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bonish
06-09-2009, 11:20 PM
I think the stats comparing the number of wardens from 2001 to today is pretty startling. I think it would be an understatement to say the current State Administration has not been friendly towards enforcing our fish and game laws. I find it unbelievable that wardens (and park rangers) are being furloughed - it wouldn't surprise me if they were to take their POST certifications and leave DFG to make more money in other law enforcement agencies.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/06/09/MN9C180V4D.DTL&type=green

Poaching for profit in tough economic times

Peter Fimrite, Chronicle Staff Writer

Tuesday, June 9, 2009

Game wardens across California are finding that hard economic times can be deadly for animals, which are being killed, captured and sold on the black market or butchered for valuable body parts in unprecedented numbers, state officials said.

The illegal trapping and sale of wildlife is more difficult than ever to prevent because the number of game wardens has steadily dwindled due to budget cuts, said Nancy Foley, chief of enforcement for the California Department of Fish and Game.

"What we're seeing is a tremendous increase in the amount of poaching for profit," Foley said. "It's across the board, from reptiles and amphibians to abalone, bear, deer. Every wildlife species that we have in the state is being illegally commercialized in some part of the state."

The illegal sale of California wildlife and wildlife parts generates an estimated $100 million a year, second only to the illegal drug trade, according to department officials.

The problem is not expected to improve, with California facing a $24.3 billion budget deficit that, among other things, may result in the closure of 219 state parks and the laying off of the rangers who patrol that land.

Among the cases game wardens have investigated are the following:

-- Late last month, 11 people were arrested and 120 citations were issued in Sonoma and Mendocino counties after an elaborate ring of abalone poachers with headquarters in a hotel room was discovered.

-- In February, two people were arrested in Monterey County after they were caught with 51 black abalone, a federally listed endangered species.

-- In February, five antelope were fatally shot near Susanville by someone driving along a country road. The shooter just left the animals, two of which were pregnant, one with twins, Foley said.

-- In 2007, Huong Tovan, 54, of San Diego was arrested by Redding undercover agents and charged with soliciting the killing of bears in Shasta County so he could buy their gallbladders. A gallbladder-processing operation was discovered when wardens arrested Tovan, who had a passport and tickets to fly to Southeast Asia, Foley said. Bear gallbladders are used for medicinal purposes in Southeast Asia and can fetch $2,000 an ounce.

-- In Sacramento, a man was arrested after investigators used DNA evidence to identify the meat from 28 separate deer that had been shot in Calaveras, El Dorado and Placer counties, Foley said. He was selling the carcasses from his house for up to $150 a piece.
Marine life sold to markets

Fish and Game spokesman Patrick Foy said that over the past five to eight years, profiteers have illegally taken vast quantities of freshwater clams, abalone, salmon, turtles, snakes and amphibians and put them up for sale in food markets, including San Francisco's Chinatown, or sold them to collectors.

Poachers have also been arrested for illegally killing dozens of deer beyond the one- or two-per-year limit or for wholesale killing out of season, often just for the animal's antlers.

The penalty for poaching deer and waterfowl in California is a maximum six months in county jail and a $1,000 fine, but many poachers have gotten off with barely a slap on the wrist, Foy said. He said some of the most egregious deer poachers have been fined as little as $150 and given probation.

Studies have shown that wildlife officers catch only between 1 and 5 percent of all violators. It is remarkable, Foley said, that so much illegal activity is stopped in California with so few game wardens, but clearly many poachers don't get caught.

California has only 230 game wardens - down from 325 in 2001 - to cover 159,000 square miles of land, including 1,100 miles of coastline. State fish and game wardens also have the authority to protect state wildlife in federally protected waters as far as 200 miles out to sea.
Wardens down, citations up

But even with fewer wardens, 14,543 citations were issued last year for a variety of offenses including poaching or the illegal sale of animals and animal parts. That's compared with 7,571 citations in 2001 when there were more wardens.

