BILL NUMBER: AB 298	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 11, 2015

INTRODUCED BY   Assembly Member Gonzalez

                        FEBRUARY 12, 2015

   An act to amend Section 12000 of the Fish and Game Code, relating
to fish and wildlife.


	LEGISLATIVE COUNSEL'S DIGEST


   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 if  (1) 
the person who violates the regulation holds a commercial fishing
license or a commercial passenger fishing boat  license.
  license or (2)   the violation of the
regulation occurred within 2 years of a prior violation of the
regulation that resulted in a conviction. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12000 of the Fish and Game Code is amended to
read:
   12000.  (a) Except as expressly provided otherwise in this code,
any violation of this code, or of any rule, regulation, or order made
or adopted under this code, is a misdemeanor.
   (b) Notwithstanding subdivision (a), a person who violates any of
the following statutes or regulations is guilty of an infraction
punishable by a fine of not less than one hundred dollars ($100) and
not to exceed one thousand dollars ($1,000), or of a misdemeanor:
   (1) Section 2009.
   (2) Subdivision (a) of Section 6596.
   (3) Section 7149.8.
   (4) Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the
California Code of Regulations.
   (5) Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive,
of Title 14 of the California Code of Regulations.
   (6) Sections 27.56 to 30.10, inclusive, of Title 14 of the
California Code of Regulations.
   (7) Sections 40 to 43, inclusive, of Title 14 of the California
Code of Regulations.
   (8) Section 251.7 of Title 14 of the California Code of
Regulations.
   (9) Sections 307, 308, and 311 to 313, inclusive, of Title 14 of
the California Code of Regulations.
   (10) Sections 505, 507 to 510, inclusive, and 550 to 553,
inclusive, of Title 14 of the California Code of Regulations.
   (11) Section 630 of Title 14 of the California Code of
Regulations.
   (12) Section 632 of Title 14 of the California Code of
Regulations, except if  the   either of the
following apply: 
    (A)     The  person who violates
 this   the  regulation holds a commercial
fishing license issued pursuant to Article 3 (commencing with Section
7850) of Chapter 1 of Part 3 of Division 6 or a commercial passenger
fishing boat license issued pursuant to Article 5 (commencing with
Section 7920) of Chapter 1 of Part 3 of Division 6. 
   (B) The violation of the regulation occurred within two years of a
prior violation of the regulation that resulted in a conviction.