REFERENCE TITLE: technical correction; illegally taking wildlife

 

 

 

State of Arizona

Senate

Fifty-third Legislature

First Regular Session

2017

 

 

SB 1283

 

Introduced by

Senator Pratt

 

 

AN ACT

 

amending section 17-314, Arizona Revised Statutes; relating to taking and handling of wildlife.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 17-314, Arizona Revised Statutes, is amended to read:

START_STATUTE17-314.  Civil liability for illegally taking or wounding wildlife; recovery of damages

A.  The commission or any officer charged with enforcement of the laws relating to game and fish, if so directed by the commission, may bring a civil action in the name of the state against any person unlawfully taking, wounding or killing, or unlawfully in possession of, any of the following wildlife, or part thereof, and seek to recover the following minimum sums as damage:

1.  For each turkey or javelina                           $500.00

2.  For each bear, mountain lion, pronghorn (antelope) or deer,

    other than trophy                                   $1,500.00

3.  For each elk or eagle, other than trophy or

    endangered species                                  $2,500.00

4.  For each predatory, fur-bearing or nongame animal   $  250.00

5.  For each small game or aquatic wildlife animal      $   50.00

6.  For each trophy or endangered species animal        $8,000.00

B.  No verdict or judgment recovered by the state in such action shall be for less than the sum fixed in this section.  The minimum sum that the commission may seek to recover as damages from a person pursuant to this section may be doubled for a second verdict or judgment and tripled for a third verdict or judgment.  The action for damages may be joined with an action for possession, and recovery had for the possession as well as the damages.

C.  The pendency or determination of an action for damages or payment of a judgment, or the pendency or determination of a criminal prosecution for the same taking, wounding, killing or possession, is not a bar to the other, nor does either affect the right of seizure under any other provision of the laws relating to game and fish.

D.  All monies recovered pursuant to this section shall be placed in the wildlife theft prevention fund. END_STATUTE