TITLE XV.

MISCELLANEOUS CRIMES.

Chapter I. Violation of the Laws for the Preservation of Game and Fish, §§ 6266371⁄2 [g].

II. Of Other and Miscellaneous Offenses, §§ 638-653.

CHAPTER I.

VIOLATION OF THE LAWS FOR THE PRESERVATION OF GAME AND

§ 626p. Catching, killing, etc., beaver. Misdemeanor.

§ 626p[2]. Sea brant may not be killed, when. § 626q. Killing sea-otter. Penalty.

§ 626r. Selling aigrettes, etc. Penalty.

§ 626s. Protection of game in certain districts.

§ 6261⁄2 [t]. Protection of growing crops from wild ducks, etc.

§ 626u. Affidavit when shipping deer. [Repealed.]

§ 627. Further regulating destruction of game. Trespassing upon inclosed or cultivated grounds, a misdemeanor.

§ 627a Certain game not to be shipped. Misdemeanor.

§ 627b. Limit as to shipment of certain game. Misdemeanor.

§ 627c. Protection of song-birds and their nests. [Repealed.]

§ 627d. Penalties. [Repealed.]

§ 628. Protection of shrimp, etc.

§ 628a. Protection of striped bass and shad. § 628a [2]. [Same.]

§ 628b. Protection of bass, Sacramento perch, sunfish, etc. Misdemeanor

§ 628c. Protection of young fish of any species. Fish in pond or reservoir belonging to state. Penalty.

§ 628d. Fine or imprisonment.

fines.

Disposition of

§ 628e. Protection of whiting, barracuda, etc. Misdemeanor.

§ 628f. Protection of abalone and clams. Penalty.

§ 628g. Shipping

abalone-meat prohibited. Penalty. [Repealed.]

Misdemeanor.

§ 628g[2]. Salt-water perch.
§ 628h. Planting fish or fish eggs without per-

mission. Penalty.

§ 6281. Use of Chinese shrimp nets. Misde

§ 628j. § 629

meanor.

Protection of salt-water eels.

Screens over mill-race, pipe, etc. Penalty for refusal to maintain.

§ 629a. Protection of fish near fish-way or fish-screens.

§ 630.

Conducting fish-business without license. Misdemeanor.

§ 630a. Reports of wholesale fish-dealers. Penalty.

§ 630b. Failure to produce register.

meanor.

Misde

§ 626. DUCKS, SNIPE, QUAIL, ETC., MAY BE KILLED, WHEN. Every person who[,] between the sixteenth of January and the thirtieth day of September, both dates inclusive, of any year, hunts, pursues, takes, kills or destroys or has in his possession[,] any kind of wild duck, or goose, or brandt, or mudhen, or gallinule, or Wilson-snipe; or who, at any time hunts, pursues, takes, kills or destroys or has in his possession any Quail, or wood-duck, or wild pigeon, or any shore-bird, except Wilsonsnipe, or any sandhill-crane, whooping-crane, or little brown crane;

[Desert- and valley-quail and rabbits.] or who, between the sixteenth day of January and the thirty-first day of October, both dates inclusive, of any year, hunts, pursues, takes, kills or destroys or has in his possession[,] any mountain-, desert-, or valley-quail; or cottontail or brush-rabbits;

[Grouse.] or who, between the fifteenth day of October, and the fourteenth day of September, both dates inclusive, of the following year, hunts, pursues, takes, kills or destroys or has in his possession[,] any grouse;

[Doves.] or who, between the first day of November and the thirty-first day of August, both dates inclusive, of the following year, hunts, pursues, takes, kills or destroys or has in his possession, any dove[,] is guilty of a misdemeanor;

[Sage-hen and quail.] or who, between the sixteenth day of September and the thirty-first day of July, both dates inclusive, of the following year, hunts, pursues, takes, kills or destroys or has in his possession, any sage-hen, is guilty of a misdemeanor; provided, that in fish and game district four and one-half every person who at any time hunts, pursues, takes, kills or destroys or has in his possession, any sage-hen, is guilty of a misdemeanor; provided, further, that in fish and game district one and onehalf, every person who, between the sixteenth day of December and the fourteenth day of October, both dates inclusive, of the following year, hunts, pursues, takes, kills or destroys or has in his possession, any valley- or mountain-quail, is guilty of a misdemeanor;

[Rabbits on owner's premises.] provided, further, that nothing in this section shall prohibit the hunting, pursuing, taking, killing or destroying of any cottontail or bushrabbit by the owner or tenant of any premises, or by any person authorized in writing by such owner or tenant, but the rabbits so hunted, pursued, taken, killed or destroyed shall not be shipped or sold during the closed season.

