BILL NUMBER: AB 1162 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Chesbro
(Coauthor: Senator Berryhill)
FEBRUARY 18, 2011
An act to amend Sections 2583, 2588, 12000, and 12154 of, and to
add Sections 12013.3 and 12013.5 to, the Fish and Game Code, relating
to wildlife.
LEGISLATIVE COUNSEL'S DIGEST
AB 1162, as introduced, Chesbro. Wildlife: poaching.
(1) Existing law regulates the taking or possession of birds,
mammals, fish, amphibians, and reptiles. Existing law relating to the
control of illegally taken fish and wildlife authorizes the
imposition of a civil penalty, not to exceed $10,000, on any person
who violates the Fish and Game Code or any regulation adopted to
carry out that code, and, with the exercise of due care, should have
known that the birds, mammals, amphibians, reptiles, or fish, or the
endangered or threatened species, or the fully protected birds,
mammals, or fish were taken, possessed, transported, imported,
received, purchased, acquired, or sold in violation of, or in a
manner unlawful under, existing law. Existing law requires those
civil penalties to be deposited in the Fish and Game Preservation
Fund.
This bill would increase the maximum civil penalty for a violation
of the above provisions from $10,000 to $40,000. The bill would
require revenues from civil penalties that relate to certain game
species or parts thereof to be deposited in specified accounts within
the fund.
(2) Existing law provides that, 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 make a technical, nonsubstantive change to that
provision.
(3) Existing law provides that any person who illegally takes,
possesses, imports, exports, sells, purchases, barters, trades, or
exchanges any amphibian, bird, fish, mammal, or reptile, or part
thereof, for profit or personal gain, is guilty of a misdemeanor
punishable by a fine of not less than $5,000, nor more than $40,000,
or imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment. Existing law authorizes the
department, upon a conviction of certain violations to suspend or
permanently revoke a person's hunting or sport fishing license or
permit privileges and authorizes the forfeiture of any device or
apparatus, including a vessel, vehicle, or hunting or fishing gear,
used in the commission of specified offenses.
This bill would subject any person who knowingly and illegally
takes a trophy deer, elk, antelope, or bighorn sheep in specified
ways to a fine of not less than $5,000, nor more than $40,000, or
imprisonment in the county jail for not more than one year, or by
both that fine and imprisonment. The bill would subject any person
who uses a signal-emitting device, as defined, in conjunction with
the take of bear for the purpose of selling or trafficking in bear
parts to a fine of 10 times the market value of the bear parts, or
$10,000, whichever is greater. The bill would require the Fish and
Game Commission to adopt regulations to implement these provisions,
and would require all revenue from fines imposed pursuant to these
provisions to be deposited in the Big Game Management Account. The
bill would include those offenses in those suspension, revocation,
and forfeiture provisions. By creating new crimes, this bill would
impose a state-mandated local program.
(4)The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2583 of the Fish and Game Code is amended to
read:
2583. (a) Except as provided in subdivision (b), the
department may impose a civil penalty in accordance with this chapter
on any person who violates this code or any regulation adopted
to carry out this code, and, with the exercise of due care, should
have known that the birds, mammals, amphibians, reptiles, or fish, or
the endangered or threatened species, or the fully protected birds,
mammals, or fish were taken, possessed, transported, imported,
received, purchased, acquired, or sold in violation of, or in a
manner unlawful under, this code, may be assessed a civil
penalty code . The civil penalty imposed under
this chapter by the department shall not be more than ten
forty thousand dollars ($10,000)
($40,000) for each bird, mammal, amphibian,
reptile, or fish, or for each endangered or threatened species, or
each fully protected bird, mammal, or fish unlawfully taken,
possessed, transported, imported, received, purchased, acquired, or
sold. This civil penalty may be in addition to any other penalty,
civil or criminal, provided in this code or otherwise by law.
(b) No A civil
penalties penalty shall not be
imposed under this chapter until the guidelines for the imposition of
the penalties are adopted by the commission pursuant to Section 500.
SEC. 2. Section 2588 of the Fish and Game Code is amended to read:
2588. All (a)
Except as provided in subdivision (b), civil penalties and
revenues from forfeitures collected pursuant to this chapter shall be
deposited in the Fish and Game Preservation Fund.