"Over the last year and a half we've seen a marked increase in poaching and in people just killing animals and leaving them there for no apparent reason," said Foley, who has 22 years of experience working as a game warden. "I don't think it is a need to put food on the table. It's usually for greed and money and because people know we have a shortage of game wardens in the state."
Less funding for parks

The number of game wardens in California is the lowest per capita in the United States, Foley said.

Florida, which has a similar marine component to California's but a lot less land to cover and fewer people, has 750 game wardens. Texas has 550 wardens, she said.

Poaching has thus far not been a major problem in the California State Parks, said spokesman Roy Stearns, but that could change. The latest deficit reduction proposal by Gov. Arnold Schwarzenegger would cut, within two years, the annual $150 million in general funds the park system receives. That would mean layoffs of 1,500 to 2,000 maintenance workers, park superintendents and rangers.

Poaching "certainly could become a concern if we reduced law enforcement and some people decided to take advantage of the situation," Stearns said. Park rangers work closely with fish and game wardens on wildlife issues, he added.

Elizabeth Goldstein, president of the California State Parks Foundation, said closing the parks would endanger wildlife and the ecosystem because criminals could not be kept out.
Preying on unique species

"Poaching of wildlife and also plants is going to become an issue," Goldstein said. "There will be human impacts, wildlife impacts and habitat impacts."

The lack of rangers and wardens would also presumably give the international black market, which preys on California's natural resources, free reign.

"We have some species that you can't find anywhere else in the world," Foley said. "We don't have enough of them to allow people to just come here and take them."
Wardens can't keep up with illegal animal trade

230
Number of California game wardens, down from 325 in 2001. To compare, Florida has 750 wardens.

159,000
Square miles of land California's wardens must cover, including 1,100 miles of coastline. Florida wardens cover 53,927 square miles of land and 2,276 miles of shoreline.

14,543
Citations issued in 2008 by California game wardens. They issued 7,571 citations in 2001.

1 to 5
Percent of violators California wildlife officers catch.

Source: Chronicle research

k.hanley
06-10-2009, 08:48 AM
Those numbers should shake everyone to the core. This makes me want to puke. Greed never ceases to amaze me. Until the penalties have a serious heavy impact, and get enforced in every case, there won't be any real reason for the poachers to stop.
With respect, Ken

Tony Buzolich
06-11-2009, 11:50 AM
Ken,

I was just talking with a friend about this and part of the problem is our judicial system itself. When you have a judge up on the stand and he's hearing all these stories all day long about rapes, and child molesters, and murders, and other heiness perverted sicko crimes,,,,,,, what do you think he's going to do about "poaching a sturgeon" or a few "five pound bags of bluegills and mixed fish" out of the delta by some non-English speaking immigrant who says he's just trying to feed his family?

Probably, little or nothing, and the guy gets the usual slap on the wrist.

Keep cutting enforcement, keep cutting or minimizing crime and punishment, and soon we'll have nothing left but caos and few if any resources to worry about.

With the economy like it is we're not going to have support from govenment agencies that have to prioritize what they consider most important.

So what's next? Vigilante game warden patrols by private citizens that want to do SOMETHING at the risk of being fined themselves? I don't know.

It's easy to get depressed seeing how ineffective our system has become but ultimately it has to come from those of us that care. We as citizens have to eventually take care of ourselves and protect what little there is left to save, but how to go about it is an unanswered question.

wjorg
06-11-2009, 06:34 PM
In some parts of Africa poachers are shot on sight.

Darian
06-11-2009, 10:32 PM
Walter,.... A lot of things in Africa are more drastic than here.... :unibrow: Not sure I like the shooting thing but I certainly agree with the need to do something. :cool: :cool:

wjorg
06-13-2009, 08:34 AM
Poaching should carry a $15,000 fine and mandatory 5 year federal prison term. Might think about it more when you face going to the "Pokey."


I really wouldnt care if a few were shot by some vigilante hick in the woods, but I dont want to harm anyone myself....you have my permission to cite my double standard. That's just how I feel...

