in his possession any sagehen is guilty of a misdemeanor; 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. History: Enacted February 14, 1872; amended June 27, 1876, Code § 626a. DOVES, MAY NOT BE KILLED WHEN. Every person who, between the first day of December and the thirty-first day of August of the year following (both dates inclusive), hunts, takes, kills, pursues or destroys or has in his possession any dove is guilty of a misdemeanor; provided, that in fish and game district number one, every person who, between the first day of November and the thirty-first day of July of the year following (both dates inclusive), of any year, hunts, takes, kills, pursues or destroys, or has in his possession, any dove, is guilty of a misdemeanor. History: Original section enacted March 27, 1895, and numbered § 626b, Stats. and Amdts. 1905, p. 256; repealed March 9, 1897, Stats. § 626e. HUNTING FEMALE DEER, SPOTTED FAWN, ETC., MISDEMEANOR. 1. Every person who hunts, pursues, takes or destroys or has in his possession any female deer, spotted fawn or spike buck, antelope or mountain sheep is guilty of a misdemeanor. 2. [Hunters to retain portion of head bearing horns.] Every person taking or killing any deer must retain in his possession during the open season and for ten days after the close of the open season the skin and portion of the head bearing the horns and must produce this upon the demand of any officer authorized to enforce the fish and game laws. Any person failing to comply with the provisions of this section is guilty of a misdemeanor. 3. ["Spiked buck" defined.] For the purpose of this act, any male deer with unbranched horns or antlers shall be considered a "spiked buck." § 626f. History: Enacted March 27, 1895, as § 626d, Stats. and Amdts. 1895, p. 256; repealed March 9, 1897, Stats. and Amdts. 1897, p. 921; re-enacted and section numbered § 626e, March 28, 1901, Stats, and Amdts. 1901, p. 820; amended May 3, 1915, Stats. and Amdts. 1915, p. 338; April 5, 1917, Stats. and Amdts. 1917, p. 58. In effect July 27, 1917. 1. Protecting reindeer Punishment. — that fixed for a violation of this section.The punishment provided in section 19 is In re Robbins, 27 Cal. App. 677, 151 Pac. 14. § 626j. TRACKING DEER WITH MORE THAN ONE DOG, MISDEMEANOR. Every person, who, owning, controlling, or having in his possession any dogs, suffers, permits or allows more than one of said dogs to run, track or trail any deer at any time during the open season that deer may be lawfully killed is guilty of a misdemeanor. Every person, who, owning, controlling or having in his possession any dogs, suffers, permits or allows any of said dogs to run, track or trail any deer during the closed season for the taking of deer is guilty of a misdemeanor. History: Enactment approved March 28, 1901, Stats. and Amdts. § 6261. PERMISSION TO TAKE FISH AND GAME FOR SCIENTIFIC, ETC., PURPOSES. Nothing in this chapter, nor the Penal Code, shall prohibit the possession or the taking alive for scientific, educational or propagation purposes any of the wild game birds or game mammals or fishes of this state; provided, however, permission to take, kill and possess said wild game birds, game mammals or fishes for said purposes shall have been first obtained in writing from the state board of fish and game commissioners, and said permit shall accompany the shipment of said wild game birds or game mammals or fishes and shall exempt them from seizure while passing through any part of this state, or while in possession, in accordance with said permit. [Supervision of board.] All game birds or game mammals or fish taken under any permit shall be taken under the supervision of said board. History: Enactment approved March 28, 1901, Stats, and Amdts. 1901, p. 821; amended April 6, 1917, Stats. and Amdts. 1917, p. 139. In effect July 27, 1917. § 6260. SHOOTING DUCKS FROM LAUNCH, ETC., UNLAWFUL. Every person who, in the State of California, shoots at any kind of wild duck from a launch or other boat propelled by steam, gasoline, naphtha, electricity or other power, while said launch or boat is in motion, is guilty of a misdemeanor; provided, that in fish and game district four A every person who shoots at any kind of wild duck from any boat except a sailboat or rowboat is guilty of a misdemeanor. History: Enactment approved March 22, 1909, Stats. and Amdts. 1909, p. 671; amended May 28, 1917, Stats. and Amdts. 