Assigned to NRRA                                                                                                      AS PASSED BY THE SENATE

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

AMENDED

FACT SHEET FOR H.B. 2129

game and fist; enforcement; penalties

(NOW: illegal hunting; penalties)

Purpose

            Augments penalties for the unlawful taking of wildlife, and prohibits the feeding of wildlife with certain exceptions.

Background

            The Arizona Game and Fish Commission (Commission) makes rules and regulations for managing, conserving and protecting wildlife and natural resources.  Through the issuance of licenses, permits and tags, the Commission maintains control over hunting and fishing within the state. The Arizona Fish and Game Department (Department) implements and enforces statutory requirements and Commission rules and regulations.

            Arizona law permits all state offenders except those convicted of serious violent offenses, to have their convictions set-aside or vacated by the sentencing court, and the charges against them dismissed, upon successful completion of probation or sentence and discharge. Convicted persons are entitled to be informed of their right to a set-aside at the time of discharge. This relief restores all rights and generally releases the person from all penalties and disabilities resulting from the conviction. However, it does not eliminate the conviction, and thus does not relieve the offender from having to report the conviction if asked.

            The Wildlife Theft Prevention Fund (Fund) receives monies from fines charged for the unlawful taking of wildlife. The purpose of the Fund is to finance reward payments to persons who provide information about illegal wildlife activities, to fund the Operation Game Thief program, which is a public awareness program that allows people to call in on a toll free hotline to report wildlife violations, and to promote awareness of the Wildlife Theft Prevention Program. The Fund is exempt from lapsing and any year-end balance in excess of $50,000 reverts to the Game and Fish Fund.

            Neither the Commission nor the Department receive state General Fund revenues. The primary sources of revenues are licenses, stamps and tag fees distributed through a formula used by the U.S. Fish and Wildlife Service to determine Arizona’s federal funding for wildlife conservation. There is no anticipated impact to the General Fund associated with this measure.

            According to the Department, feeding wildlife is dangerous to the health and safety of humans who may suffer threat or harm from encounters with wild animals.  Currently, the Department attempts to stop the feeding of wild animals through warnings and education on the hazards of contact with wild animals.  There is no statutory mechanism for enforcing the Department’s policy against feeding wild animals.

            H.B. 2129 designates unlawful feeding of wildlife as a petty offense.  A petty offense is punishable by a fine of up to $300.

Provisions

Unlawful Taking or Wounding of Wildlife

1. Prohibits a judge, justice of the peace or magistrate from ordering that a person be released from all penalties and disabilities imposed by the Commission for the unlawful taking or wounding of specified wildlife.

2. Permits a license of a person found to be a delinquent juvenile, who has a prior conviction of a Commission violation, to be revoked for up to five years. 

3. Classifies the unlawful taking or possession of wildlife while under permanent license revocation by the Commission as a class 6 felony.

4. Expands actions, which upon conviction or after adjudication as a delinquent juvenile, the Commission may revoke or suspend a license and deny the right to secure another license to take or possess wildlife for up to five years, to include: the unlawful selling, offering for sale and bartering of wildlife, and the use of aircraft to take, assist in taking, harass, chase, drive, locate or assist in locating wildlife.

5. Allows the Commission to double and triple civil assessments for illegally taking or wounding wildlife for second and third offenses.

6. Allows the Commission to suspend or revoke a license for five years for a first conviction of unlawful taking or wounding of wildlife, ten years for a second conviction and permanently for a third conviction.

7.  Removes the requirement that monies in the Wildlife Theft Prevention Fund in excess of $50,000 revert to the Game and Fish Fund.

8. Increases the dollar amount of fines imposed for the illegal taking or wounding of specified wildlife:

a) turkey or javelina from $150.00 to $ 500.00.

b) bear, mountain lion, antelope or deer, other than trophy, from $450.00 to $1500.00.

c) elk or eagle, other than trophy or endangered species, from $750.00 to $2500.00.

d) predatory, fur bearing or nongame animal from $75.00 to $250.00.

e) small game or aquatic wildlife animal from $15.00 to $50.00.

f) trophy or endangered species animal from no fine to $8,000.00.

9. Defines trophy as:

a) a mule deer buck with at lest four points on one antler, not including the eye-guard point.

b) a white-tailed deer buck with at least three points on one antler, not including the eye-guard point.

c) a bull elk with at least six points on one antler, including the eye guard point and the brow tine point.

d) a pronghorn (antelope) buck with at least one horn exceeding or equal to 14 inches in total length.

e) any bighorn sheep.

f) any bison (buffalo).

Unlawful Feeding of Wildlife

10. Prohibits the feeding of wildlife in Maricopa and Pima counties, with exceptions for persons legally hunting or fishing, public employees or authorized agents acting within their official authority, normal agriculture or livestock operation practices and feeding tree squirrels and birds.

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

12. Classifies unlawful feeding of wildlife as a petty offense.

Miscellaneous

13. Makes technical and conforming changes.

14. Becomes effective on the general effective date.

Amendments Adopted by Committee of the Whole

1. Removes offenses that constitute suspension or revocation of a license and creates a schedule for suspension or revocation of a license based on a conviction of unlawfully taking or wounding wildlife.

2. Allows the Commission to double and triple fines for unlawfully taking or wounding wildlife for second and third convictions.

3. Prohibits the feeding of wildlife, classifies the feeding of wildlife as a petty offense and stipulates that the measure only applies to Maricopa and Pima counties.

House Action Senate Action

APPROP         2/22/06     DPA/SE     8-5-0-0            NRRA             3/22/06     DP     6-0-1-0

3^rd Read           3/2/06                          49-4-7-0          3^rd Read           4/24/06               20-9-1-0

Prepared by Senate Research

April 25, 2006

FB/DA/jas