People v. Brady

Opinion

LOW, P. J.

We hold that the illegal taking and killing of abalone from coastal waters may not be punished as grand theft under Penal Code section 487, subdivision 1, although it is punishable under several provisions of the Fish and Game Code. We affirm the order setting aside count 2.

Defendants were observed by fish and game officers illegally taking 196 abalone from the coastal waters off the Mendocino Coast, an area where commercial fishing for abalone is prohibited. When confronted by the officers, defendants lied about their activities and insisted they caught and consumed only a…