BILL ANALYSIS Ó
AB 298
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
298 (Gonzalez)
As Amended June 11, 2015
Majority vote
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|ASSEMBLY: |80-0 |(April 20, |SENATE: | 37-0 | (June 18, 2015) |
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Original Committee Reference: W., P., & W.
SUMMARY: Makes certain violations of regulations restricting
activities in Marine Protected Areas (MPAs) punishable as either
an infraction or a misdemeanor, unless the person who violates
the regulation holds a commercial fishing license or a
commercial passenger fishing boat license, or the violation
occurs within two years of a prior violation of the same
regulation, in which case the violation shall be a misdemeanor.
The Senate amendments expand the exception to provide that a
second violation of the same regulation within two years of the
first violation shall be punishable as a misdemeanor.
EXISTING LAW:
1)Provides that any violation of the Fish and Game Code or
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regulations adopted under the code is a misdemeanor, except
where expressly provided otherwise. Makes a misdemeanor
punishable by a fine of not more than $1,000, imprisonment in
county jail for not more than six months, or by both the fine
and imprisonment.
2)Provides that certain specified violations of the Fish and
Game Code or regulations may be punishable as an infraction or
a misdemeanor. Infractions are punishable by a fine of not
less than $100 and not more than $1,000.
3)Authorizes the FGC, under the Marine Life Protection Act
(MLPA) to approve a network of MPAs to protect and conserve
marine life and habitat, and to regulate commercial and
recreational fishing and any other taking of marine species in
MPAs. Current regulations of the FGC regulate the public use
of MPAs, other marine managed areas, and special closure
areas.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: The author's purpose in introducing this bill is to
improve compliance with ocean wildlife and habitat protection
laws by providing additional tools to wildlife officers and
other law enforcement. The MLPA authorized the FGC, following a
comprehensive public planning process, to establish a network of
marine protected areas to protect and conserve marine living
resources, habitats and ecosystems. The process of establishing
a statewide MPA network in California was completed in 2012.
Under current law, any violation of the Fish and Game Code or
regulations adopted under the code, unless otherwise specified,
is punishable as a misdemeanor. This bill would make certain
violations of regulations implementing the MLPA punishable as
either an infraction or a misdemeanor, commonly referred to as a
"wobblette." This allows a prosecutor to decide whether to file
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a misdemeanor or an infraction charge, depending on the severity
of the circumstances. Arguments in support of wobblettes
include that by allowing the option of either a misdemeanor or
an infraction to be charged, this flexibility may actually lead
to more prosecutions, since minor violations are often dismissed
and not prosecuted at all if the prosecution does not feel that
a misdemeanor charge is warranted. In such a case, this bill
would allow the violator to be cited for an infraction. On the
other hand, this bill would also allow a more serious violation
to be prosecuted as a misdemeanor, with the decision being left
up to the discretion of the charging entity.
Prior related legislation includes SB 392 (Berryhill), Chapter
346, Statutes of 2013, which amended the same code section to
make a violation of regulations prohibiting the possession of
birds taken in excess of daily bag and possession limits
punishable as either a misdemeanor or an infraction. AB 1423
(Berryhill), Chapter 394, Statutes of 2009, similarly made
violation of the prohibition on willfully interfering with the
participation of an individual engaged in the lawful activity of
shooting, hunting, fishing, falconry, or trapping enforceable as
either an infraction or a misdemeanor, and made a 2nd violation
within 2 years of a prior violation punishable as a misdemeanor.
AB 1729 (Committee on Water, Parks & Wildlife), Chapter 285,
Statutes of 2007, also converted a number of violations of FGC
regulations from misdemeanors to infractions or misdemeanor
wobblettes, including regulations pertaining to the take of
squirrels, rabbits, small game and game birds, and bag and
possession limits for sport fish.
The Senate amendments expand the exception to the wobblette such
that a second violation of the same offense within two years of
the first violation would still be subject only to the higher
misdemeanor penalty.
Supporters of this bill assert that this bill will improve
enforcement of California's MPA network by providing law
enforcement with the authority to issue infractions instead of
misdemeanors. They note that California's MPA network is the
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largest scientifically based network of MPAs in the United
States, and was crafted with significant stakeholder
involvement. While compliance with MPAs appears to be high
overall, supporters assert that illegal poaching is occurring in
MPAs throughout the state. However, due to the heavy caseloads
of district attorneys, evidentiary issues, and other competing
priorities, MPA laws are often under-enforced. By allowing for
the issuing of infractions, violators may be prosecuted more
regularly and efficiently, while also allowing district
attorneys to focus on fully prosecuting more serious poaching
cases. There is no known opposition to this bill.
Analysis Prepared by:
Diane Colborn / W., P., & W. / (916) 319-2096
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