Amended in Senate January 6, 2014

Senate Bill No. 764

Introduced by Senator Yee

February 22, 2013

An act to amend Section begin delete 1600 end delete begin insert 8050 end insert of the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL’S DIGEST

SB 764, as amended, Yee. begin delete Fish and wildlife protection. end delete begin insert Fish: accounting records: violation. end insert

begin insert

Existing law requires commercial licensed fisherman and any person who deals in fresh or frozen fish for profit to keep prescribed accounting records. Existing law requires this accounting record information that is transmitted to any business that deals in fish for profit to be in the English language. Under existing law, a violation of any provision of the Fish and Game Code, or any rule, regulation, or order made or adopted under those provisions, is a misdemeanor, unless otherwise specified.

end insert begin insert

This bill would require a person in violation of the requirement that the prescribed accounting record information be in the English language for the first time to have 30 days from the issuance of the citation to correct the violation by providing a translation in the English language to any fish and game warden. The bill would require the citation to be dismissed if the fish and game warden finds the corrected accounting information to be in compliance with these provisions.

end insert begin delete

Existing law declares that the protection and conservation of the fish and wildlife resources of this state are of utmost public interest.

end delete begin delete

This bill would make a nonsubstantive change to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 8050 of the end insert begin insert Fish and Game Code end insert begin insert is
amended to read: end insert

8050.  

(a) In addition to the receipt required in Section 8043,
every person licensed under Article 7 (commencing with Section
8030), and any commercial fisherman who sells fish to persons
who are not licensed under Article 7 (commencing with Section
8030), and any person who deals in fresh or frozen fish for profit,
shall keep accounting records in which all of the following shall
be recorded:

(1) The names of the different species.

(2) The number of pounds sold, distributed, or taken of each
different species.

(3) The name of the person to whom the fish were sold or
distributed.

(4) The name, address, and phone number of the seller or
distributor.

(5) The date of sale.

(6) The price paid.

(7) The intended use.

(b)  begin insert (1) end insert begin insert   end insert Accounting record information required by this section
that is transmitted from any person identified in subdivision (a) to
any business that deals in fish for profit shall be in the English
language.

begin insert

(2) A person in violation of this subdivision for the first time
shall have 30 days from the issuance of the citation to correct the
violation by providing a translation of the accounting record
information in the English language to any fish and game warden.
The citation shall be dismissed if the fish and game warden finds
the corrected accounting record information to be in compliance
with this subdivision.

end insert

(c) The accounting records shall be maintained by both buyer
and seller for a period of three years and upon request, shall be
open for inspection during normal business hours by the
department. The accounting records shall be maintained within
the State of California.

(d) The names used for designating the species of fish shall be
those in common usage unless otherwise designated by the
department.

begin delete

SECTION 1.  

Section 1600 of the Fish and Game Code is
amended to read:

1600.  

The Legislature finds and declares that the protection
and conservation of the fish and wildlife resources of this state are
of utmost public interest. Fish and wildlife are the property of the
people and provide a major contribution to the economy of the
state, as well as providing a significant part of the people’s food
supply; therefore the conservation of fish and wildlife is a proper
responsibility of the state. This chapter is enacted to provide
conservation for these resources.

end delete