BILL ANALYSIS
AB 708
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 708 (Huffman)
As Amended August 19, 2009
Majority vote
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|ASSEMBLY: |77-0 |(May 21, 2009) |SENATE: |35-0 |(September 1, |
| | | | | |2009) |
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Original Committee Reference: W., P. & W.
SUMMARY : Increases penalties for serious poaching violations by
establishing minimum fines and increasing maximum penalties for
poaching committed for profit or personal gain, or for taking or
possessing three times the legal bag limit or legal possession
limit.
The Senate amendments :
1)Modify the legislative findings on the number of poaching
incidents and the holding of fish and wildlife in trust for
the people of the state.
2)Increase the penalty for a second or subsequent violation of
poaching for profit or personal gain to $50,000 when the
violation involves the unlawful use of a gill net.
3)Require 50% of the revenue from fines for poaching for profit
or for taking or possession in excess of three times the legal
bag limit or lawful possession limit to go to the county where
the offense was committed, and require county boards of
supervisors to first use the revenues to reimburse district
attorney and city attorney costs in investigating and
prosecuting the violation, with any excess revenues to be
expended for the purposes for which county fish and wildlife
propagation funds may be used under existing law.
4)Provide that this bill does not prohibit a person from giving,
receiving or possessing the legal possession limit of lawfully
taken fish, reptiles, birds, amphibians, or mammals, or from
possessing at a personal abode lawfully taken migratory game
birds that are not required to be tagged.
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5)Authorize a judge to order the seizure or forfeiture of any
device, including a vessel, vehicle, or hunting or fishing
gear used in poaching for profit or personal gain, or in
excess of three times the legal bag limit or possession limit.
6)Clarify that the punishment specified in this bill for
physically torturing an animal does not affect legal activity,
including but not limited to, hunting, fishing, trapping,
hunting dog training or field trials, predation control, and
efforts to dispatch a wounded animal taken legally.
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, 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. 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
AB 708
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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 a person prohibited from
taking fish, reptiles or amphibians for the period of
probation.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill enhances penalties for egregious poaching
violations which have been increasing in California in recent
years. Currently, there are no minimum mandatory fines for most
serious poaching violations and typical penalties are often 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. This bill also provides additional
tools to help combat the growing threat of poaching by providing
stronger deterrents, particularly for repeat offenders. The
Senate amendments, among other things, authorize a judge to
order seizure or forfeiture of equipment used in committing
poaching violations. The Senate amendments also provide that a
portion of the fines shall go to reimbursing district attorneys
and city attorneys for investigatory and prosecution costs.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
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