Bill Text: CA AB1162 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Wildlife: poaching.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2012-09-26 - Chaptered by Secretary of State - Chapter 590, Statutes of 2012. [AB1162 Detail]

Download: California-2011-AB1162-Amended.html

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BILL NUMBER: AB 1162	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2011

INTRODUCED BY   Assembly Member Chesbro
   (Coauthor: Senator Berryhill)

                        FEBRUARY 18, 2011

   An act to amend Sections 2583,  2588,  12000, and
12154 of, and to add Sections 12013.3 and 12013.5 to, the Fish and
Game Code, relating to wildlife.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1162, as amended, Chesbro. Wildlife: poaching.
   (1) Existing law regulates the taking or possession of birds,
mammals, fish, amphibians, and reptiles. Existing law relating to the
control of illegally taken fish and wildlife authorizes the
imposition of a civil penalty, not to exceed $10,000, on any person
who violates the Fish and Game Code or any regulation adopted to
carry out that code, and, with the exercise of due care, should have
known that the  birds, mammals, amphibians, reptiles, or
fish, or the endangered or threatened species, or the fully protected
birds, mammals, or fish   specified animals  were
taken, possessed, transported, imported, received, purchased,
acquired, or sold in violation of, or in a manner unlawful under,
existing law. Existing law requires those civil penalties to be
deposited in the Fish and Game Preservation Fund.
   This bill would increase the maximum civil penalty for a violation
of the above provisions from $10,000 to $40,000.  The bill
would require revenues from civil penalties that relate to certain
game species or parts thereof to be deposited in specified accounts
within the fund.
   (2) Existing law provides that, 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.
   This bill would make a technical, nonsubstantive change to that
provision.
   (3) Existing law provides 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. Existing law authorizes the
department, upon a conviction of certain violations  ,  to
suspend or permanently revoke a person's hunting or sport fishing
license or permit privileges and authorizes the  seizure or 
forfeiture of any device or apparatus  , including a vessel,
vehicle, or hunting or fishing gear,  used in the
commission of specified offenses.
   This bill would subject any person who knowingly and illegally
takes a trophy deer, elk, antelope,  wild turkey,  or
bighorn sheep in specified ways 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 subject any person who uses a signal-emitting device, as
defined, in conjunction with the take of bear for the purpose of
selling or trafficking in bear parts to a fine of 10 times the market
value of the bear parts, or $10,000, whichever is greater. The bill
would require the Fish and Game Commission to adopt regulations to
implement these provisions, and would require all revenue from fines
imposed pursuant to these provisions to be deposited in the Big Game
Management Account  or the Upland Game Bird A   ccount,
based on the violation  . The bill would include those offenses
in those suspension, revocation, and forfeiture provisions. By
creating new crimes, this bill would impose a state-mandated local
program.
   (4)   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2583 of the Fish and Game Code is amended to
read:
   2583.  (a) Except as provided in subdivision (b), the department
may impose a civil penalty in accordance with this chapter on any
person who violates this code or any regulation adopted to carry out
this code, and, with the exercise of due care, should have known that
the birds, mammals, amphibians, reptiles, or fish, or the endangered
or threatened species, or the fully protected birds, mammals, or
fish were taken, possessed, transported, imported, received,
purchased, acquired, or sold in violation of, or in a manner unlawful
under, this code. The civil penalty imposed under this chapter by
the department shall not be more than forty thousand dollars
($40,000) for each bird, mammal, amphibian, reptile, or fish, or for
each endangered or threatened species, or each fully protected bird,
mammal, or fish unlawfully taken, possessed, transported, imported,
received, purchased, acquired, or sold. This civil penalty may be in
addition to any other penalty, civil or criminal, provided in this
code or otherwise by law.
   (b) A civil penalty shall not be imposed under this chapter until
the guidelines for the imposition of the penalties are adopted by the
commission pursuant to Section 500. 
  SEC. 2.    Section 2588 of the Fish and Game Code
is amended to read:
   2588.  (a)  Except as provided in subdivision (b), civil penalties
and revenues from forfeitures collected pursuant to this chapter
shall be deposited in the Fish and Game Preservation Fund.
   (b) Notwithstanding any other provision of this code, all civil
penalties and other revenues pursuant to this chapter that relate to
the following game species or parts thereof shall be deposited as
follows:
   (1) For waterfowl violations, revenues shall be deposited in the
Duck Stamp Account established in Section 3701.
   (2) For upland game violations, revenues shall be deposited in the
Upland Game Bird Account established in Section 3684.
   (3) For big game violations, revenues shall be deposited in the
Big Game Management Account established in Section 3953. 
   SEC. 3.   SEC. 2.   Section 12000 of the
Fish and Game Code is amended to read:
   12000.  (a) Except as otherwise expressly provided in this code,
any violation of this code, or of any rule, regulation, or order made
or adopted under this code, is a misdemeanor.
   (b) Notwithstanding subdivision (a), any person who violates any
of the following statutes or regulations is guilty of an infraction
punishable by a fine of not less than one hundred dollars ($100) and
not to exceed one thousand dollars ($1,000), or of a misdemeanor:
   (1) Section 2009.
   (2) Subdivision (a) of Section 6596.
   (3) Section 7149.8.
   (4) Section 7360.
   (5) Sections 1.14, 1.17, 1.18, 1.62, 1.63, and 1.74 of Title 14 of
the California Code of Regulations.
   (6) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive,
of Title 14 of the California Code of Regulations.
   (7) Sections 27.56 to 30.10, inclusive, of Title 14 of the
California Code of Regulations.
   (8) Sections 40 to 43, inclusive, of Title 14 of the California
Code of Regulations.
   (9) Sections 307, 308, and 311 to 313, inclusive, of Title 14 of
the California Code of Regulations.
   (10) Sections 505, 507 to 510, inclusive, and 550 to 553,
inclusive, of Title 14 of the California Code of Regulations.
   (11) Sections 630 to 630.5, inclusive, of Title 14 of the
California Code of Regulations.
   SEC. 4.   SEC. 3.   Section 12013.3 is
added to the Fish and Game Code, to read:
   12013.3.  (a) Any person who knowingly and illegally takes a
trophy deer, elk, antelope,  or bighorn sheep  
bighorn sheep, or wild turkey  in any of the following ways
shall be subject to a fine of not less than five thousand dollars
($5,000), nor more than forty thousand dollars ($40,000), or
imprisonment in the county jail for not more than one year, or both
that fine and imprisonment:
   (1) Outside the legal season.
   (2) With the aid of artificial light.
   (3) With the aid of bait.
   (4) Results in unnecessary and wanton waste of game.
   (b) The commission shall adopt regulations to implement this
section, including establishing a trophy designation and monetary
value based on the size or related characteristics of deer, elk,
antelope,  and bighorn sheep   bighorn sheep,
and wild turkeys  or parts thereof.
   (c) All revenue from fines imposed pursuant to this section 
for deer, elk, antelope, and bighorn sheep violations  shall be
deposited in the Big Game Management Account established in Section
3953  and shall be used for the big game management purposes
described in that section  . 
   (d) All revenue from fines imposed pursuant to this section for
wild turkey violations shall be deposited in the Upland Game Bird
Account established in Section 3684 and shall be used for the upland
game bird conservation purposes described in that section.  