Darian
06-13-2009, 01:16 PM
Hmmmm,.... Maybe you're on to a good solution; increased penalties for poaching for profit. Currently, the profits are greater than the risk of being caught or the penalties for getting caught. :confused:

How about a sliding (graduated) scale be established to cover small scale poaching (subsistence) up to and including commercial poaching :question: Some of the operations uncovered in the Elk Grove area have been quite large and repetitive on the part of the perps. :(

So, maybe the first offense/conviction for poaching/personal use might rate confiscation of all equipment, charge of misdemeanor with a mandatory fine of $5,000 with 90 days in jail (optional). Second offense/conviction, jail time mandatory. Subsequent convictions would be felonies. Forfeiture of fishing/hunting privileges for one year on first offense and permanent lifetime revocation on subsequent offenses. Since this classification could ensnare some incidental acts, definition of poaching would have to be very clear to avoid unwarranted charges/convictions. :cool:

Poaching for profit. First Offense, confiscation of all equipment, misdemeanor charge/conviction, mandatory $5,000 fine, 6 months in jail (mandatory). All subsequent charges/convictions would be felonies with fines ranging from $10,000 and mandatory jail time of 1 year. All fishing and hunting privileges revoked for lifeftime. :cool:

What the Hell, none of this would be enforceable with the small numbers of wardens or lack of will on the part of the courts to convict. Just an exercise in futility.... :confused:

Dabalone
06-18-2009, 08:13 PM
If convicted, automatic confiscation of vehicles, boats, and any other equipment used in the act, also confiscate the home or business where illegal species are kept or sold. I think this would slow em down some. Having to hire an attorney to try and save their property would make things a whole lot less profitable.

OceanSunfish
06-18-2009, 10:31 PM
It would help if CA has a separate court for Fish and Game offenses. A "Fish and Game Court" like a few other states that care about their natural resources have, etc.

Citing lack of language skills or lack of financial resources to pay fines is, well, not an excuse.

Bottom line, a separate and special Fish and Game court, judge, and DA that will work with law enforcement. Yeah, I know...... makes too much sense for something like this to exist in CA.

Darian
06-19-2009, 02:56 PM
Actually, imprisonment for debt is prohibited by the US Constitution and is settled case law in this state in a case in Superior court, San Francisco from the early 70's. Can't provide cite but it was called Rost Decision vs Superior Court.

If you recall your history lessons, when the originators of the constitution of this country drafted the document, they wanted people to have the ability to get a fresh start without having to go prison for owing a debt. Out of that origin came the oft amended, US Bankruptcy Act.

There's little impetus for establishing new courts in this state as they cost a great deal of money to administer and taxpayers don't seem willing to pay for services they demand. The outcome of that circumstance has been consolidation of courts (muni into superior, etc.). So, we only have ourselves to blame for that.

As to language differences, Judges are given some discretion in dealing with cases that appear before them. IMHO, that's a good thing. Not all poachers are non-english speakers. Also, as Tony pointed out, when a Superior Court Judge is faced with a docket consisting of stack of cases presented by the DA which includes every kind of violent misdemeanor/Felony (some are so incredibly violent they're just plain sick), a non-violent poaching case doesn't raise much emotion or ire.... Violence changes that picture.

Not really sure how to solve this one except to fund more positions for the Law Enforcement division of DFG....

590Mike
06-21-2009, 05:05 PM
Now days it isn't safe for wardens due to the "artifake" business. Fake Native american artifacts go for the tens of thousands on the black market overseas.

My grandfather (a warden) didn't carry a gun most of the time and wrote plenty of citations. He had pretty much had it (retirement looking good) when a well known guide in Shasta county was arrested with freezers full of bear parts,mountain lion parts, and a huge bag of eagle and hawk feathers. The guide might as well have gotten off. If memory serves it was like a $1000.00 fine and probation and no hunting for 2 or 3 years. It was a joke,actually it still is.

Darian
06-21-2009, 10:13 PM
Mike,.... Your grandfather sounds like a man worthy of respect. :nod: Is he enjoying his retirement :?: :?: