Why Don’t Wardens Release All Poached Animals?

March 21, 2013

Question: I support the work of the California Department of Fish and Wildlife (CDFW) and want to congratulate and say thank you for all your services. However, I was watching an episode of “Wild Justice” recently and something didn’t seem right about the way the game wardens carried out a couple of operations. On the show, game wardens busted a poacher with 42 abalone. The wardens spied on a group and knew they were fishing illegally, so why didn’t they stop them when they came back to the beach? Why did the game wardens allow the group to pull the abalones away from the beach and wait? By the time you guys busted the group, all 42 abalone were dead. My 4-year-old daughter couldn’t understand why you didn’t catch the poachers as soon as they hit the beach so the abalone wouldn’t have had to die. Can you please give me an answer so that I can explain it to her? (Christopher R.)

Answer:  Wardens are often faced with the dilemma of when to make contact on a poaching case. According to CDFW Lt. Patrick Foy, there are circumstances where a warden can make an excellent poaching case, contact the perpetrator, and return the live animals to the water/or wild. Those cases usually result in a fine. There are other times, such as the one you reference, where an effort needs to be made to prove that the perpetrator’s actions weren’t just a one time occurrence by a person who wasn’t aware of the law. If a warden can document that the perpetrator’s actions were planned, and intended to make a profit poaching wildlife, it is called commercialization. Commercialization cases are difficult to make, but when a warden makes them, they can lead to life-time revocation of fishing privileges, steep fines, and even jail terms. The wardens in the case you watched made the judgment that the loss of 42 abalone was necessary to permanently take the poachers out of business.

..."The wardens in the case you watched made the judgment that the loss of 42 abalone was necessary to permanently take the poachers out of business."

I wonder how that turned out, if they were able to prove commercialization and if a lifetime ban was the sentence. 42 abalone, jeez.

And what'd happened to the 42 dead Abs?

Wardens had a dinner party.

I'm no abalone expert but even if the warden had busted the perps as soon as they hit land, what would be the chances the abs would have been able to survive if returned to the water?  Minimal?

I'm no abalone expert but even if the warden had busted the perps as soon as they hit land, what would be the chances the abs would have been able to survive if returned to the water?  Minimal?

It depends on the condition of the Abs.  If they're cut or injured, they won't survive, otherwise they can stay alive out of water for hours.

Heads up... fellow NCKA'ER tony144 was diving at OC on. Dive board got on the beach had an 8 + Ab they took his Ab and wrote him for not placing his short abs back where he found them...he said he did...........was a Tuesday..........

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Heads up... fellow NCKA'ER tony144 was diving at OC on. Dive board got on the beach had an 8 + Ab they took his Ab and wrote him for not placing his short abs back where he found them...he said he did...........was a Tuesday..........

Sent from my LGL86C using Tapatalk 2

Did they show any proof that he didn't put them back in the same area?

Never really understand taking someone's license for something they already fail to obey like limits or size.  If someone has no moral character why would taking their license stop them from poaching.   Instead they should be forced to buy a license or pay for habitat rebuilding every year or spend extra time in jail.  Only big penalties and not just a threat will change those who violate laws. 

Car or truck confiscation.