AB 708 — Fish and wildlife: poaching.

Summary

Existing law regulates the taking or possession of birds, mammals, fish, amphibians, and reptiles. 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. Existing law specifically imposes a fine of up to $30,000 or up to one year of imprisonment, or both, for the knowing unlawful taking of listed animals for commercial purposes, for the knowing unlawful possession for commercial purposes of any part of a mountain lion, bear, wild pig, bighorn sheep, elk, antelope, or deer, a pelt of a furbearing mammal, a live reptile or amphibian, any fully protected, threatened, or endangered species, or any quantity of fish or shellfish in excess of the quantity permitted by the code, and for the knowing unlawful sale for commercial purposes, or the unlawful possession with the intent to sell, of any part of, or product made from, any wildlife. Existing law, except as specified, also prohibits any person convicted of a violation punishable under those unlawful taking and possession and sale provisions from thereafter taking wildlife in this state for a period of not less than one year from the date of conviction, and provides for the revocation of related entitlements. Existing law prohibits a person, upon the 3rd conviction of a specified violation relating to the taking or possession of fish, reptiles, or amphibia, or parts thereof, in any 5-year period, and upon any subsequent conviction during a 5-year period, from taking any fish, reptiles, or amphibia in the state for 3 years from the date of the last conviction, and requires the Fish and Game Commission to revoke the sport fishing license of such a person for the period of the prohibition. This bill would delete those unlawful taking and possession and sale provisions and those specific taking and entitlement prohibitions. The bill would, instead, except as specified, provide 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. The bill would increase the fine for a 2nd or subsequent violation. The bill would require that moneys equivalent to 50% of the revenue deposited in the Fish and Game Preservation Fund from fines and forfeitures collected pursuant to these provisions be allocated for the support of the Special Operations Unit of the Department of Fish and Game and used for law enforcement purposes and 50% of the revenue from a fine be paid to the county in which the offense was committed. The bill would require the county board of supervisors to first use those revenues to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation and would authorize the expenditure of any excess revenues in accordance with specified existing law. The bill would provide that any person who illegally takes or possesses in the field more than 3 times the daily bag limit, or who illegally possesses more than 3 times the legal possession limit, of fish, reptiles, birds, amphibians, or mammals is guilty of a misdemeanor subject 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 increase the fine for a 2nd or subsequent violation. The bill, except as specified, would provide that any person who maliciously and intentionally maims, mutilates, or physically tortures any fish, reptile, bird, amphibian, or mammal provided for in the code is guilty of a crime punishable as prescribed. The bill would require that 50% of the revenue from a fine collected pursuant to these provisions be paid to the county in which the offense was committed. The bill would require the county board of supervisors to first use those revenues to reimburse the costs incurred by the district attorney or city attorney in investigating and prosecuting the violation and would authorize the expenditure of any excess revenues in accordance with specified existing law. The bill would authorize the department, upon a conviction of certain violations, to suspend or permanently revoke a person's hunting or sport fishing license or permit privileges. The bill would authorize any person whose privileges are suspended or revoked to appeal the suspension or revocation to the commission, and would require the commission to initiate the appeal process within 12 months of the violator's appeal request. The bill would authorize the department to adopt regulations to implement those suspension and revocation provisions. The bill would authorize the forfeiture of any device or apparatus, including a vessel, vehicle, or hunting or fishing gear, used in the commission of specified offenses. The bill, by creating new crimes, would impose a state-mandated local program. 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.

Bill Text

• Chaptered 10/11/09 - Chaptered Current pdf October 11, 2009
• Enrolled 09/09/09 - Enrolled pdf September 09, 2009
• Amended 08/19/09 - Amended Senate pdf August 19, 2009
• Amended 07/14/09 - Amended Senate pdf July 14, 2009
• Amended 06/26/09 - Amended Senate pdf June 26, 2009
• Amended 06/17/09 - Amended Senate pdf June 17, 2009
• Amended 04/20/09 - Amended Assembly pdf April 20, 2009
• Introduced 02/26/09 - Introduced pdf February 26, 2009
• AB708 View text html

Action History

1. October 11, 2009

   Chaptered by Secretary of State - Chapter 290, Statutes of 2009.

2. October 11, 2009

   Approved by the Governor.

3. September 11, 2009

   Enrolled and to the Governor at 7 p.m.

4. September 03, 2009

   Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 2997.)

5. September 03, 2009

   Assembly Rule 77 suspended. (Page 2970.)

6. September 02, 2009

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

7. September 01, 2009

   Read third time, passed, and to Assembly. (Ayes 35. Noes 0. Page 2053.)

8. August 19, 2009

   Read second time and amended. Ordered to third reading.

9. August 18, 2009

   From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

10. July 14, 2009

    Read second time, amended, and re-referred to Com. on APPR.

11. July 13, 2009

    From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 7).

12. June 26, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

13. June 23, 2009

    From committee: Do pass, and re-refer to Com. on PUB. S. Re-referred. (Ayes 11. Noes 0.) (June 23).

14. June 17, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

15. June 04, 2009

    Referred to Coms. on N.R. & W. and PUB. S.

16. May 21, 2009

    In Senate. Read first time. To Com. on RLS. for assignment.

17. May 21, 2009

    Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1628.)

18. May 18, 2009

    Read second time. To Consent Calendar.

19. May 14, 2009

    From committee: Do pass. To Consent Calendar. (May 13).

20. April 29, 2009

    From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 13. Noes 0.) (April 28).

21. April 21, 2009

    Re-referred to Com. on W.,P. & W.

22. April 20, 2009

    From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P. & W. Read second time and amended.

23. April 14, 2009

    In committee: Set, first hearing. Further hearing to be set.

24. March 23, 2009

    Referred to Com. on W.,P. & W.

25. February 27, 2009

    From printer. May be heard in committee March 29.

26. February 26, 2009

    Read first time. To print.

Sponsors

• Fletcher · Cosponsor
• Strickland · Cosponsor
• Huffman · Primary
• Krekorian · Cosponsor
• Bill Berryhill · Cosponsor

Votes

Subjects