HomeMy WebLinkAbout981404.tiff STATE OF COLORADO °°°""1py°•
Roy Romer,Governor I Ap° 4°
DEPARTMENT OF NATURAL RESOURCES \ �• r
DIVISION OF WILDLIFE ",°- „,.
AN EQUAL OPPORTUNITY EMPLOYER 0
John W.Mumma, Director
6060 Broadway
Denver,Colorado 80216 1897 14n1997
Telephone:(303)297-1192 OF MANAGING
YOUR WILDLIFE
July 22, 1998
TO: Colorado Chiefs of Police
County Sheriffs
County Commissioners
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FROM: jD 7ohn W. Mumma, Director
SUBJECT: "Samson" Bill (House Bill 98-1039)
On April 22, 1998, Governor Roy Romer approved House Bill 1039, also known as the Samson
Bill into law. First introduced in the 1997 legislative session by Representative Mark Udall (D-
Boulder) and again in 1998 by Rep. Udall and co-sponsored by Senator Tilman Bishop (R
Grand Junction) this legislation is designed to curtail the illegal take of trophy class big game
animals by the assessment of substantial additional monetary penalties. The bill was supported
by many different groups including the County Sheriffs, the Chiefs of Police and Colorado
Counties, Inc.
The Colorado Division of Wildlife recognizes the contribution made to resource protection by
officers of the many town, city, county or city and county law enforcement agencies. In 1994
we amended our statutes to allow any agency that issues a wildlife citation to receive one-half of
the fine monies (33-6-105(1)(b)CRS). House Bill 1039 carries our support for your assistance
one step further. FIB 1039 assesses a substantial additional penalty on an illegally taken trophy
class animal in the following amounts: $4,000 for an antelope buck with a horn length greater
than 14 inches. $10,000 for a mule deer buck with an inside antler spread measurement greater
than 22 inches; a whitetail buck greater than 18 inches inside spread; a bull elk with 6 points on
main beam; any bull moose or any mountain goat. $25,000 for a half-curl or larger bighorn
sheep ram. The new law, 33-6-109(3.4)(b)(II) CRS) provides that the additional penalty is to be
distributed to the city or county where the citation was issued or the animal was killed. The
money can be used to further law enforcement or wildlife related programs in your jurisdiction.
We feel that the wildlife resources of Colorado and the local law enforcement agencies will
benefit from this new legislation. Preliminary estimates from our field personnel are that
approximately 35 animals a year meet the minimum requirements. The numbers may be higher,
but we are hoping that they will decline with the increased attention from your officers to
wildlife being transported through your jurisdictions.
DEPARTMENT OF NATURAL RESOURCES,James S.Lochhead, Executive Director
,(k ��1�� lc WILDLIFE COMMISSION, Arnold Salazar,Chair •Rebecca L.Frank,Vice Chair •Mark Le Valley,Secretary
{l_\O,_yry,Il-t7 N Louis E Swift, Member •Bernard L.Black, Member
Chuck Lewis, Member •John Stulp,Member •James R.Long, Member
981404
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As with any new law, there is a need for guidelines in the application. Common sense must be
used in enforcing the law. This bill was introduced to penalize persons who illegally take trophy
class animals. Out of season kills or possession without a proper and valid license are illegal
activities and should be enforced. During the season, it is possible that the hunter might forget
to tag the animal. The case needs a complete investigation to determine if a failure to tag
citation is more appropriate. Our officers will be happy to provide your agency with assistance
in the handling of any wildlife related citation. Please feel free to call on them if you have any
questions.
Again, let me thank you for the assistance you provide to Colorado's wildlife resources, the
residents and visitors to the state, and the 120 District Wildlife Managers who are our field
enforcement officers. We hope that this new legislation will benefit the resource and your
agency.
cc Representative Mark Udall
Senator Tilman Bishop
Regional Managers
Area Wildlife Managers
District Wildlife Managers
District Attorneys
Colorado Counties, Inc
1998
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HOUSE BILL 98-1039
BY REPRESENTATIVES Udall, Bacon,Grossman, S. Johnson, Kaufman,
Nichol, Reeser, Saliman, Snyder, Sullivant, Tabs, Tupa, Veiga, and
Zimmerman;
also SENATORS Bishop, Chlouber, Matsunaka, Phillips, Reeves, Rupert,
and Wham.
