AB 298: Fish and wildlife: violations.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-06-30
Existing law generally makes any violation of the Fish and Game Code or any rule, regulation, or order made or adopted under the code a misdemeanor, and specifies that a violation of designated statutes or regulations is either an infraction or a misdemeanor.
This bill would make a violation of a specified regulation relating to marine protected areas, marine managed areas, and special closures an infraction or a misdemeanor, except if (1) the person who violates the regulation holds a commercial fishing license or a commercial passenger fishing boat license or (2) the violation of the regulation occurred within 2 years of a prior violation of the regulation that resulted in a conviction.
Existing law generally makes any violation of the Fish and Game Code or any rule, regulation, or order made or adopted under the code a misdemeanor, and specifies that a violation of designated statutes or regulations is either an infraction or a misdemeanor.
This bill would make a violation of a specified regulation relating to marine protected areas, marine managed areas, and special closures an infraction or a misdemeanor, except if (1) the person who violates the regulation holds a commercial fishing license or a commercial passenger fishing boat license or (2) the violation of the regulation occurred within 2 years of a prior violation of the regulation that resulted in a conviction.
Existing law generally makes any violation of the Fish and Game Code or any rule, regulation, or order made or adopted under the code a misdemeanor, and specifies that a violation of designated statutes or regulations is either an infraction or a misdemeanor.
This bill would make a violation of a specified regulation relating to marine protected areas, marine managed areas, and special closures an infraction or a misdemeanor, except if (1) the person who violates the regulation holds a commercial fishing license or a commercial passenger fishing boat license. license or (2) the violation of the regulation occurred within 2 years of a prior violation of the regulation that resulted in a conviction.
Existing law generally makes any violation of the Fish and Game Code or any rule, regulation, or order made or adopted under the code a misdemeanor, and specifies that a violation of designated statutes or regulations is either an infraction or a misdemeanor.
This bill would make a violation of a specified regulation relating to marine protected areas, marine managed areas, and special closures an infraction or a misdemeanor, except if the person who violates the regulation holds a commercial fishing license or a commercial passenger fishing boat license.
(a)Except as expressly provided otherwise in this code, any violation of this code, or of any rule, regulation, or order made or adopted under this code, is a misdemeanor.
(b)Notwithstanding subdivision (a), a person who violates any of the following statutes or regulations is guilty of 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:
(1)Section 2009.
(2)Subdivision (a) of Section 6596.
(3)Section 7149.8.
(4)Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the California Code of Regulations.
(5)Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive, of Title 14 of the California Code of Regulations.
(6)Sections 27.56 to 30.10, inclusive, of Title 14 of the California Code of Regulations.
(7)Sections 40 to 43, inclusive, of Title 14 of the California Code of Regulations.
(8)Section 251.7 of Title 14 of the California Code of Regulations.
(9)Sections 307, 308, and 311 to 313, inclusive, of Title 14 of the California Code of Regulations.
(10)Sections 505, 507 to 510, inclusive, and 550 to 553, inclusive, of Title 14 of the California Code of Regulations.
(11)Section 630 of Title 14 of the California Code of Regulations.
(12)Section 632 of Title 14 of the California Code of Regulations, except if either of the following apply:
(A)The person who violates the regulation holds a commercial fishing license issued pursuant to Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6 or a commercial passenger fishing boat license issued pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6.
(B)The violation of the regulation occurred within two years of a prior violation of the regulation that resulted in a conviction.
(a)Except as expressly provided otherwise in this code, any violation of this code, or of any rule, regulation, or order made or adopted under this code, is a misdemeanor.
(b)Notwithstanding subdivision (a), a person who violates any of the following statutes or regulations is guilty of 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:
(1)Section 2009.
(2)Subdivision (a) of Section 6596.
(3)Section 7149.8.
(4)Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the California Code of Regulations.
(5)Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive, of Title 14 of the California Code of Regulations.
(6)Sections 27.56 to 30.10, inclusive, of Title 14 of the California Code of Regulations.
(7)Sections 40 to 43, inclusive, of Title 14 of the California Code of Regulations.