   (e) Moneys equivalent to 50 percent of the revenue from any fine
collected pursuant to this section shall be paid to the county in
which the offense was committed, pursuant to Section 13003. The
county board of supervisors shall first use revenues pursuant to this
subdivision to reimburse the costs incurred by the district attorney
or city attorney in investigating and prosecuting the violation. Any
excess revenues may be expended in accordance with Section 13103.

  SEC. 5.   SEC. 4.   Section 12013.5 is
added to the Fish and Game Code, to read:
   12013.5.  (a) Any person who uses a signal-emitting device in
conjunction with the take of bear for the purpose of selling or
trafficking in bear parts shall be subject to a fine of ten times the
market value of the bear parts, or ten thousand dollars ($10,000),
whichever is greater. For purposes of this section, a
"signal-emitting device" means any device capable of generating
radio, cellular, satellite, or other signal transmission for purposes
of providing communication or location information.
   (b) The commission shall adopt regulations to implement this
section, including, but not limited to, establishing a market value
for bear parts.
   (c) All revenue from fines imposed pursuant to this section shall
be deposited in the Big Game Management Account established in
Section 3953  and shall be used for the big game management
purposes described in that section  . 
   (d) Moneys equivalent to 50 percent of the revenue from any fine
collected pursuant to this section shall be paid to the county in
which the offense was committed, pursuant to Section 13003. The
county board of supervisors shall first use revenues pursuant to this
subdivision to reimburse the costs incurred by the district attorney
or city attorney in investigating and prosecuting the violation. Any
excess revenues may be expended in accordance with Section 13103.

   SEC. 6.   SEC. 5.   Section 12154 of the
Fish and Game Code is amended to read:
   12154.  (a) Upon a conviction of a violation of Section 12012,
12013, 12013.3, or 12013.5, the department may suspend or permanently
revoke a person's hunting or sport fishing license or permit
privileges. Any person whose privileges are suspended or revoked
pursuant to this section may appeal the suspension or revocation to
the commission. The commission shall initiate the appeal process
within 12 months of the violator's appeal request. The department may
adopt regulations to implement this subdivision.
   (b) Pursuant to subdivision (c) of Section 12157, a judge may
order the seizure or forfeiture of any device or apparatus, including
a vessel, vehicle, or hunting or fishing gear, that is used in
committing an offense punishable under Section 12012, 12013, 12013.3,
or 12013.5.
   SEC. 7.   SEC. 6.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.