BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 298|
|Office of Senate Floor Analyses | |
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CONSENT
Bill No: AB 298
Author: Gonzalez (D)
Amended: 6/11/15 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/9/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,
Monning, Vidak, Wolk
ASSEMBLY FLOOR: 80-0, 4/20/15 (Consent) - See last page for
vote
SUBJECT: Fish and wildlife: violations
SOURCE: Los Angeles County District Attorney's Office
WiLDCOAST
DIGEST: This bill makes first time violations of the rules and
regulations associated with California's Marine Protected Areas
and Managed Areas an infraction, rather than a misdemeanor, as
long as the individual being charged is not a commercial
fisherman or piloting a commercial passenger fishing vessel.
ANALYSIS:
Existing law:
1)Provides that violations of the Fish and Game Code (FGC) be
considered misdemeanors, unless otherwise specified. FGC
Section 12000 provides a list of violations that may be
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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
1)Defines Marine Protected Areas (FGC Chapter 10.5, the Marine
Life Protection Act) 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.
2)Defines the locations and restrictions on use of California's
marine protected areas, marine managed areas, or special
closures (Section 632 of the California Code of Regulations
(CCR)). 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.
3)Provides restrictions on, and definitions of, anchoring,
transiting, access, and the use of fishing gear within defined
marine areas (CCR Section 632).
4)Defines requirements for licensing as a commercial fisherman
FGC Article 3 (commencing with Section 7850) of Chapter 1 of
Part 3 of Division 6.
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5)Defines requirements for acquiring a commercial passenger
fishing boat license FGC Article 5 (commencing with Section
7920) of Chapter 1 of Part 3 of Division 6.
This bill adds 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:
1)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.
2)Provides 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. In addition, if an individual is convicted of a
violation within two years of a previous conviction, they will
be charges with a misdemeanor rather than an infraction.
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
marine protected area 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.
Who is eligible for an infraction charge? Only first time
offenders will be eligible for an infraction. The bill exempts
commercial fishermen, commercial passenger fishing boats, and
repeat offenders from receiving a reduced charge.
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FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified6/11/15)
Los Angeles County District Attorney's Office (co-source)
WiLDCOAST (co-source)
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: (Verified6/11/15)
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None received
ARGUMENTS IN SUPPORT: Writing in support of this bill, the
California Fish and Game Wardens' Association states that AB 298
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."
ASSEMBLY FLOOR: 80-0, 4/20/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
Prepared by:Angee Doerr / N.R. & W. / (916) 651-4116
6/12/15 14:46:33
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