House of Representatives

HB 2129

game and fish; enforcement; penalties

Sponsors: Representatives Weiers JP, Mason, Biggs, Chase, et al.

DPA	Committee on Natural Resources and Agriculture
DPA S/E	Committee on Appropriations (P)
DPA	Caucus and COW
X	As Transmitted to the Governor

HB 2129 modifies the authority of the Game and Fish Commission to revoke or suspend a hunting or fishing license. The bill also increases the minimum assessments for unlawful taking of wildlife and removes the $50,000 cap that currently exists on the Wildlife Theft Prevention Fund.

History

The Arizona Game and Fish Commission (Commission) establishes policy for the management and preservation of wildlife, by setting regulations for managing, conserving, and protecting wildlife and fisheries resources. The Commission is composed of five members appointed by the governor subject to Senate confirmation.

Arizona is part of the Wildlife Violator Compact.  According to information provided by the Commission, there are currently 21 member states.  It requires each compact state to recognize convictions for wildlife violations from other participating states.  Under the terms of the compact, if one state permanently suspends a person’s hunting privileges, Arizona will deny that person the privilege of hunting in this state as well.

The Wildlife Theft Prevention Fund was established in 1978 and consists of monies received from assessments for illegal taking of wildlife; donations; fines, forfeitures and penalties; and legislative appropriations.  Monies in the fund are used for reward payments, financing Operation Game Thief, promoting the Wildlife Theft Prevention Program and investigations of unlawful commercial use of wildlife.

Provisions

License Revocation

· Exempts the penalties imposed by the Commission from being set aside by a judge. 

· Authorizes the Commission to revoke, suspend or deny the license of a juvenile delinquent to take wildlife.

· Expands the list of violations for which a person can lose their license to include 1) unlawful sale or bartering of wildlife; and 2) the use of aircraft in unlawful hunting activities.

· Allows the Commission to revoke, suspend or deny a person’s hunting privileges for a period of: 1) up to five years for a first offense; 2) up to ten years for a second offense; and 3) permanently for a third offense.

· Classifies taking or possessing wildlife while a person’s license has been permanently revoked as a class 6 felony.

Unlawful Feeding of Wildlife

· Defines unlawful feeding of wildlife as intentionally, knowingly or recklessly feeding, attracting or otherwise enticing wildlife into an area.

· Exempts the following from committing unlawful feeding of wildlife: 1) persons lawfully taking or holding wildlife; 2) authorized agents acting within their authority; 3) normal operational practices of livestock or agriculture; and 4) tree squirrels and birds.

· Applies to counties with a population of more than 280,000 people, specifically Maricopa and Pima counties.

· Classifies unlawful feeding of wildlife as a petty offense.

Assessment and Civil Actions

· Increases minimum assessments for unlawful taking of wildlife and allows the Commission to deny a license until the assessment is paid. Proposed assessments are as follows:

Existing Categories of Wildlife	Current Fine	Proposed Categories of Wildlife	Proposed Fine
turkey, javelina	$150	turkey, javelina	$500
bear, mountain lion, antelope, deer	$450	bear, mountain lion, antelope (not trophy), deer (not trophy)	$1,500
buffalo, elk, bighorn sheep, eagle, endangered species	$750	elk (not trophy or endangered species), eagle (not trophy or endangered species)	$2,500
beaver	$75	predatory, fur-bearing, nongame	$250
goose or raptor	$40	Small game, aquatic wildlife	$50
duck, small game animal or bird	$15	Small game, aquatic wildlife	$50
nongame bird or game fish	$10	Small game, aquatic wildlife	$50
buffalo, elk, bighorn sheep, eagle, endangered species	$750	trophy, endangered species	$8,000

· Specifies that assessments may be doubled for a second offense or tripled for a third offense.

· Clarifies that any civil damages assessed must be done in accordance with Uniform Administrative Hearing Procedures.

· Removes the $50,000 cap that currently exists on the Wildlife Theft Prevention Fund.

Definitions

· Defines “trophy” wildlife as mule deer buck, whitetail deer buck, bull elk and pronghorn antelope buck that have minimum antler specifications.  The definition also includes any bighorn sheep or bison.

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·  Forty-seventh Legislature                      Analyst Initials _______

· Second Regular Session              June 30, 2006

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