Amended  IN  Assembly  April 16, 2026
Amended  IN  Assembly  April 06, 2026
Amended  IN  Assembly  March 19, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 1722

Introduced by Assembly Member Hadwick
(Coauthor: Assembly Member Gallagher)
(Coauthors: Senators Dahle and Grove)

February 05, 2026

An act to add Section 2080.8 to the Fish and Game Code, relating to fish and wildlife.


LEGISLATIVE COUNSEL'S DIGEST


AB 1722, as amended, Hadwick. 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 committed the act based on a good faith belief that they were acting used necessary and reasonable force to protect themselves, a member of their family, or any other individual from immediate bodily harm from an animal 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 24 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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 the same 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 3 of the Fish and Game Code). 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. 2.

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

2080.8.
 (a) Notwithstanding Section 2014 or any other law, a A civil or administrative penalty shall not be imposed for a violation of Section 2080 or 2085, or both, if it can be shown by a preponderance of the evidence that the defendant committed an act based on a good faith belief that they were acting 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) Notwithstanding any other law, it It shall be a defense to prosecution for a violation of Section 2080 or 2085, or both, if the defendant committed the offense based on a good faith belief that they were acting 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 24 hours after the take.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 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 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.