(8)Section 251.7 of Title 14 of the California Code of Regulations.
(9)Sections 307, 308, and 311 to 313, inclusive, of Title 14 of the California Code of Regulations.
(10)Sections 505, 507 to 510, inclusive, and 550 to 553, inclusive, of Title 14 of the California Code of Regulations.
(11)Section 630 of Title 14 of the California Code of Regulations.
(12)Section 632 of Title 14 of the California Code of Regulations, except if either of the following apply:
(A)The person who violates the regulation holds a commercial fishing license issued pursuant to Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6 or a commercial passenger fishing boat license issued pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6.
(B)The violation of the regulation occurred within two years of a prior violation of the regulation that resulted in a conviction.
(a)Except as expressly provided otherwise in this code, any violation of this code, or of any rule, regulation, or order made or adopted under this code, is a misdemeanor.
(b)Notwithstanding subdivision (a), a person who violates any of the following statutes or regulations is guilty of 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:
(1)Section 2009.
(2)Subdivision (a) of Section 6596.
(3)Section 7149.8.
(4)Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the California Code of Regulations.
(5)Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive, of Title 14 of the California Code of Regulations.
(6)Sections 27.56 to 30.10, inclusive, of Title 14 of the California Code of Regulations.
(7)Sections 40 to 43, inclusive, of Title 14 of the California Code of Regulations.
(8)Section 251.7 of Title 14 of the California Code of Regulations.
(9)Sections 307, 308, and 311 to 313, inclusive, of Title 14 of the California Code of Regulations.
(10)Sections 505, 507 to 510, inclusive, and 550 to 553, inclusive, of Title 14 of the California Code of Regulations.
(11)Section 630 of Title 14 of the California Code of Regulations.
(12)Section 632 of Title 14 of the California Code of Regulations, except if the either of the following apply:
(A)The person who violates this the regulation holds a commercial fishing license issued pursuant to Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6 or a commercial passenger fishing boat license issued pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6.
(B)The violation of the regulation occurred within two years of a prior violation of the regulation that resulted in a conviction.
(a)Except as expressly provided otherwise in this code, any violation of this code, or of any rule, regulation, or order made or adopted under this code, is a misdemeanor.
(b)Notwithstanding subdivision (a), a person who violates any of the following statutes or regulations is guilty of 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:
(1)Section 2009.
(2)Subdivision (a) of Section 6596.
(3)Section 7149.8.
(4)Sections 1.14, 1.17, 1.62, 1.63, and 1.74 of Title 14 of the California Code of Regulations.
(5)Sections 2.00 to 5.95, inclusive, and 7.00 to 8.00, inclusive, of Title 14 of the California Code of Regulations.
(6)Sections 27.56 to 30.10, inclusive, of Title 14 of the California Code of Regulations.
(7)Sections 40 to 43, inclusive, of Title 14 of the California Code of Regulations.
(8)Section 251.7 of Title 14 of the California Code of Regulations.
(9)Sections 307, 308, and 311 to 313, inclusive, of Title 14 of the California Code of Regulations.
(10)Sections 505, 507 to 510, inclusive, and 550 to 553, inclusive, of Title 14 of the California Code of Regulations.
(11)Section 630 of Title 14 of the California Code of Regulations.
(12)Section 632 of Title 14 of the California Code of Regulations, except if the person who violates this regulation holds a commercial fishing license issued pursuant to Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6 or a commercial passenger fishing boat license issued pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6.