§ 2. [Repealed.] Section six hundred twenty-six a of the Penal Code is hereby repealed.

Enacted February 14, 1872; amendment approved June 27, 1876, Code Amdts. 1875-6, p. 113; March 30, 1878, Code Amdts. 1877-8, p. 119; April 16, 1880, Code Amdts. 1880 (Pen. C. pt.), p. 41; March 19, 1883, Stats. and Amdts. 1883, p. 80; March 24, 1887,

Stats. and Amdts. 1887, p. 236; March 31, 1891, Stats. and Amdts. 1891, p. 472; March 23, 1893, Stats. and Amdts. 1893, p. 278; March 27, 1895, Stats. and Amdts. 1895, p. 256; March 9, 1897, Stats. and Amdts. 1897, p. 90; March 21, 1901, Stats. and Amdts. 1900-1, p. 819; February 2, 1903, Stats. and Amdts. 1903, p. 2; March 18, 1905, Stats. and Amdts. 1905, p. 255; March 21, 1907, Stats. and Amdts. 1907, p. 760; Kerr's Stats. and Amdts. 1906-7, p. 532; March 22, 1909, Stats. and Amdts. 1909, p. 670; April 8, 1911, Stats, and Amdts. 1911. p. 810: June 8, 1915, Stats. and Amdts. 1915, p. 1316; April 5, 1917, Stats. and Amdts. 1917, p. 23; April 8, 1919, Stats. and Amdts. 1919, p. 28; May 7, 1921, Stats. and Amdts. 1921.

Note: Two other amendments were approved May 18, 1919, given below as § 626 [a] and 626[b].

§ 626 [a]. DUCKS, SNIPE, QUAIL, ETC., MAY NOT BE KILLED WHEN. Every person who, between the first day of February and fifteenth day of October, both dates inclusive, of any year, hunts, pursues, takes, kills or destroys, or has in his possession, any kind of wild duck, or goose, or brant, or mudhen, or gallinule, or Wilson snipe; or, who, at any time, takes, kills or destroys, or has in his possession, any rail, or wood duck, or wild pigeon, or any shore bird, except Wilson snipe, or any sandhill crane, whooping crane, or little brown crane;

[Desert or valley quail.] Or, who, between the first day of February and the fourteenth day of November, both dates inclusive, of any year, hunts, pursues, takes, kills or destroys, or has in his possession, any desert or valley quail;

[Rabbits.] Or, who, except in fish and game districts four, nineteen and twenty-one, between the first day of February and the fourteenth day of November, both dates inclusive, of any year, hunts, pursues, takes, kills or destroys, or has in his possession, any cottontail or brush rabbit;

[Mountain quail.] Or, who, between the first day of December and the thirty-first day of August, both dates inclusive, of the following year, hunts, pursues, takes, kills or destroys, or has in his possession, any mountain quail;

[Grouse.] Or, who, between the fifteenth day of October and the fourteenth day of September, both dates inclusive, or the year following, hunts, pursues, takes, kills, or destroys, or has in his possession, any grouse is guilty of a misdemeanor;

[Sagehens.] Or, who, between the first day of October and the fourteenth day of August, both dates inclusive, of the year following, hunts, pursues, takes, kills, or destroys, or has in his possession, any sage hen is guilty of a misdemeanor; provided, that in fish and game district number four every person who at any time hunts, pursues, takes, kills, or destroys, or has in his possession, any sage hen is guilty of a misdemeanor;

[Mountain quail.] Provided, further, that in fish and game districts numbers two, three and four, and any fish and game districts lying between the northern boundary of Mendocino county and the southern boundary of San Diego county, every person, who, between the first day of February and the fourteenth day of November, both dates inclusive, of any year, hunts, pursues, takes, kills, or destroys, or has in his possession, any mountain quail is guilty of a misdemeanor.

Amendment approved May 18, 1919, Stats. and Amdts. 1919, p. 718.

Note: A prior amendment of April 8, 1919, is given above, and a subsequent amendment also on May 18, 1919, is given below as 626[b].

