from the office of Heather Hadwick to the Mountain Messenger.