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Hello Friends:
This week I carried HB 3035 my anti-poaching bill on the House Floor. This bill increases penalties when poaching occurs intentionally, knowingly or recklessly, and represents one of the most important steps our state can take to protect our valuable fish and wildlife resources.
HB 3035 seeks to curb the wanton slaughter of animals for trophy racks, out-of-state money for hire, spree killing or repeated violations by elevating some poaching violation from misdemeanor penalties to Class C Felony charges.
These higher penalties would be imposed if the poaching crime occurs:
- Knowingly, intentionally or recklessly
- To sell or profit from the exchange or sale
- If the poaching occurs repeatedly….if the animal is the second poached and each subsequent poaching of a game animal in a 12 month period
- Is a moose, bighorn sheep, mountain goat or wolf
- Is a threatened or endangered wildlife species
HB 3035 also seeks to impose higher penalties on fishing violations including:
- For the 3rd and each subsequent illegal taking of game fish by limit in 12 months
- The illegal taking of the 2nd and subsequent taking of a steelhead in 12 months
- The taking of a green or white sturgeon
The state of Washington already classifies the crime of poaching as a felony, and Oregon’s misdemeanor penalties are not strong enough to prevent the serial killing of game animals. This became evident last year when a host of international headlines detailed the wildlife spree killing in the Pacific Northwest. A ring of individuals were indiscriminately killing wildlife in Oregon and Washington and posting their “thrill-kill” videos on line. After they were arrested, the Washington Post described it as “A Demented Social Club” of poachers that slaughtered hundreds of animals in the Pacific Northwest.
HB 3035 does not target the accidental poacher, or a person that takes a fish or game animal without a culpable mental state. It specifically targets bad actors who know what they are doing and then knowingly, intentionally and recklessly slaughter our fish and wildlife.
The Oregon Department of Fish and Wildlife says that in addition to the threatened and endangered species, all wildlife species are vulnerable to the impacts of poaching. In fact, they say for some species poaching kills more animals than the legal harvest levels set by the department. HB 3035 is supported by our hunting and fishing communities who agree that true sportspersons obey the laws and adhere to harvest quotas set by the state to sustainably manage wildlife resources. It is supported by the Oregon State Police and Justice Department to provide more adequate enforcement options. Conservation groups also support this legislation, because they value our natural resources and understand the importance of their preservation. I was pleased when colleagues from both parties stood up to speak in favor of this legislation, and the bill passed overwhelmingly with a 58-2 vote. It now moves to the Senate for consideration.
This week on the House floor, I received the Liberty Flag award for my independent voting record. On Tuesday, the House voted to approve HB 2474 to exempt subpoenas issued by a district attorney or Attorney General for a grand jury from the personal service requirement as well as the 10-day waiting period for disclosure of financial records. I cast the single dissenting vote against this measure, because I believe HB 2474 is an over-reach of legal authority. Currently a financial institution shall not disclose the financial records of a customer to a state or local agency for a period of 10 days following service of a copy to the customer, unless the customer has consented to earlier disclosures. HB 2474 changes that, and in my opinion eliminates one less check on the government’s responsibilities to the governed. The bill was approved and moves to the Senate for consideration.
Thanks for reading my newsletter,
Brad
email: Rep.BradWitt@oregonlegislature.gov I phone: 503-986-1431
address: 900 Court St NE, H-382, Salem, OR, 97301
website: http://www.oregonlegislature.gov/witt
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