New Law Targets Poaching

[Cal Outdoor Heritage Alliance]

Sacramento, California – On October 11th, Governor Arnold Schwarzenegger signed Assembly Bill 708 (Huffman), a measure that seeks to combat illegal commercialization and egregious poaching of California’s fish and game resources by establishing mandatory minimum fines and jail time for those that violate the law.

Specifically, AB 708 would establish a fine of $5000 to $40,000 and/or impose a penalty of up to one year in county jail for violators who are convicted of illegally selling, purchasing, or trading any amphibian, bird, fish, mammal, or reptile for profit or personal gain. AB 708 also increases the fine and jail time for those who egregiously violate the daily bag limit or possession limit of fish, reptiles, birds, amphibians or mammals. Additionally, an individual convicted of violating any provision of AB 708 would be subject to possible permanent hunting or fishing license revocation.

“Poaching has, and continues to be a problem for certain species – most notably, big game. Several recent high profile poaching cases involving deer and antelope have further demonstrated the need for tougher criminal penalties for those who have no respect for the law,” stated Miles Moretti, President/ CEO of the Mule Deer Foundation and Board Member of the California Outdoor Heritage Alliance (COHA).

When AB 708 was first introduced it arguably cast far too wide a net and could have criminalized otherwise law abiding hunters and anglers. After working closely with Assembly Member Huffman, his staff, the Department of Fish and Game and other conservation partners, COHA was able to help amend AB 708 to more narrowly target illegal commercialization and flagrant poaching of California’s fish and game resources.

As signed by the Governor, AB 708 would only apply to those that illegally sell, purchase, or trade fish and game or to individuals that illegally possess more than three times the daily bag or possession limit. AB 708 also clarifies that an individual may possess unlabeled migratory birds, such as waterfowl, dove and band-tailed pigeons, as authorized by federal waterfowl regulations. Additionally, AB 708 does not impact a person’s ability to gift a possession limit of fish or game to another person, regardless of whether or not both parties reside in the same dwelling.

“Hunters pride themselves on protecting wildlife and thus have no respect for poachers. AB 708 strikes a better balance between cracking down on illicit poaching and commercialization of game species, while not inadvertently criminalizing law abiding sportsmen and women,” declared Jason Rhine, Director of Advocacy for the California Outdoor Heritage Alliance.

The California Outdoor Heritage Alliancelace is a 501(c) 4 non-profit political advocacy organization dedicated solely to the promotion of wildlife and the protection of our hunting heritage. COHA professional staff is active at the California State Legislature, Congress, State Fish and Game Commission, State and Federal resource agencies and all other political arenas where decisions are made which may impact wildlife management, habitat conservation, wildlife program funding, hunting access and opportunity, and your ability to purchase and possess sporting arms and munitions. COHA was created in early 2006 by the California Waterfowl Association. For more information on COHA and its efforts, visit their website at www.outdoorheritage.org

[Common Sense]

So if I take quail to a potluck at the neighbor's and get some of their home made ice cream; do I get fined $40,000, spend a year in jail, and permanently lose my hunting rights?????????

[spectr17]

Not if you're gifting the quail CS.

This bill is good news to stop the commercial poachers who are raping this state.

[Caninelaw]

Originally Posted by Common Sense

So if I take quail to a potluck at the neighbor's and get some of their home made ice cream; do I get fined $40,000, spend a year in jail, and permanently lose my hunting rights?????????

Yeah, CS...DFG is right now setting up a sting to get you. I saw a Warden mixing the ice cream just a few minutes ago....

[Common Sense]

Originally Posted by Caninelaw

Yeah, CS...DFG is right now setting up a sting to get you. I saw a Warden mixing the ice cream just a few minutes ago....

I guess I just don't trust government. I know you were just joking, but they do set up stings quite often(as several of my relatives found out the hard way when they discovered who their new "hunting" partner really was).

I know one warden who would go fishing with a 17 or 18 year old kid, and after catching their limits of trout, they would put them all on one stringer. When they found other anglers on the creek, the kid would hold up the stringer and say: "look at all I caught, and dad even caught more". Often the other anglers (really poachers), would say: "that's nothing, look what we got". The warden would then identify himself and issue citations.

[pheasantlvr]

it's up to the judges to fine the folks
I've heard of one judge (now retired) who wouldn't assess the full penalty for fishing without a license.....
his reasoning....."the community can't afford that amount"

the laws are no good if full penalties aren't applied

[EOD3]

Originally Posted by Common Sense

I guess I just don't trust government.

Could NOT AGREE MORE!

Originally Posted by Common Sense

I know one warden who would go fishing with a 17 or 18 year old kid, and after catching their limits of trout, they would put them all on one stringer. When they found other anglers on the creek, the kid would hold up the stringer and say: "look at all I caught, and dad even caught more". Often the other anglers (really poachers), would say: "that's nothing, look what we got". The warden would then identify himself and issue citations.

I give up, what is wrong with the poachers getting busted?

[Common Sense]

Originally Posted by EOD3

I give up, what is wrong with the poachers getting busted?

I don't know of anything wrong with poachers getting busted, nor do I know of anything wrong with wardens operating a sting.

[EOD3]

Originally Posted by Common Sense

I don't know of anything wrong with poachers getting busted, nor do I know of anything wrong with wardens operating a sting.

Obviously, I am confused... I guess we agree on all points.