AB 298, as amended, Gonzalez. Fish and wildlife: violations.
Existing law generally makes any violation of the Fish and Game Code or any rule, regulation, or order made or adopted under the code a misdemeanor, and specifies that a violation of designated statutes or regulations is either an infraction or a misdemeanor.
This bill would make a violation of a specified regulation relating to marine protected areas, marine managed areas, and special closures an infraction or a misdemeanor, except ifbegin insert (1)end insert the person who violates the regulation holds a commercial fishing license or a commercial passenger fishing boatbegin delete license.end deletebegin insert license or (2)
the violation of the regulation occurred within 2 years of a prior violation of the regulation that resulted in a conviction.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12000 of the Fish and Game Code is
2amended to read:
(a) Except as expressly provided otherwise in this code,
2any violation of this code, or of any rule, regulation, or order made
3or adopted under this code, is a misdemeanor.
4(b) Notwithstanding subdivision (a), a person who violates any
5of the following statutes or regulations is guilty of an infraction
6punishable by a fine of not less than one hundred dollars ($100)
7and not to exceed one thousand dollars ($1,000), or of a
8misdemeanor:
9(1) Section 2009.
10(2) Subdivision (a) of Section 6596.
11(3) Section 7149.8.
12(4) Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the
13California Code of Regulations.
14(5) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive,
15of Title 14 of the California Code of Regulations.
16(6) Sections 27.56 to 30.10, inclusive, of Title 14 of the
17California Code of Regulations.
18(7) Sections 40 to 43, inclusive, of Title 14 of the California
19Code of Regulations.
20(8) Section 251.7 of Title 14 of the California Code of
21Regulations.
22(9) Sections 307, 308, and 311 to 313, inclusive, of Title 14 of
23the
California Code of Regulations.
24(10) Sections 505, 507 to 510, inclusive, and 550 to 553,
25
inclusive, of Title 14 of the California Code of Regulations.
26(11) Section 630 of Title 14 of the California Code of
27Regulations.
28(12) Section 632 of Title 14 of the California Code of
29Regulations, except ifbegin delete theend deletebegin insert either of the following apply:end insert
30begin insert(A)end insertbegin insert end insertbegin insertTheend insert person who violatesbegin delete thisend deletebegin insert
theend insert regulation holds a
31commercial fishing license issued pursuant to Article 3
32(commencing with Section 7850) of Chapter 1 of Part 3 of Division
336 or a commercial passenger fishing boat license issued pursuant
34to Article 5 (commencing with Section 7920) of Chapter 1 of Part
353 of Division 6.
36(B) The violation of the regulation occurred within two years
37of a prior violation of the regulation that resulted in a conviction.
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98