BILL ANALYSIS Ó AB 298 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 298 (Gonzalez) As Amended June 11, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |80-0 |(April 20, |SENATE: | 37-0 | (June 18, 2015) | | | |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: 1)Provides that any violation of the Fish and Game Code or AB 298 Page 2 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 AB 298 Page 3 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 AB 298 Page 4 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