BILL ANALYSIS
AB 708
Page 1
Date of Hearing: April 28, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
AB 708 (Huffman) - As Amended: April 20, 2009
SUBJECT : Fish and Wildlife: Poaching
SUMMARY : Increases penalties for serious poaching violations
by establishing minimum fines and increasing maximum penalties
for poaching committed for profit or personal gain, for taking
or possessing three times the legal bag limit, and for the
torture or mutilation of wildlife. Specifically, this bill :
1)Makes any person who illegally takes, possesses, imports,
exports, sells, purchases, or trades any amphibian, bird,
fish, mammal, or reptile for profit or personal gain guilty of
a misdemeanor, punishable by a fine of not less than $5,000 or
more than $40,000, not more than one year in county jail, or
both the fine and imprisonment. Makes any person convicted of
a second or subsequent violation punishable by a fine of not
less than $10,000 or more than $50,000, not more than one year
in jail, or both the fine and imprisonment. Provides that 50%
of the revenue from these fines shall be allocated for support
of the Special Operations Unit of the Department of Fish and
Game (DFG) and used for law enforcement.
2)Makes any person who illegally takes or possesses in the field
more than three times the daily bag limit, or who illegally
possesses more than three times the legal possession limit, of
fish, reptiles, birds, amphibians, or mammals, guilty of a
misdemeanor punishable by a fine of not less than $5,000 nor
more than $40,000, not more than one year in jail, or both the
fine and imprisonment. Makes any person convicted of a second
or subsequent violation punishable by a fine of not less than
$10,000 or more than $50,000, up to one year in jail, or both
the fine and imprisonment.
3)Makes any person who maliciously or intentionally maims,
mutilates or tortures wildlife punishable by a minimum fine of
$5,000 and not more than $40,000, up to one year in jail, or
both the fine and imprisonment. Clarifies that this provision
does not affect any legal hunting, fishing or trapping
activities, including efforts to dispatch wounded mammals,
birds or fish taken lawfully.
AB 708
Page 2
4)Authorizes DFG, upon a conviction of the above provisions to
suspend or permanently revoke the person's hunting or sport
fishing license. Gives anyone whose hunting or fishing
privileges are suspended or revoked to appeal that decision to
the Fish and Game Commission (FGC). Requires FGC to initiate
the appeal process within twelve months of request, and
authorizes DFG to adopt implementing regulations.
5)States various legislative findings and declarations regarding
the growing threats posed by illegal and egregious poaching of
wildlife, and states the intent of the Legislature to enhance
penalties for poaching violations.
EXISTING LAW :
1)Makes a violation of most provisions of the Fish and Game Code
a misdemeanor, punishable by a fine of not more than $1,000,
imprisonment in county jail for not more than 6 months, or
both the fine and imprisonment. Certain violations are
subject to a penalty of not more than $2,000 and up to one
year in jail, including, for example, unlawful taking or
possession of wildlife within a game refuge. The knowing or
intentional taking of mammals, birds or fish in excess of
quantity, size or sex limitations is subject to a minimum fine
of $250 for a first violation, $500 and not less than 30 days
in jail for a second or subsequent violation, and a maximum
fine of $2,000 and up to one year in jail. Taking of a mammal
or bird without a hunting license as required is similarly
subject to a minimum fine of $250, and a maximum fine of
$2,000 and up to one year in jail.
2)Makes the knowing and unlawful taking for commercial purposes
of a mammal, bird, amphibian, reptile or fish, punishable by a
fine of not more than $30,000 or up to one year in jail, or
both the fine and imprisonment. Makes the knowing and
unlawful possession for commercial purposes of certain
specified animals, and the knowing and unlawful sale for
commercial purposes of any wildlife, also punishable by a fine
of not more than $30,000 or up to one year in jail, or both
the fine and imprisonment. Provides for additional penalties
for a second or subsequent violation involving bear parts.
AB 708
Page 3
Makes the illegal taking of abalone punishable by a fine of
not less than $15,000 and not more than $40,000, up to one
year in jail, or by both the fine and penalty.
3)Prohibits anyone convicted of unlawfully taking wildlife for
commercial purposes from hunting or fishing for a minimum of
one year. Prohibits anyone with three or more convictions
within 5 years for the unlawful taking or possession of fish,
reptiles or amphibians from taking any fish, reptiles or
amphibians for a minimum of 3 years. Requires the FGC to
revoke the sport fishing license of the person prohibited from
taking fish, reptiles or amphibians for the period of
probation.
4)Defines commercial purposes to mean for profit or personal
gain.
FISCAL EFFECT : Potential increase to Fish and Game
Preservation Fund from increased fine revenue.
COMMENTS : The author has introduced this bill to enhance
penalties for egregious poaching violations which are on the
rise. The author notes that illegal taking of fish and
wildlife, including the egregious poaching of birds, deer, bear,
fish and abalone, poses a serious threat to California's
wildlife species and biodiversity. Not since the early 1900s
has the state experienced such high levels of poaching. The
most recent statistics collected by DFG show that between 2005
and 2007 poaching-related violations increased by 25%, and
between 2003 and 2007 the number of violations more than
doubled. California is particularly vulnerable to poaching
because current fines and penalties have proved insufficient to
serve as an effective deterrent. Currently, there are no
minimum mandatory fines for most serious poaching violations and
many violators are fined very small amounts which are not enough
to deter poachers who are financially profiting from the
activity. This bill establishes minimum fines, and increases
maximum penalties for egregious poaching violations committed
for profit or personal gain.
According to DFG, poaching cases have increased as the economy
has declined. On the commercial black market, certain species
can be sold to consumers, restaurants and retailers at a profit
that exceeds the penalties imposed if an individual is caught.
Many species are affected, including abalone, lobster, sturgeon,
AB 708
Page 4
birds, deer and antelope. Two recent examples in 2008 include a
man arrested in Tuolomne County when wardens found 26 deer
carcasses on his property, and a man in Gilroy arrested with
over 335 birds of numerous species, including waterfowl and
sandhill cranes, a species of special concern in California.
Support Arguments : Supporters note that given the recent rise
in illegal poaching and commercialization of deer, antelope and
waterfowl, DFG needs additional support if it is to meet its
public trust responsibilities. This bill seeks to help combat
illegal commercialization and egregious poaching of fish and
game, without adding burdens on law abiding hunters and anglers.
Supporters also note that California's dedicated and hard
working game wardens are not responsible for the rise in
poaching, noting that California has the lowest number of
wardens per resident of any state in the nation. In 2008
California had less than 200 game wardens on active duty to
patrol millions of acres and thousands of miles of coastline.
This bill provides additional tools to help combat the growing
threat of poaching by providing stronger deterrents, especially
for repeat offenders.
REGISTERED SUPPORT / OPPOSITION :
Support
Audubon California
Born Free USA
California Animal Association
California Outdoor Heritage Association
The Humane Society of the United States
San Francisco District Attorney Kamala Harris
Opposition
None on File
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096