CONCERNING AN INCREASE IN THE PENALTIES FOR POACHING CERTAIN BIG
GAME ANIMALS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 33-6-109, Colorado Revised Statutes, is amended BY
THE ADDITION OF A NEW SUBSECTION to read:
33-6-109. Wildlife - illegal possession. (3.4) (a) IN ADDITION TO
THE CRIMINAL PENALTIES LISTED IN SUBSECTION(3)OF THIS SECTION,THERE
SHALL BE ASSESSED A FURTHER PENALTY IN THE FOLLOWING AMOUNT FOR
EACH OF THE FOLLOWING BIG GAME ANIMALS ILLEGALLY TAKEN:
(I) FOR EACH BULL ELK WITH AT LEAST SIX POINTS ON ONE ANTLER
BEAM,TEN THOUSAND DOLLARS;
(II) FOR EACH MULE DEER BUCK WITH AN INSIDE ANTLER SPREAD OF
AT LEAST TWENTY-TWO INCHES,TEN THOUSAND DOLLARS;
(III) FOR EACH WHITETAIL DEER BUCK WITH AN INSIDE ANTLER
Capital letters indicate new material added to existing statutes;dashes through words indicate
SPREAD OF AT LEAST EIGHTEEN INCHES, TEN THOUSAND DOLLARS;
(IV) FOR EACH BULL MOOSE,TEN THOUSAND DOLLARS;
(V) FOR EACH BIGHORN SHEEP WITH A HORN LENGTH OF AT LEAST
ONE-HALF CURL,TWENTY-FIVE THOUSAND DOLLARS;
(VI) FOR EACH MOUNTAIN GOAT,TEN THOUSAND DOLLARS;
(VII) FOR EACH PRONGHORN ANTELOPE WITH A HORN LENGTH OF AT
LEAST FOURTEEN INCHES, FOUR THOUSAND DOLLARS.
(b)(I) NOTWITHSTANDING THE PROVISIONS OF SECTION 24-4.2-104
(1) (b) (II), C.R.S., NO VICTIMS AND WITNESSES ASSISTANCE AND LAW
ENFORCEMENT FUND SURCHARGE SHALL BE LEVIED AGAINST THE
ADDITIONAL AMOUNT OF THE PENALTY IMPOSED UNDER THIS SUBSECTION
(3.4). Tim VICTIMS AND WITNESSES ASSISTANCE AND LAW ENFORCEMENT
FUND SURCHARGE SHALL ONLY BE LEVIED AGAINST THE AMOUNT OF THE
FINE IMPOSED UNDER SUBSECTION(3)OF THIS SECTION.
(II)NOTWITHSTANDING THE PROVISIONS OF SECTION 33-6-105, ALL
MONEYS COLLECTED AS ADDITIONAL PENALTIES UNDER THIS SUBSECTION
(3.4)SHALL BE TRANSMITTED TO WE STATE TREASURER,WHO SHALL CREDIT
SUCH MONEYS TO THE COLORADO TOWN, CITY, COUNTY, OR CITY AND
COUNTY WHERE THE ARREST FOR THE OFFENSE WAS MADE OR THE CITATION
FOR THE OFFENSE WAS ISSUED. SUCH ADDITIONAL PENALTIES MAY BE USED
TO FURTHER LAW ENFORCEMENT OR WILDLIFE RELATED PROGRAMS.
SECTION 2. No appropriation. The general assembly has
determined that this act can be implemented within existing appropriations,
and therefore no separate appropriation of state moneys is necessary to
carry out the purposes of this act.
SECTION 3. Effective date - applicability. This act shall take
effect upon passage, and shall apply to acts committed on or after said date.
PAGE 2-HOUSE BILL 98-1039
SECTION 4. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
Alt
Charles E. Be Tom Norton
SPEAKER O THE SE PRESIDENT OF
OF REPRE NTAT S THE SENATE
S€11
dith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE H0VUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED a 2 / I ' 40 eI--/ =3D a• •
Roy Ro '
GOVE OR OF THE STATE OF COLORADO
PAGE 3-HOUSE BILL 98-1039
STATE OF COLORADO .„,4m°*o,
Roy Romer,Governor t
DEPARTMENT OF NATURAL RESOURCES o� r
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER 100
John W.W.Mumma, Director
6060 Broadway �/��
Denver,Colorado 80216 1x97. -A•._1997
Telephone:(303)297-1192 OF MANAGING
YOUR WILDLIFE
INCREASE PENALTIES FOR ILLEGAL TAKE OF TROPHY BIG GAME
Senator Tillie Bishop, R- Grand Junction
Representative Mark Udall, D - Boulder
February 26, 1998
House Bill 98-1039 is patterned after a similar law in effect in the state of Utah. HB 1039
increases the penalty for the illegal take (poaching) of big game "trophy" animals by assessing a
surcharge on the violation of illegal possession of certain big game animals. Individuals who
illegally take animals taken that are smaller than the identified minimums would not be assessed
the surcharge amounts. The citation can be issued as either a penalty assessment or a summons
to county court. It is intended that in cases where the subject chooses to go to court and is found
guilty that the surcharge be assessed and not suspended by the court. The statute defines what
constitutes a "trophy" big game animal and sets requirements for the imposition of the
surcharge.
