BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
                             Senator Fran Pavley, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 298          Hearing Date:    June 9,  
          2015
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          |Author:    |Gonzalez               |           |                 |
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          |Version:   |February 12, 2015    Introduced                      |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Angee Doerr                                          |
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                      Subject:  Fish and wildlife: violations.


          BACKGROUND AND EXISTING LAW
          Violations of the Fish and Game Code (FGC) are considered  
          misdemeanors, unless otherwise specified. FGC Section 12000  
          provides a list of violations that may be charged as an  
          infraction or a misdemeanor. Such infractions include, amongst  
          others:
                 Willful interference with the participation of any  
               individual in the lawful activity of shooting, hunting,  
               fishing, falconry, hunting dog field trials, hunting dog  
               training, or trapping
                 Fishing in certain locations without a sport fishing  
               ocean enhancement stamp
                 Collecting abalone without an abalone report card
                 Violation of regulations governing visitation and use of  
               ecological reserves

          FGC chapter 10.5, the Marine Life Protection Act, defines Marine  
          Protected Areas as "a named, discrete geographic marine or  
          estuarine area seaward of the mean high tide line or the mouth  
          of a coastal river, including any area of intertidal or subtidal  
          terrain, together with its overlying water and associated flora  
          and fauna that has been designated by law, administrative  
          action, or voter initiative to protect or conserve marine life  
          and habitat." This chapter provides guidance on the creation and  
          management of marine protected areas within California.








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          Section 632 of the California Code of Regulations (CCR) defines  
          the locations and restrictions on use of California's marine  
          protected areas, marine managed areas, or special closures.  
          Violations of CCR section 632 are dependent on the nature of the  
          protected area. Within Marine Reserves, it is considered  
          unlawful to injure, damage, take, or possess any living,  
          geological, or cultural marine resource. Within Marine  
          Recreational Management Areas, it is unlawful to perform any  
          activity that would compromise the recreational values for which  
          the area may be designated.

          Additionally, CCR section 632 provides restrictions on, and  
          definitions of, anchoring, transiting, access, and the use of  
          fishing gear within defined marine areas.

          FGC Article 3 (commencing with Section 7850) of Chapter 1 of  
          Part 3 of Division 6 defines requirements for licensing as a  
          commercial fisherman.

          FGC Article 5 (commencing with Section 7920) of Chapter 1 of  
          Part 3 of Division 6 defines requirements for acquiring a  
          commercial passenger fishing boat license.



          PROPOSED LAW
          This bill will add paragraph (12) to Section 12000 of the  
          California Fish and Game Code. Section 12000 deals with  
          "wobblets," items that may be charged as infractions or  
          misdemeanors depending on circumstances.

          Specifically, this bill dictates that individuals who fail to  
          follow the rules and regulations associated with the use of  
          marine protected areas, marine managed areas, or special  
          closures shall be charged with a 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.

          This section does not apply to individuals who hold a commercial  
          fishing license or a commercial passenger fishing boat license;  
          those individuals would still face misdemeanor charges.

          ARGUMENTS IN SUPPORT
          Writing in support of this bill, the California Fish and Game  








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          Wardens' Association states that AB298 will "provide more  
          diverse and appropriate enforcement of marine protected areas  
          (MPAs) in California. The bill will improve compliance with  
          marine wildlife and ecosystem protection laws associated with  
          the Marine Life Protection Act and California's network of 124  
          MPAs." The San Diego District Attorney's office states that  
          "misdemeanor prosecution is often too harsh of a penalty for  
          minor violations?[and] we do not have the resources to  
          criminally prosecute all of these cases. AB 298 would permit a  
          minor violation to be treated as an infraction."

          ARGUMENTS IN OPPOSITION
          None Received

          COMMENTS
          Why a wobblet? Currently, all violations of the rules and  
          regulations association with marine managed and protected areas  
          in California are considered misdemeanors, and are treated as  
          such. This requires criminal prosecution, a fine, and the  
          possibility of imprisonment. Often times, the offenders in MPA  
          violations are tourists or sport fishers, who are unaware that  
          they are in violation of regulations. Allowing these first time  
          offenders to receive an infraction rather than a misdemeanor  
          reduces cost and time requirements for wardens and law  
          enforcement, and increase the likelihood that these individuals  
          will be charged.

          SUGGESTED AMENDMENTS 
          
          AMENDMENT 1
               Subsequent violations a misdemeanor? Currently, the bill  
               exempts commercial fishermen and commercial passenger  
               fishing boats from being eligible for a reduced charge. The  
               bill should also make it clear that subsequent offenders  
               will be charged with a misdemeanor rather than an  
               infraction, similar to the language in FGC section 2009.  
               Currently, an initial violation of FGC 2009 is a wobblet  
               under FGC section 12000. However, section 2009(c) reads:  
               "(c) Any person convicted for a violation of this section  
               that occurred within two years of a prior violation of this  
               section which resulted in a conviction is guilty of a  
               misdemeanor, punishable by imprisonment in the county jail  
               for a period of not more than one year, by a fine of not  
               less than one hundred dollars ($100) and not to exceed one  








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               thousand dollars ($1,000), or by both imprisonment and  
               fine." Similar language should be added to this bill.
          
          SUPPORT
          Los Angeles County District Attorney's Office (co-sponsor)
          WiLDCOAST (co-sponsor)
          AZUL
          Black Surfers Collective
          California Coastal Protection Network
          California Coastkeeper Alliance
          California Fish and Game Wardens' Association
          Environmental Action Committee of West Marin
          Environmental Defense Center
          Heal the Bay
          Los Angeles Waterkeeper
          Monterey Bay Aquarium
          MPA Collaborative Implementation Project
               (includes San Diego, Orange County, Los Angeles, Catalina,  
               San Luis Obispo, Monterey, San Mateo, Golden Gate, Sonoma,  
               Mendocino, Humboldt, and Del Norte Collaboratives)
          NRDC
          Oceana
          Ocean Conservancy
          Orange County Coastkeeper
          RCD of the Santa Monica Mountains
          San Diego Coastkeeper
          San Diego Council of Divers
          San Diego County District Attorney
          Santa Barbara Channelkeeper
          Sierra Club California
          Surfrider Foundation
          The Otter Project
          United States Freediving Association

          OPPOSITION
          None Received

          
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