BILL NUMBER: AB 708	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 26, 2009

   An act to add Section 12007.12 to the Fish and Game Code, relating
to fish and wildlife.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 708, as introduced, Huffman. Fish and wildlife: poaching.
   Existing law regulates the taking or possession of birds, mammals,
fish, amphibians, and reptiles. Except as expressly provided
otherwise in the Fish and Game Code, any violation of that code, or
of any rule, regulation, or order made or adopted under that code, is
a misdemeanor.
   This bill would establish specific minimum and unspecified maximum
fines for certain violations of existing law relating to unlawful
taking and possession, where the Department of Fish and Game
determines the value of the in fish or wildlife unlawfully taken or
possessed is in excess of $400. The bill would make legislative
findings and declarations relating to poaching.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The illegal poaching of fish and wildlife, including the
wanton killing of migratory birds, deer, bear, fish, and abalone,
poses a serious threat to California's wildlife species and
biodiversity.
   (b) Arrests and reported incidents of poaching have increased
dramatically in California in recent years. Between 2003 and 2007 the
number of violations more than doubled, increasing from 6,538
hunting violations and 8,001 fishing violations in 2003 to 17,840
hunting violations and 15,892 fishing violations in 2007. Illegal
poaching of waterfowl in particular has reached the highest level in
decades.
   (c) Current penalties and enforcement levels have proved
insufficient to serve as an effective deterrent for illegal poachers.
Financial resources dedicated to enforcement of hunting and fishing
laws have also declined significantly at the same time that poaching
and profits from poaching have soared.
   (d) California in 2008 had less than 300 fish and game wardens on
active duty to patrol the entire state, which includes thousands of
miles of coastline and hundreds of thousands of acres of public
lands.
   (e) The economic impact of illegal poaching diminishes the
significant public investment the state and law abiding fishers and
hunters have made in restoring habitat for fish and wildlife and
protecting biodiversity.
   (f) California's native fish and wildlife are held in trust for
the common good of all the people of California.
   (g) It is therefore the intent of the Legislature that existing
laws prohibiting illegal poaching be enforced, that sufficient
resources be dedicated for effective enforcement of those laws, and
that the penalties for illegal poaching be enhanced, including, in
particular, the penalties for egregious poaching violations
exhibiting a wanton disregard for the laws protecting native fish and
wildlife and the public trust purposes of those resources.
  SEC. 2.  Section 12007.12 is added to the Fish and Game Code, to
read:
   12007.12.  (a) In addition to any other fine, forfeiture,
assessment, or penalty imposed pursuant to law, a violation of any of
the following sections shall be penalized according to this
subdivision if the value of the fish or wildlife unlawfully taken or
possessed is in excess of four hundred dollars ($400):
   (1) For a violation of Section 2000, a fine of not less than five
hundred dollars ($500) or more than ____.
   (2) For a violation of Section 2002, a fine of not less than five
hundred dollars ($500) or more than ____.
   (3) For a violation of Section 3007, a fine of not less than one
thousand dollars ($1,000) or more than ____.
   (4) For a violation of Section 4330, a fine of not less than five
hundred dollars ($500) or more than ____.
   (5) For a violation of Section 4750, a fine of not less than one
thousand dollars ($1000) or more than ____.
   (b) The valuation shall be determined by the department pursuant
to regulation. The taking or possession of each individual animal is
a separate violation for the purposes of this section.