|
Date
|
Status
|
|---|---|
| Jun 10, 2015 | From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 9. Noes 0.) (June 9). |
| Jun 30, 2015 | Chaptered by Secretary of State - Chapter 31, Statutes of 2015. |
| Jun 30, 2015 | Approved by the Governor. |
| Jun 26, 2015 | Enrolled and presented to the Governor at 11 a.m. |
| Jun 22, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 1.). |
| Jun 22, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 1. Page 2084.). |
| Jun 18, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 1491.). |
| Jun 18, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jun 18, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 20 pursuant to Assembly Rule 77. |
| Jun 11, 2015 | Read second time and amended. Ordered to consent calendar. |
| Feb 12, 2015 | Read first time. To print. |
| May 7, 2015 | Referred to Com. on N.R. & W. |
| Apr 20, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 1016.) |
| Apr 20, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 15, 2015 | Read second time. Ordered to consent calendar. |
| Apr 14, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (April 14). |
| Apr 14, 2015 | From committee: Do pass. Ordered to Consent Calendar. (Ayes 15. Noes 0.) (April 14). |
| Feb 23, 2015 | Referred to Com. on W., P., & W. |
| Feb 13, 2015 | From printer. May be heard in committee March 15. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 22, 2015 | AB 298 GONZALEZ Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Jun 18, 2015 | Consent Calendar 2nd AB298 Gonzalez | Senate Floor |
Passed |
|
| Jun 9, 2015 | Do pass as amended, and be ordered to the Consent Calendar | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| Apr 20, 2015 | AB 298 GONZALEZ Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 14, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Azul | ** Support | Jun 22, 2015 |
| Black Surfers Collective | ** Support | Jun 22, 2015 |
| California Coastal Protection Network | ** Support | Jun 22, 2015 |
| California Coastkeeper Alliance | ** Support | Jun 22, 2015 |
| California Fish And Game Wardens' Association | ** Support | Jun 22, 2015 |
| Environmental Action Committee of West Marin | ** Support | Jun 22, 2015 |
| Environmental Defense Center | ** Support | Jun 22, 2015 |
| Heal The Bay | ** Support | Jun 22, 2015 |
| Los Angeles County District Attorney'S Office | ** Support | Jun 22, 2015 |
| Los Angeles Waterkeeper | ** Support | Jun 22, 2015 |
| Monterey Bay Aquarium | ** Support | Jun 22, 2015 |
| MPA Collaborative Implementation Project | ** Support | Jun 22, 2015 |
| NRDC | ** Support | Jun 22, 2015 |
| Oceana | ** Support | Jun 22, 2015 |
| Orange County Coastkeeper | ** Support | Jun 22, 2015 |
| RCD of the Santa Monica Mountains | ** Support | Jun 22, 2015 |
| San Diego Coastkeeper | ** Support | Jun 22, 2015 |
| San Diego Council of Divers | ** Support | Jun 22, 2015 |
| San Diego County District Attorney | ** Support | Jun 22, 2015 |
| Santa Barbara Channelkeeper | ** Support | Jun 22, 2015 |
| Sierra Club California | ** Support | Jun 22, 2015 |
| Surfrider Foundation | ** Support | Jun 22, 2015 |
| The Ocean Conservancy | ** Support | Jun 22, 2015 |
| The Otter Project | ** Support | Jun 22, 2015 |
| United States Freediving Association | ** Support | Jun 22, 2015 |
| Wildcoast | ** Support | Jun 22, 2015 |
AB 298
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 298
(Gonzalez)
As Amended June 11, 2015
Majority vote
ASSEMBLY: |
80-0 |
(April 20, 2015) |
SENATE: |
37-0 |
(June 18, 2015) |
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:
Provides that any violation of the Fish and Game Code or 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.
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.
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 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 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 FN: 0000931
AB 298
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: AB 298
Amended: 6/11/15
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
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.
Existing law:
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 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
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.
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.
Provides restrictions on, and definitions of, anchoring, transiting, access, and the use of fishing gear within defined marine areas (CCR Section 632).
Defines requirements for licensing as a commercial fisherman FGC Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6.
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:
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.
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.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
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: (Verified 6/11/15)
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 13:37:47
**** END ****
AB 298
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: AB 298
Amended: 6/11/15 in Senate
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.
Existing law:
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 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
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.
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.
Provides restrictions on, and definitions of, anchoring, transiting, access, and the use of fishing gear within defined marine areas (CCR Section 632).
Defines requirements for licensing as a commercial fisherman FGC Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6.
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:
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.
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.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
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: (Verified 6/11/15)
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
**** END ****
AB 298 (Gonzalez) Page 3 of 3
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.
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 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 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 --
Bill Author
Bill Co-Author(s):