The definition of what constitutes a"trophy" is based on the trophy animals listed in the 10th
edition (1993) Boone and Crockett Records of North American Big Gam@ record book using a
minimum antler/horn measurement by averaging the measurements of the bottom fifty animals
in the record book.
The bill was passed out of the House after having been reviewed and amended by action in the
House Agriculture committee and the House Finance committee. The surcharge will go to the
city, city/county, or county where the arrest is made or the violation was committed. The money
raised by the surcharge may be used by local government for law enforcement, wildlife related
projects or other needs as determined by the local government agency that receives the
surcharge.
There has been an increase in the number of cases involving the illegal take of trophy big game
animals across North America. Money paid for legally taken mounted specimens has exceeded
$100,000. Auctioned licenses for legal hunts in Colorado have sold for up to $60,000. It is
hoped that the penalty surcharges contained in this legislation will help serve as a deterrent to the
illegal take of"trophy" class animals in Colorado.
The Colorado Division of Wildlife estimates that there are about 35 cases a year where the
animals taken illegally would meet the criteria set forth in the bill. The number of citations
DEPARTMENT OF NATURAL RESOURCES,James S.Lochhead, Executive Director
WILDLIFE COMMISSION,Arnold Salazar,Chair •Rebecca L.Frank,Vice Chair •Mark LeValley,Secretary
Louis F.Swift, Member •Bernard L.Black, Member
Chuck Lewis, Member •John Stulp,Member •James R.Long,Member
issued annually is below this number, as many of the known kills are found one or more days
after the violation was committed. These loss of these animals to the licensed public and those
who just enjoy seeing the animals is incalculable. It is hoped that the surcharge placed on the
base fine will serve as a deterrent for those who might consider taking an animal illegally.
LEGISLATION HIGHLIGHTS
• Bill establishes higher penalties through the assessment of a surcharge for the illegal take
(poaching) of trophy big game animals.
• Trophy status is defined for each species listed - elk, moose, bighorn sheep, deer,
antelope and mountain goat.
• Surcharge amounts are designed to create a deterrent to the illegal take of trophy class
animals and will go to the city, city/county or county where the citation is issued or the
violation was committed..
• Specific minimums are set to assist in field enforcement situations based on
internationally accepted norms for antler/horn measurements
• Except for bighorn sheep and mountain goat, citations can be handled by either penalty
assessment or summons to court. Due process is available to the subject.
• Surcharges are not imposed on illegally taken non-trophy animals.
• "Accidental" kills are handled by officer investigation on a case by case basis. The
person receiving the citation may take the case to court for adjudication.
■ Bill is supported by a wide range of groups involved with wildlife protection issues
including the United Sportsman Council, Colorado Bowhunters Association, Colorado
Outfitters Association, Colorado Wildlife Federation, County Counties, Inc, Chief of
Police, and the Colorado County Sheriffs.
PENALTY COMPARISONS
SPECIES BASE ILL. TROPHY TOTAL FINE
FINE SURCHARGE (includes VALE)**
ELK $1000 $10000 $11370
MULE DEER $700 $10000 $10959
WHITETAIL $700 $10000 $10959
MOOSE $1000 $10000 $11370
BIGHORN* $1000/100000 $25000 $26370/$162000
MTN GOAT* $1000/100000 $10000 $11370/$147000
ANTELOPE $700 $4000 $4959
* Bighorn sheep and mountain goat violations require a summons to court since there is a range
in fine and the potential for a jail sentence. The penalty, if convicted, is the fine and/or up to
one year in the county jail. All other illegal possession charges can be handled through the
payment of a penalty assessment or a summons into court.
** VALE is the Victim Assistance and Law Enforcement fund that assesses a 37% surcharge on
all state criminal violations.
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