(b) Notwithstanding any other provision of this code, all
civil penalties and other revenues pursuant to this chapter that
relate to the following game species or parts thereof shall be
deposited as follows:
(1) For waterfowl violations, revenues shall be deposited in
the Duck Stamp Account established in Section 3701.
(2) For upland game violations, revenues shall be deposited
in the Upland Game Bird Account established in Section 3684.
(3) For big game violations, revenues shall be deposited in
the Big Game Management Account established in Section 3953.
SEC. 3. Section 12000 of the Fish and Game Code is amended to
read:
12000. (a) Except as otherwise expressly provided
otherwise in this code, any violation of this
code, or of any rule, regulation, or order made or adopted under this
code, is a misdemeanor.
(b) Notwithstanding subdivision (a), any person who violates any
of the following statutes or regulations is guilty of an infraction
punishable by a fine of not less than one hundred dollars ($100) and
not to exceed one thousand dollars ($1,000), or of a misdemeanor:
(1) Section 2009.
(2) Subdivision (a) of Section 6596.
(3) Section 7149.8.
(4) Section 7360.
(5) Sections 1.14, 1.17, 1.18, 1.62, 1.63, and 1.74 of Title 14 of
the California Code of Regulations.
(6) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive,
of Title 14 of the California Code of Regulations.
(7) Sections 27.56 to 30.10, inclusive, of Title 14 of the
California Code of Regulations.
(8) Sections 40 to 43, inclusive, of Title 14 of the California
Code of Regulations.
(9) Sections 307, 308, and 311 to 313, inclusive, of Title 14 of
the California Code of Regulations.
(10) Sections 505, 507 to 510, inclusive, and 550 to 553,
inclusive, of Title 14 of the California Code of Regulations.
(11) Sections 630 to 630.5, inclusive, of Title 14 of the
California Code of Regulations.
SEC. 4. Section 12013.3 is added to the Fish and Game Code, to
read:
12013.3. (a) Any person who knowingly and illegally takes a
trophy deer, elk, antelope, or bighorn sheep in any of the following
ways shall be subject to a fine of not less than five thousand
dollars ($5,000), nor more than forty thousand dollars ($40,000), or
imprisonment in the county jail for not more than one year, or both
that fine and imprisonment:
(1) Outside the legal season.
(2) With the aid of artificial light.
(3) With the aid of bait.
(4) Results in unnecessary and wanton waste of game.
(b) The commission shall adopt regulations to implement this
section, including establishing a trophy designation and monetary
value based on the size or related characteristics of deer, elk,
antelope, and bighorn sheep or parts thereof.
(c) All revenue from fines imposed pursuant to this section shall
be deposited in the Big Game Management Account established in
Section 3953.
SEC. 5. Section 12013.5 is added to the Fish and Game Code, to
read:
12013.5. (a) Any person who uses a signal-emitting device in
conjunction with the take of bear for the purpose of selling or
trafficking in bear parts shall be subject to a fine of ten times the
market value of the bear parts, or ten thousand dollars ($10,000),
whichever is greater. For purposes of this section, a
"signal-emitting device" means any device capable of generating
radio, cellular, satellite, or other signal transmission for purposes
of providing communication or location information.
(b) The commission shall adopt regulations to implement this
section, including, but not limited to, establishing a market value
for bear parts.
(c) All revenue from fines imposed pursuant to this section shall
be deposited in the Big Game Management Account established in
Section 3953.
SEC. 6. Section 12154 of the Fish and Game Code is amended to
read:
12154. (a) Upon a conviction of a violation of Section
12012 or 12013, 12012, 12013, 12013.3 ,
or 12013.5, the department may suspend or
permanently revoke a person's hunting or sport fishing license or
permit privileges. Any person whose privileges are suspended or
revoked pursuant to this section may appeal the suspension or
revocation to the commission. The commission shall initiate the
appeal process within 12 months of the violator's appeal request. The
department may adopt regulations to implement this subdivision.
(b) Pursuant to subdivision (c) of Section 12157, a judge may
order the seizure or forfeiture of any device or apparatus, including
a vessel, vehicle, or hunting or fishing gear, that is used in
committing an offense punishable under Section 12012 or
12013 12012, 12013, 12013.3 , or
12013.5 .
SEC. 7. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.