BILL ANALYSIS �
AB 1162
Page 1
Date of Hearing: April 5, 2011
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 1162 (Chesbro) - As Introduced: February 18, 2011
(As Proposed to be Amended)
SUBJECT : Wildlife: Poaching
SUMMARY : Increases civil and criminal penalties for various
types of poaching violations, including trophy hunting.
Specifically, this bill :
1)Increases the maximum civil penalty which the Department of
Fish and Game (DFG) is allowed to assess for a violation of
the Fish and Game Code from $10,000 to $40,000 for each animal
unlawfully taken.
2)Requires that all civil penalties and revenues from
forfeitures collected by the Department for the illegal take
of fish and wildlife that relate to the take of specified game
species shall be deposited and used as follows:
a) For waterfowl violations, in the Duck Stamp Account
and used only for waterfowl conservation.
b) For upland game violations, in the Upland Game Bird
Account and used only for upland game bird conservation.
c) For big game violations, in the Big Game Management
Account and used only for big game management.
1)Establishes a new criminal penalty for any person who
knowingly and illegally takes a trophy deer, elk, antelope,
bighorn sheep or wild turkey outside the legal season, with
aid of artificial light, with the aid of bait, or in a manner
that results in unnecessary and wanton waste of game. The
penalty for such offense shall be not less than $5,000 nor
more than $40,000, or up to one year in county jail, or both
the fine and imprisonment.
2)Requires the Fish and Game Commission (FGC) to adopt
regulations to implement the new penalty on trophy poaching,
including a trophy designation and monetary value based on the
size or related characteristics of deer, elk, antelope,
bighorn sheep or wild turkey.
3)Requires that all revenue from fines for trophy poaching be
AB 1162
Page 2
deposited in the Big Game Management Account and used for big
game management, except that fines for wild turkey poaching
violations would be deposited in the Upland Game Bird Account.
4)Makes it unlawful for any person to use a signal-emitting
device in conjunction with the take of a bear for the purpose
of selling or trafficking in bear parts, subject to a fine of
ten times the market value of the bear parts, or $10,000,
whichever is greater. Defines "signal-emitting device" as any
device capable of generating radio, cellular, satellite, or
other signal transmission for purposes of providing
communication or location information.
5)Requires the FGC to adopt regulations to implement the
prohibition on use of signal-emitting devices for the take of
bear for the purpose of selling or trafficking in bear parts,
including establishing a market value for bear parts.
6)Requires that all revenues from fines for use of
signal-emitting devices for take of bear for the purpose of
selling or trafficking in bear parts shall be deposited in the
Big Game Management Account and used for big game management.
7)Authorizes DFG to suspend or permanently revoke a person's
hunting license for a violation of the prohibitions on trophy
poaching of big game or use of signal-emitting devices for
take of bear for the purpose of selling or trafficking in bear
parts, and authorizes a judge to order the seizure or
forfeiture of any device or apparatus used in committing such
an offense.
EXISTING LAW :
1)Authorizes DFG to assess a civil penalty of not more than
$10,000 for each animal illegally taken, and requires that
those penalties be deposited in the Fish and Game Preservation
Fund.
2)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 the 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.
AB 1162
Page 3
3)Provides that anyone who illegally takes or possesses wildlife
for profit or personal gain is guilty of a misdemeanor
punishable by a fine of not less than $5,000 and not more than
$40,000, or imprisonment in county jail for up to one year, or
both the fine and imprisonment. A second or subsequent
violation is subject to a penalty of up to $50,000, or one
year in jail, or both the fine and imprisonment.
4)Provides that anyone who illegally takes or possesses in the
field more than three times the daily bag limit or possesses
more than three times the legal possession limit is guilty of
a misdemeanor and subject to a fine of not less than $5,000
and not more than $40,000, or one year in jail, or both the
fine and imprisonment. A second or subsequent violation is
subject to a penalty of not less than $10,000 or more than
$50,000, or up to one year in jail, or both the fine and
imprisonment.
5)Authorizes DFG to suspend or permanently revoke a person's
hunting license for illegally taking wildlife for profit or
personal gain, or for illegally taking or possessing in the
field more than three times the daily bag limit.
6)Authorizes a judge to order the seizure or forfeiture of any
device or apparatus used in committing the offense of poaching
for profit or personal gain, or for take or possession of
three times the legal bag limit.