1917, p. 1279. In effect July 27, 1917. § 626p. CATCHING, KILLING, ETC., BEAVER; MISDEMEANOR. Every person, who takes, catches or kills or has in his possession any beaver, or who has in his possession any green beaver hides, is guilty of a misdemeanor. 1. Provided, that the state fish and game commission may in writing authorize any person to take, catch or kill any beaver, when notice in writing is given the state fish and game commission that beavers are endangering or destroying the levees or other protective works of any reclamation district, levee district, or swamp land district. 2. Provided, further, that the person or persons so taking, catching or killing any such beavers shall, within ten days thereafter, report in writing such taking, catching or killing and the place thereof to the state fish and game commission, and the state fish and game commission may thereupon issue permission in writing for the disposal of such hide or pelt so taken, caught or killed. 3. Provided, further, that the provisions of this section shall not apply to the skin or pelt of any beaver taken, caught or killed in any other state or country in which the taking, catching, killing and sale of beavers is permitted. 4. [Penalty.] Every person found guilty of a violation of the provisions of this section must be fined in a sum not less than twenty-five dollars, nor more than five hundred dollars, or [punished by] imprisonment in the county jail of the county in which the conviction shall be had not less than twenty-five days, nor more than one hundred and fifty days, or by both such fine and imprisonment. History: Enactment approved March 8, 1911, Stats. and Amdts. 1911, p. 313; amended April 5, 1917, Stats. and Amdts. 1917, p. 39. In effect July 27, 1917. § 626г. SELLING AIGRETTES, ETC., PENALTY. Every person who, after the first day of November, one thousand nine hundred seventeen, sells or offers for sale or has in his possession for sale any aigrette or egret, osprey, bird of paradise, goura, or numidi, or the plume feathers, quills, head, wings, tail, skin, or parts of skin, raw or manufactured, of the said aigrette or egret, osprey, bird of paradise, goura or numidi, shall be guilty of a misdemeanor. History: Enactment approved May 18, 1917, Stats, and Amdts. 1917, p. 662. In effect July 27, 1917. § 626s. PROTECTION OF GAME AND FISH IN CERTAIN DISTRICTS. Every person who, in fish and game districts numbers one A, one B, one C, one D, one E, one F, one G, one H, one I, one J, one K, one L, two A, three A, three B, three C, three D, four A, four B, four C, four D, four E, four F, hunts, pursues, takes, catches, kills, destroys, or has in his possession any wild bird or wild animal, excepting the predatory birds and animals designated in this chapter, or who, within the boundaries of said fish and game districts numbers one A, one B, one C, one D, one E, one F, one G, one H, one I, one J, one K, one L, two A, three A, three B, three C, three D, three E, four A, four B, four C, four D, four E, hunts, pursues, takes, catches, kills, destroys or has in his possession any predatory bird or animal, without first having secured written permission from the board of fish and game commissioners, shall be guilty of a misdemeanor; provided, that nothing in this act shall prohibit the hunting, pursuing and killing of water fowl in game district four A, in accordance with the provisions prescribed in this chapter. Every person who, in fish and game district number twenty-six, takes, catches, kills or has in possession any fish is guilty of a misdemeanor. [Penalty.] Every person found guilty of a violation of any of the provisions of this section shall be punishable by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail in the county in which conviction shall be had, not less than fifty days nor more than one hundred fifty days, or by both such fine and imprisonment. All fines and forfeitures collected for any violation of any of the provisions of this section shall be paid into the state treasury to the credit of the fish and game preservation fund. Nothing in this act shall prohibit the fish and game commission or persons authorized by them, from taking at all times and in any manner such fish or game as they may deem necessary for scientific purposes, or purposes of propagation. History: Enactment approved May 19, 1915, Stats. and Amdts. 1915, p. 605; amended May 28, 1917, Stats. and Amdts. 