Poacher Sentencing

December 1, 2022

Question: Time after time, I read about how a poacher’s sentence is a minimal fine and no jail time. Why don’t you fine these poachers an amount that makes them think twice about poaching again and put them in jail? Can the California Department of Fish and Wildlife (CDFW) at least revoke their hunting and fishing licenses?

Answer: You are asking a very common question about a commonly misunderstood process. The easiest way to start is to say that wildlife officers have little to no say in the sentencing phase once a poacher is convicted. The federal justice system, and the state justice system in California, are designed that way.

A wildlife officer’s job is to investigate a crime and issue a citation, and then to make an arrest or submit the case to the county district attorney or U.S. attorney for potential prosecution. The state and federal justice systems are intentionally set up this way to maximize the chance of fair and impartial prosecution. Let’s use poaching crimes as an example. A wildlife officer will investigate and lay out the facts of a case in a report. In that report, the officer articulates the facts to meet the elements of one or more crimes. The officer can recommend that charges be filed. But the prosecuting attorney may elect not to pursue some or all of the recommended charges—even if the wildlife officer has identified every element of the crime(s). The prosecuting attorney may also pursue charges other than what the wildlife officer recommended.

In recent years, there has been a transition through the state initiative process and the Legislature to reduce penalties for many crimes in order to reduce California’s prison and jail populations. There is also a reduced motivation for courts to sentence convicted persons to jail or prison terms, especially for misdemeanor level criminal convictions, which include most poaching crimes.

You also asked about revoking hunting or fishing licenses for convicted poachers. There are a few ways to do this. California Fish and Game Code (FGC) section 12154 provides CDFW with authority to suspend or permanently revoke sport fishing or hunting privileges of poachers who are convicted of specified egregious violations, typically involving very large overlimits or the commercialization of sport caught animals. Courts may also suspend or revoke sport fishing and hunting licenses pursuant to FGC section 12158 for violating “any provision of [the Fish and Game] code or regulation made pursuant thereto relating to hunting or fishing for purposes other than profit.”

Finally, there are a few procedures which the California Fish and Game Commission may use to suspend or permanently revoke hunting and fishing privileges. California Code of Regulations, Title 14, section 745.5 allows the Commission to suspend or permanently revoke hunting or sport fishing privileges of convicted poachers. Usually, this process involves a hearing before a hearing officer. Several poachers have permanently lost their hunting or fishing privileges this way. In addition, FGC section 12155 requires the Commission to impose a three-year suspension of hunting privileges for poachers convicted of three violations related to the taking or possession of birds or mammals in a five-year period.