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 ----------------------------------------------------------------- |Author: |Gonzalez | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |February 12, 2015 Introduced | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Angee Doerr | | | | ----------------------------------------------------------------- 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. AB 298 (Gonzalez) Page 2 of ? 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 AB 298 (Gonzalez) Page 3 of ? 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 AB 298 (Gonzalez) Page 4 of ? 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 -- END --