Can Other Law Enforcement Agencies Enforce CDFW Regulations?

August 20, 2015

Question: I am a current sworn recruit in a Southern California Sheriff’s Department Academy. I will be working in a county with a heavy hunting and fishing population and an abundance of wildlife areas. I am just curious, and have been earnestly trying to find the answer on my own accord without luck, about a specific phrase in Fish and Game Code, section 2012. It states:

§ 2012. All licenses, tags, and the birds, mammals, fish, reptiles, or amphibians taken or otherwise dealt with under this code, and any device or apparatus designed to be, and capable of being, used to take birds, mammals, fish, reptiles or amphibians shall be exhibited upon demand to any person authorized by the department to enforce this code or any law relating to the protection and conservation of birds, mammals, fish, reptiles or amphibians.

My question is: who are the persons authorized by the department to enforce this code or any law relating to the protection and conservation of birds, mammals, fish, reptiles or amphibians? Are local police and county sheriffs authorized by the California Department of Fish and Wildlife (CDFW) to enforce the Fish and Game Code? If it does exist, is there any statute that expresses that authority? (Calen A., M.A.)

Answer: The only people authorized to enforce the “exhibit upon demand” authority of Fish and Game Code, section 2012, are CDFW wildlife officers. Although other law enforcement officers can’t make a formal demand under section 2012, they could conduct consensual inspections, and investigate and issue citations for violations of the Fish and Game Code.

Interesting........so no consent and they gotta call a warden or beat it?

NEVER consent unless you see a DFW badge or ID. Even then protest search... (oh, make sure you all in the right too)

NEVER consent.

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Interesting........so no consent and they gotta call a warden or beat it?

That's the way I see it. If they site probable cause and search even if you protest. Evidence will be inadmissible? Be polite anyway, they have guns....

Interesting........so no consent and they gotta call a warden or beat it?

That's the way I see it. If they site probable cause and search even if you protest. Evidence will be inadmissible? Be polite anyway, they have guns....

Always polite and its been a while since I've heard dfg ask if they can check coolers, hatches etc.....they usually just instruct you to open everything up.  For the most part the park rangers up in Sonoma have been cool but there's been some overzealous and "uneducated on current regs" park rangers down in the sur area.   Good info

NEVER consent unless you see a DFW badge or ID. Even then protest search... (oh, make sure you all in the right too)

Why not consent they are just trying to protect our resources?

That's funny,a friend of mine told me him and his brother was on the side of the road and a chp officer pulled over and asked them if they been abn  and wanted to see their catch.they complied like most people and after the officer got done with his search he just took off.i told him that was odd but I guess chps have more time on their hands then they know what to do with in that stretch of road

Interesting........so no consent and they gotta call a warden or beat it?

That's the way I see it. If they site probable cause and search even if you protest. Evidence will be inadmissible? Be polite anyway, they have guns....

Always polite and its been a while since I've heard dfg ask if they can check coolers, hatches etc.....they usually just instruct you to open everything up.  For the most part the park rangers up in Sonoma have been cool but there's been some overzealous and "uneducated on current regs" park rangers down in the sur area.   Good info

this year alone we were checked on 2 times by same DFG warden down at big sur. our fish was on stringers and we had it on top of our kayaks. he still wanted us to open all the kayak hatches and he put his face down in there to look. took several minutes to do that and in doing so our fish was baking in the hot sun. I almost wanted to speak up but decided not to and he asked about our coolers but didn't follow us to the parking to to check. after some conversation he turned out to be a nice person. 2 time around he didn't even check our licenses.