AB 1722 (2026): Endangered Species Self-Defense Exception

What the Bill Would Do

AB 1722 proposed adding Fish and Game Code section 2080.8 within the California Endangered Species Act, which begins at section 2050. It would have provided protection against civil and administrative penalties and a defense to prosecution for specified take violations involving endangered, threatened, or candidate species when a person used necessary and reasonable force to protect themselves or another person from immediate bodily harm. It also required notification to the Department of Fish and Wildlife within 24 hours after the take ^[1]. Under existing Fish and Game Code section 86, "take" is defined to mean "hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill." The current statute prohibits the take of any listed species without specific authorization, with no general self-defense carve-out.

Sponsors

The bill was authored by Assembly Member Heather Hadwick (R), with bipartisan committee support to date.

Current Status

AB 1722 passed the Assembly 64-0 on May 28, 2026, after unanimous votes in its Assembly committees. In the Senate, the Natural Resources and Water Committee approved it 7-0 on June 23 and the Judiciary Committee approved it 12-0 on June 30. It passed the Senate 34-1 on August 19, and the Assembly concurred in the Senate amendments 61-1 on August 20. The Governor vetoed it on September 18, 2026. It did not become law. ^[2]

Why This Matters: Gray Wolf and Other Listed Predators

Several large predators present in California are protected as endangered or threatened. The gray wolf is listed as endangered under both federal and California state law, and a recovering wolf population has expanded into Northern California counties since 2011. Mountain lions are not listed under the California Endangered Species Act, but they are a "specially protected mammal" under Fish and Game Code section 4800 with their own non-self-defense restrictions. The take prohibition applies to endangered and threatened species, subject to statutory exceptions.

Context

This bill sits at the intersection of wildlife conservation and self-defense rights. The federal Endangered Species Act provides a self-defense exception under 16 U.S.C. section 1540(b)(3), but California state law does not explicitly mirror that exception. Residents in rural and rural-urban interface areas, particularly Northern California counties with established wolf packs, have raised concerns about legal exposure if they kill a protected predator while defending themselves, a family member, or livestock. AB 1722 proposed defenses for specified take violations involving necessary and reasonable force to protect a person from immediate bodily harm. The veto left that proposal unenacted.

What to Watch

The Governor vetoed AB 1722 on September 18, 2026, after both houses passed it. The proposed defense did not become law.