[Approved by Governor June 30, 2015. Filed with Secretary of State June 30, 2015.]
AB 298, 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 or (2) the violation of the regulation occurred within 2 years of a prior violation of the regulation that resulted in a conviction.
The people of the State of California do enact as follows:
Section 12000 of the Fish and Game Code is amended to read:
(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 either of the following apply:
(A) The person who violates 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.
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