Damages from Poaching

Division 1, Chapter 6 of the Fish and Game Code deals with damages from poaching and illegal sales.

Section 500 requires the commission, by regulation, to adopt guidelines to assist the director and the department in ascertaining the amount of civil penalties to be imposed. The guidelines may include monetary amounts or ranges of monetary amounts that the commission finds are adequate to deter illegal actions and partially compensate the people of California for losses to the fish and wildlife resources from illegal transactions for profit or personal gain.

If the violation involves birds, mammals, amphibians, reptiles, or fish with a value in the aggregate of less than $400 and involves only the transportation, taking, or receipt of fish or wildlife taken or possessed in violation of this code, the guidelines are required to provide that the civil penalty cannot exceed the maximum criminal fine provided by law for the violation in this code or $10,000, whichever is less. The term “value” is defined.

Also, the guidelines are required to include consideration of the nature, circumstances, extent, and gravity of the prohibited acts committed, and the degree of culpability of the violator, including lesser penalties for acts which have little significant effect upon the resources and greater penalties for acts which may cause serious injury to the resources.