Fines, jail, confiscation, license revocation

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Posted by shark-92107 on November 21, 2002 at 18:46:49:

In Reply to: I just sent an email to F&G posted by msblucow on November 21, 2002 at 08:56:40:

The statutory maximum for many violations of the Fish & Game Code is $1000 and/or six months in jail. Not mentioned so far, but significant in this case, is that the equipment used in committing the crime (i.e., the boat and all the traps) is subject to confiscation.

Poaching for purposes of sale has a substantially higher penalty - $30,000 and/or one year in jail. If you read the LA Times article, you'll note that the poachers were quick to tell the wardens that they weren't going to sell the lobsters.

A quick look through the F&G Code doesn’t give an answer to whether the commercial lobster license can be permanently revoked as a result of this incident. Section 7857(b)(2) seems to give the F&G Commission authority to suspend the commercial fishing license. Section 12528 would allow the court to suspend or revoke the sport fishing license. FWIW, poaching abalone for commercial purposes clearly results in permanent revocation of a commercial fishing license.

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