FISCAL EFFECT : Unknown
COMMENTS : The author indicates that the purpose of this bill is
to ensure that poachers pay back the full value of the wildlife
resources they took from the public by increasing fines and
other penalties for egregious violations, particularly those
involving trophy game animals, to more accurately reflect the
value of those resources. In the last several years in
California there have been a number of high-profile poaching
cases involving big game, including the illegal take of trophy
mule deer from Yosemite National Park and the shooting and
subsequent abandonment of two elk at Fort Hunter Liggett in
Monterey County. Deer violations, as compared to other wildlife
species, are also one of the most common Fish and Game Code
violations, with many deer targeted solely for their antlers or
size. While higher fines will create a deterrent for poaching
big game animals, financial penalties alone may be insufficient.
AB 1162
Page 4
This bill also authorizes DFG to revoke a violator's hunting
license for certain egregious violations, and a judge to order
seizure of equipment used in committing violations. The author
notes that Montana, Idaho, Ohio and Pennsylvania currently
authorize higher fines, longer revocations of hunting privileges
and/or felony charges for illegally taking trophy big game
animals. New Mexico authorizes increased civil liability for
taking trophy big game, wild turkey or trout/salmon out of
season, with the aid of artificial light, without a proper
license, exceeding the bag limit or resulting in waste of game.
The New Mexico State Game Commission defines the characteristics
which constitute a trophy animal and assigns a monetary value
for those characteristics.
Support Arguments : The California Outdoor Heritage Alliance
supports this bill because it would provide increased penalties
for serious poaching, including the intentional take of trophy
big game animals using illegal methods, and would help ensure
poachers pay back the full value of the wildlife they take from
the public by increasing fines and penalties to more accurately
reflect the market value of the wildlife. They note, for
example, that some deer, elk, antelope and bighorn sheep hunting
tags now sell for close to $100,000, whereas in many cases the
maximum fines for illegally taking them are only a fraction of
that amount. The California Fish and Game Wardens' Association
notes that wildlife crime is prevalent in California and wardens
are seeing unprecedented levels of poaching. They emphasize
that it is discouraging and affects warden morale to see
inappropriately low penalties imposed for egregious poaching of
big game.
The Humane Society supports this bill if amended, and objects to
the fact that the increased civil penalties apply only to
"trophy" or big game animals, and based on the size or related
characteristics of the animals. They argue this is an arbitrary
distinction that would unnecessarily complicate warden
investigations and undermine the gravity of poaching crimes that
involve non-trophy big game species. They request an amendment
that would apply the penalties to all big game species.
Related Legislation : AB 708(Huffman), Chapter 290, Statutes of
2009, increased 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
AB 1162
Page 5
limit.
Issues for Consideration : The provision of this bill which
requires civil penalties assessed for illegal take of waterfowl,
upland game birds, and big game species to be deposited in
separate subaccounts for each of those purposes, and limits the
use of those penalties to conservation or management of each
particular category of species, could restrict the Department's
flexibility to direct civil penalty revenues to the area of
greatest need. While an argument can be made that the civil
penalty revenue should not be used for totally unrelated
purposes, requiring that waterfowl penalties be used only for
waterfowl conservation, or big game penalties only for big game
management, could prevent the Department from pooling those
funds for use to enhance enforcement efforts generally, for
example, or to hire additional game wardens. The committee may
wish to consider whether requiring that civil penalty revenues
be divided into these siloed subaccounts is the best approach.
To give DFG greater flexibility, the committee may wish to
consider an amendment striking lines 23 through 37 on page 3
(SEC. 2.).
Sections 4 and 5 of this bill create new criminal penalties for
trophy poaching or take of bears with signal-emitting devices.
Those sections provide that the fines for violations of these
prohibitions be deposited in the Big Game Management Account and
used solely for big game management. Under current law, Fish
and Game Code Section 13003 provides that, unless otherwise
provided by law, all fines and forfeitures imposed or collected
in any court of this state for violations of the Fish and Game
Code shall be deposited with the county treasurer of the county
where the court is located and paid out monthly with half to the
State Treasurer for deposit into the Fish and Game Preservation
Fund, and half to the county in which the offense was committed.
The Department is authorized to use the share of the fines
deposited in the Fish and Game Preservation Fund to employ legal
counsel and to pay the costs of legal actions brought to enforce
the code by district attorneys, city attorneys, or the
department, as appropriate. This bill would instead, for these
two new categories of criminal fines, require that the fines be
deposited in the Big Game Management Account and used for big
game management. The committee may wish to consider whether
this is appropriate, or whether the county should continue to
receive a portion of the fine to cover local court costs and
district attorney costs, and to pay for the department's costs
AB 1162
Page 6
of enforcement. It should be noted that this bill is
double-referred to the Assembly Judiciary Committee which will
also review and analyze these sections.
REGISTERED SUPPORT / OPPOSITION :
Support
California Fish and Game Wardens' Association
California Outdoor Heritage Alliance
National Wild Turkey Federation
PAW PAC
The Humane Society (if amended)
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096