1917, p. 1042. In effect July 27, 1917. § 626u. AFFIDAVIT WHEN SHIPPING DEER. Any person lawfully killing a deer during the open season may ship such entire deer to any part of the state during the open season for the killing of deer in the district in which the animal is killed, provided that an affidavit is made before a justice of the peace or notary public, in which affidavit is set forth the date and place of killing, the name and address, the number of hunting license of the party killing and shipping the deer, the name and address of the party to whom the deer is shipped. The original of this affidavit must immediately be filed with the fish and game commission in San Fran cisco, a copy attached to the carcass of the deer shipped and a copy left on file with the notary public or justice of the peace before whom the affidavit is made. After such deer is received in the district in which the season is closed, if it is desired to distribute it to two or more persons, the receiver must at once file with the fish and game commission a list of the persons receiving any part of the said deer. [Penalty.] Every person failing to comply with the provisions of this act shall be guilty of a misdemeanor, and is punishable by a fine of not less than twenty-five dollars nor more than five hundred dollars, or by imprisonment in the county jail, in the county in which the conviction shall be had, of not less than twenty-five days, nor more than one hundred and fifty days, or by both such fine and imprisonment; and all fines and forfeitures imposed or collected for any violation of any of the provisions of this section shall be paid into the state treasury, to the credit of the fish and game preservation fund. History: p. 655. Enactment approved May 18, 1917, Stats. and Amdts. 1917, § 627a. CERTAIN GAME NOT TO BE SHIPPED. MISDEMEANOR. Every railroad company, express company, transportation company, or other common carrier, its officers, agents, and servants, and every other person who transports, carries or takes out of this state, or who receives for the purpose of transporting from this state, any deer, deerskin, or part of deerskin, or any quail, partridge, pheasant, grouse, or sage-hen or prairie-chicken, dove, wild pigeon, or any wild duck, wild goose, rail, snipe, ibis, curlew, plover, or other shore-birds (Limicolæ), except for the purpose of propagation or scientific purposes, under a permit, in writing, first obtained from the board of fish and game commissioners of the State of California, or who transports, carries or takes from the state, or receives for the purpose of transportation from the state, the carcass of any such animal or any such bird, or any part of the carcass of any such animal or bird, is guilty of a misdemeanor. History: Original section, relating to shooting upon posted land, approved March 27, 1895, Stats. and Amdts. 1895, p. 58; repealed March 9, 1897, Stats. and Amdts. 1897, p. 93; present section, amended and numbered 627a, March 28, 1901, Stats. and Amdts. 1900-1, p. 821 (Code Commission made an ineffectual attempt to amend this section, Stats. and Amdts. 1900-1, p. 476); amended March 18, 1915, Stats. and Amdts. 1915, p. 257; April 6, 1917, Stats. and Amdts. 1917, p. 77. In effect July 27, 1917. § 627b. LIMIT AS TO SHIPMENT OF CERTAIN GAME. MISDEMEANOR. Every common carrier, its officers, agents or servants, who receives for shipment or transportation, or who ships or transports, for any one person during any one calendar day; or any person who ships or offers for shipment or transportation during any one calendar day, more than the bag limit of wild birds or wild animals or fish allowed to be taken, caught, killed or possessed during any one calendar day, is guilty of a misdemeanor. Every common carrier, its officers, agents or servants, who receives for shipment or transportation, or who ships or transports for any one person, between sunrise of one Sunday and sunrise of the following Sunday; or any person who ships or offers for shipment or transportation between sunrise of one Sunday and sunrise of the following Sunday, more than the bag limit of wild birds or wild animals or fish allowed to be taken, caught, killed or possessed between sunrise of one Sunday and sunrise of the following Sunday, is guilty of a misdemeanor. Every common carrier, its officers, agents or servants, who receives for shipment or transportation, or who ships or transports for any one person during any one season; or any person who ships or offers for shipment or transportation during any one season, more than the seasonal bag limit of wild birds or wild