§ 626[b]. DUCKS, SNIPE, QUAIL, ETC., NOT BE KILLED WHEN. Every person who between the first day of February and the fifteenth day of October, both dates inclusive, of any year, hunts, pursues, takes, kills or destroys or has in his possession any kind of wild duck, or goose, or brant or mud hen or gallinule, or Wilson snipe; or who, at any time hunts, pursues, takes, kills or destroys or has in his possession any rail, or wood duck or wild pigeon or any shore bird, except Wilson snipe, or any sandhill crane, whooping crane or little brown crane;

[Desert or valley quail-Rabbits.] Or who, between the first day of February and the fourteenth day of November, both dates inclusive, of any year, hunts, pursues, takes, kills or destroys or has in his possession any desert or valley quail, or cottontail or brush rabbits;

[Mountain quail.] Or who, between the first day of December and the thirty-first day of August, both dates inclusive, of the following year, hunts, pursues, takes, kills or destroys or has in his possession any mountain quail;

[Grouse.] Or who, between the fifteenth day of October and the fourteenth day of September, both dates inclusive, of the following year, hunts, pursues, takes, kills or destroys or has in his possession any grouse;

[Doves.] Or who, between the first day of November and the thirty-first day of August, both dates inclusive, of the following year, hunts, pursues, takes, kills or destroys or has in his possession, any dove is guilty of a misdemeanor;

[Sage hens.] Or who, between the first day of October and the fourteenth day of August, both dates inclusive, of the following year, hunts, pursues, takes, kills or destroys or has in his possession, any sage hen is guilty of a misdemeanor; provided, that in fish and game district four every person who at any time hunts, pursues, takes, kills or destroys or has in his possession, any sage hen is guilty of a misdemeanor;

[Mountain quail.] Provided, further, that in fish and game districts number two, three, and any fish and game districts lying between the northern boundary of Mendocino county and the southern boundary of Ventura county, every person, who, between the first day of February and the fourteenth day of November, both dates inclusive, of any year, hunts, pursues, takes, kills or destroys or has in his possession, any mountain quail is guilty of a misdemeanor;

[Quail.] Provided, further, that in fish and game districts number four and number four and one-half every person who between the first day of January and the fifteenth day of October, both dates inclusive, of any year, hunts, pursues, takes, kills or destroys or has in his possession any desert, valley or mountain quail is guilty of a misdemeanor; [Rabbits on owner's premises.] Provided, further, that nothing in this section shall prohibit the hunting, pursuing, taking, killing or destroying of any cottontail or brush rabbit by the owner or tenant of any premises, or by any person authorized in writing by such owner or tenant, but the rabbits so hunted, pursued, taken, killed or destroyed shall not be shipped or sold during the closed season.

§ 2. [Repealing clause.] Section six hundred twenty-six a of the Penal Code is hereby repealed.

Amendment approved May 18, 1919, Stats. and Amdts. 1919, p. 729.

Note: Two other amendments to § 626 were passed by the legislature and approved by the governor, and given above as § 626 and § 626[a].

§ 626a. DOVES MAY NOT BE KILLED WHEN. [Repealed.]

Enactment of original section approved March 27, 1895, and numbered § 626b, Stats. and Amdts. 1905, p. 256; repeal approved March 9, 1897, Stats. and Amdts. 1897, p. 92; re-enacted March 28, 1901, Stats. and Amdts. 1900-1, p. 819; amendment approved February 2, 1903, Stats. and Amdts. 1903, p. 2; March 21, 1907, Stats. and Amdts. 1907, p. 761; Kerr's Stats. and Amdts. 1906-7, p. 533; April 8, 1911, Stats. and Amdts. 1911, p. 810; May 19, 1915, Stats. and Amdts. 1915, p. 598; repeal approved April 8, 1919 and May 18, 1919, Stats. and Amdts. 1919, pp. 39 and 730.

§ 626a [2]. Retaining fish and game after open season. Whenever or wherever in any section of the code an open season for the pursuing, hunting, taking, catching, killing or possession of wild birds, wild animals or fish is prescribed, it shall be lawful for any person to retain in possession for an additional five days next succeeding the last day of such open season any of the wild birds, wild animals or fish legally taken, caught, killed or possessed during the open season therefor; provided, that not more than the bag limit of wild birds, wild animals or fish allowed to be taken, caught, killed or possessed during one calendar day in such open season may be held in possession during said additional period of five days.

