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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