animals or fish allowed to be taken, caught, killed or possessed during any one season, is guilty of a misdemeanor. Every common carrier, its officers, agents or servants, who receives for shipment or transportation, or who ships or transports, or any person who ships or offers for shipment or transportation any wild birds or wild animals or fish, unless the same are at all times in open view, labeled with the name and residence of the shipper and the name and residence of the actual consignee and the exact contents as to kind and species of wild birds or wild animals or fish contained in the package offered for shipment or transportation; or any person who ships any of the wild birds or wild animals or fish by parcel post is guilty of a misdemeanor. [Repeal.] All acts and parts of acts inconsistent with this act are hereby repealed. History: Enacted March 27, 1895, Stats, and Amdts. 1895, p. 258; repealed March 9, 1897, Stats. and Amdts. 1897, p. 93; re-enacted March 28, 1901, Stats. and Amdts. 1900-1, p. 821; amended March 18, 1905, Stats. and Amdts. 1905, p. 257; March 21, 1907, Stats. and Amdts. 1907, p. 761, Kerr's Stats. and Amdts. 1906-7, p. 534; March 22, 1909, Stats. and Amdts. 1909, p. 671; May 18, 1917, Stats. and Amdts. 1917, p. 651. In effect July 27, 1917. SHRIMPS, § 628. PROTECTION AND PRESERVATION OF FISH. SPINY LOBSTER AND CRABS. Every person who, at any time offers for shipment or ships, or who receives for shipment or transportation from the State of California to any place in any other state, territory or foreign country, or who has in his possession, for any purpose any dried shrimp or shrimp shells of shrimp caught or taken in the waters of this state, shall be guilty of a misdemeanor; and be it provided, that the possession of such dried shrimp or shrimp shells for any purpose shall be prima facie evidence that such dried shells are of shrimp which were caught or taken in the waters of this state. [Spiny lobster.] Every person who, between the first day of March and the fourteenth day of October inclusive of any year, takes, catches, kills, has in possession, buys, sells or offers for sale any spiny lobster (Panulirus interruptus), or who at any time takes, catches, kills, has in possession, buys, sells, or offers for sale any spiny lobster (Panulirus interruptus), of less than ten and one-half inches or more than sixteen inches in length, measured from one extremity to the other and exclusive of legs, claws or feelers, shall be guilty of a misdemeanor. [Crab.] Every person who, at any time takes, catches, kills, has in his possession, buys, sells, or offers for sale any crab (Cancer magister), of less than seven inches in breadth measured straight across the back from point to point, or any female crab (Cancer magister), or who, between the thirty-first day of July and the fourteenth day of November, inclusive, of any year, takes, catches, kills, has in possession, buys, sells or offers for sale any crab (Cancer magister), shall be guilty of a misdemeanor. Any person who shall at any time, pickle, can or otherwise preserve any spiny lobster (Panulirus interruptus) or crab (Cancer magister) or who shall at any time, sell any spiny lobster (Panulirus interruptus) or crab (Cancer magister), meat not in the shell of any such spiny lobster (Panulirus interruptus) or crab (Cancer magister) or who shall bring to shore any part or portion of any spiny lobster (Panulirus interruptus) or crab (Cancer magister) without the remaining portions of such spiny lobster (Panulirus interruptus) or crab (Cancer magister) in such condition that the size of such spiny lobster (Panulirus interruptus) or crab (Cancer magister) can not be measured shall be guilty of a misdemeanor. Every person who ships or offers for shipment or transportation any species of crab taken in fish and game districts five, six, seven, seven A, eight and nine, is guilty of a misdemeanor. [Caught below Mexican boundary.] None of the provisions of this act shall apply to spiny lobster caught or taken without the waters of this state, when said spiny lobsters are not caught in waters lying south for a distance of ten miles from the international boundary line between the United States and Mexico, extended westerly in the Pacific ocean, and bearing after inspection such evidence of having been so caught or taken as may be hereafter prescribed by the fish and game commission; and be it provided, that all the expense of such inspection shall be borne by the |