California Endangered Species Act: take prohibition: self-defense.

2025-2026 Regular Session Introduced by Megan Dahle and 3 co-sponsors

Creates a California self-defense defense to CESA take penalties when force used to prevent imminent bodily harm from listed species is necessary and in good faith.

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

#californiaendangeredspeciesact #self-defense #takeprohibition

AB 1722 (2025-2026) – California Endangered Species Act: take prohibition — self-defense

Purpose and intent

Establishes a self-defense defense and related protections for the take of endangered or threatened species listed under California’s Endangered Species Act (CESA).

Aligns California law with a federal defense under the Endangered Species Act of 1973, by creating a similar defense to civil/criminal penalties when a person acts in good faith to protect themselves or others from imminent bodily harm caused by an animal listed under CESA.

Key provisions and changes

New statute added: Section 2080.8 to the Fish and Game Code.

(a) Civil or administrative penalties: Not to be imposed for a violation of CESA take prohibitions if, by a preponderance of the evidence, the defendant acted in a good faith belief that they used necessary and reasonable force to defend themselves, a family member, or another person from immediate bodily harm posed by an endangered, threatened, or candidate species.
(b) Prosecution defense: It shall be a defense to prosecution for a violation of CESA take prohibitions if the defendant acted in a good faith belief that they used necessary and reasonable force to protect themselves or others from imminent bodily harm by such species.
(c) Reporting requirement: A person who commits a take or attempted take under these circumstances must notify the California Department of Fish and Wildlife (CDFW) within 24 hours after the take.

Legislative context and findings:

The bill cites the federal Endangered Species Act’s defense and seeks to create a parallel defense under California law for takes necessary to protect humans from harm posed by listed species.

Reimbursement and fiscal notes:

The bill states that no state reimbursement is required for local agencies or school districts in connection with the new penalties or defenses, as the changes relate to penalties and crime definitions.

Who would be affected

Individuals who, in the course of self-defense, use force against or in response to immediate threat from a listed endangered, threatened, or candidate species under CESA.

Local law enforcement and the Department of Fish and Wildlife, which would receive 24-hour notification if a take occurs under these circumstances.

Potentially businesses, property owners, or residents who may encounter listed species and face threatenings that necessitate force for protection.

Procedural and timeline aspects

Effective upon enactment (as enacted in the 2025-2026 session) with the addition of Section 2080.8 to the Fish and Game Code.

The 24-hour notification to CDFW after a self-defense take is a new procedural requirement.

The bill includes typical state-mandated local program considerations and notes no reimbursement requirement for local agencies/school districts related to the new offense/defense provisions.

Summary assessment

AB 1722 adds a California-specific self-defense defense to the take prohibition for species listed under CESA, mirroring a federal defense. It clarifies that civil/administrative penalties or criminal prosecutions should not be pursued if the action was taken in good faith to prevent imminent bodily harm, provided force used was necessary and reasonable. It also creates an explicit 24-hour reporting duty to CDFW for such self-defense takes. The measure aims to balance human safety with wildlife protections, reducing penalties where actions are reasonably necessary to defend life or safety.