Enactment approved May 13, 1919, Stats. and Amdts. 1919, p. 500.

§ 626b. NESTS OR EGGS. Every person who destroys or has in his possession the nest or eggs of any of the birds mentioned in this chapter, is guilty of a misdemeanor.

Enactment approved March 27, 1895, as part of section then numbered § 626a, Stats. and Amdts. 1895, p. 256; repeal approved March 9, 1897, Stats. and Amdts. 1897, p. 92; re-enacted March 28, 1901, as a separate section and numbered § 626b, Stats. and Amdts. 1900-1, p. 819.

§ 626c. SWANS, PHEASANTS, BOB-WHITE QUAIL, ETC., KILLING, A MISDEMEANOR, WHEN. Every person who takes, kills, or destroys, or has in his possession any swan, or any wild pheasants, or any bob-white quail, or any variety of imported quail or partridge, or wild turkey, is guilty of a misdemeanor; provided, however, that a person may rear, propagate and have in his possession pheasants and the increase thereof reared in captivity, or pheasants imported from a foreign country, and such artificially propagated or imported pheasants may be killed, sold, or disposed of at any season of the year upon permission from the state board of fish and game commissioners; and provided further, that a copy of such permit shall be attached to any pheasants or the package containing the same in plain view when the same shall be sold or disposed of as hereinabove provided.

Enactment approved March 28, 1901, Stats. and Amdts. 1900-1, p. 819; amendment approved March 18, 1905, Stats. and Amdts. 1905, p. 256; March 22, 1909, Stats. and Amdts. 1909, p. 670; March 9, 1911, Stats. and Amdts. 1911, p. 322.

§ 626d. LIMIT OF BAG [OF GAME]. Every person who, during any one calendar day, hunts, takes, kills, pursues or destroys, or has in his possession, more than twenty-five wild geese (except honker geese and black sea brant) or wild ducks, or more than twelve honker geese or black sea brant, or more than fifteen desert or valley quail, or doves or black breasted and golden plover or jack snipe or yellowlegs, or more than ten mountain quail, or more than four geese, or more than four sage hens, or more than fifteen cottontail or bush rabbits except in fish and game districts four, nineteen and twenty-one, is guilty of a misdemeanor; provided, also, that any person who, between sunrise of one Sunday and sunrise of the following Sunday, takes, kills, destroys or has in his possession, or buys or sells or offers for sale, or ships or offers for shipment, more than fifty wild geese (except honker geese, black sea brant) or more than fifty wild ducks or more than twenty-four honker geese or black sea brant, is guilty of a misdemeanor; provided, further, that any person who, between sunrise of one Sunday and sunset of the following Sunday, takes, kills, destroys or has in his possession, or ships, or offers for shipment, more than thirty valley or desert quail, jack snipe, yellowlegs, golden plover, or black breasted plover, or more than twenty mountain quail, or more than eight grouse, or more than eight sage hens, or more than thirty cottontail or bush rabbits except in fish and game district four, nineteen and twenty-one, is guilty of a misdemeanor.

Enactment approved March 28, 1901, Stats. and Amdts. 1900-1, p. 820; amended March 18, 1905, Stats. and Amdts. 1905, p. 256; March 21, 1907, Stats. and Amdts. 1907, p. 761; Kerr's Stats. and Amdts. 1906-7, p. 533; March 22, 1909, Stats. and Amdts. 1909, p. 670; April 8, 1911, Stats. and Amdts. 1911, p. 811; June 8, 1915, Stats. and Amdts. 1915, pp. 3, 9; May 18, 1919, Stats. and Amdts. 1919, p. 719.

Note: Another amendment of same section was approved on same day, given below as § 626d[2].

As to limit of number of deer that may be killed, see post, § 6261.
As to limit of number of trout that may be taken, see post, § 632.

§ 626d[2]. [SAME.] Every person, who during any one calendar day, hunts, takes, kills, pursues or destroys or has in his possession more than eight wild geese, or black sea brant, or more than twenty-five wild ducks or mudhens or jacksnipe or more than fifteen desert or valley quail or doves, or more than ten mountain quail, or more than four grouse, or more than four sage hens, or, who, during any one calendar day, except in fish and game district number four, hunts, takes, kills, pursues or destroys, or has in his possession more than fifteen cottontail or bush rabbits, is guilty of a misdemeanor;