BILL ANALYSIS �
AB 1162
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1162 (Chesbro)
As Amended August 21, 2012
Majority vote
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|ASSEMBLY: |60-16|(June 2, 2011) |SENATE: |37-0 |(August 27, |
| | | | | |2012) |
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Original Committee Reference: W., P. & W.
SUMMARY : Increases penalties for poaching involving trophy
hunting.
The Senate amendments :
1)Delete provisions increasing the maximum civil penalty for
violations of the Fish and Game Code involving the knowing
unlawful take of species from $10,000 to $40,000.
2)Modify fines for a knowing violation and conviction of certain
actions involving the taking of a trophy animal to be not less
than $5,000 nor more than $40,000 for violations involving the
take of trophy deer, elk, antelope or Big Horn sheep, and not
less than $2,000 nor more than $5,000 for wild turkey
violations. Actions which would be subject to the enhanced
fine include unlawful takings out of season, violations
involving the unlawful use of artificial lights or scopes,
waste of a carcass, unlawful take with use of bait, and take
of deer, elk, antelope or bighorn sheep without a required
license, tag or permit.
3)Delete requirement for the Fish and Game Commission (FGC) to
adopt regulations to implement the penalty enhancement for
convictions involving the 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.
4)Provide that in response to an appeal to the FGC of a
suspension or revocation of a hunting or fishing license by
the DFG, the FGC shall consider at least the nature,
circumstances, extent, and gravity of the violation, the
person's culpability, and the injury to natural resources, and
may restore the person's license or permit privileges.
AB 1162
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5)Repeal a section of existing law making it unlawful to take
any animal or to discharge any firearm upon any land that is
posted with signs at specified intervals and size indicating
private property no trespassing. Amend another section of
existing law that currently makes it unlawful to enter lands
for the purpose of hunting where signs forbidding trespass are
displayed, to also apply if signs forbidding hunting or both
trespass and hunting, are displayed.
6)Make other technical changes.
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.
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
AB 1162
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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.
AS PASSED BY THE ASSEMBLY , this bill increased the maximum civil
penalty which 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, and established 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 would 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. The penalty for a second or subsequent
violation would be not less than $10,000 or more than $50,000,
or up to one year in county jail, or both the fine and
imprisonment. This bill also made 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, and required the FGC to
adopt regulations to implement that prohibition.
FISCAL EFFECT : According to the Senate Appropriations
Committee, unknown likely minor increase in fine revenue,
enforcement costs absorbable within existing resources, and
one-time costs up to $150,000 for FGC to adopt regulations
(special funds).
COMMENTS : This bill enhances the penalties for certain poaching
violations involving the take of trophy animals. The purpose of
this bill, as articulated by the author, 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. The Senate amendments reduce the authorized fines
for take of wild turkey, delete provisions increasing the
allowable civil administrative penalties for unlawful take,
AB 1162
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modify the types of violations subject to the enhanced penalty
fines, and remove the requirement for FGC to adopt regulations
regarding enhanced fines for unlawful take of bear for the
purpose of trafficking in bear parts with signal-emitting
devices. The amendments also require the FGC to consider
certain factors in ruling on appeals of licensing revocations or
suspensions, and clarify the FGC's authority to reinstate a
license or permit.
The repeal of Fish and Game Code Section 2017 prohibiting
hunting on private property that is posted private property no
hunting should not have a material effect, since Section 2016
making it unlawful to hunt on private property that is posted
with signs prohibiting trespass or hunting, or both, would still
apply.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0005273