19-year-old Daniel Moreno has been charged with cruelty to animals for stomping on a California brown pelican’s beak at Newport Beach pier after it tried to take his fish. Under California Penal Code Section 597, the offense may be filed as a misdemeanor with up to one year in jail or a felony carrying prison time, both with maximum fine of $20,000.

After the incident, the pelican was taken to the Huntington Beach care center, where it is now recovering from a broken beak. Moreno was taken into custody for his actions. He is scheduled to appear in court in Orange County on April 5th.