SB 764, as amended, Yee. Fish: accounting records: violation.
Existing law requires commercial licensedbegin delete fishermanend deletebegin insert fishermenend insert and any person who deals in fresh or frozen fish for profit to keep prescribed accounting records. Existing law requires any of 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.
This bill would require a commercial licensed fisherman and any person who deals in fresh or frozen fish for profit to transmit the prescribed accounting record information, as further specified, to any business that deals in fish for profit.begin insert The bill would permit the accounting record information to be provided in one or more additional languages.end insert By expanding the definition of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 8050 of the Fish and Game Code is
2amended to read:
(a) In addition to the receipt required in Section 8043,
4every person licensed under Article 7 (commencing with Section
58030), and any commercial fisherman who sells fish to persons
6who are not licensed under Article 7 (commencing with Section
78030), and any person who deals in fresh or frozen fish for profit,
8shall keep accounting records in which all of the following shall
9be recorded:
10(1) The names of the different species.
11(2) The number of pounds sold, distributed, or taken of each
12different species.
13(3) The name of the
person to whom the fish were sold or
14distributed.
15(4) The name, address, andbegin delete phoneend deletebegin insert telephoneend insert number of the seller
16or distributor.
17(5) The date of sale.
18(6) The price paid.
19(7) The intended use.
20(b) A person identified in subdivision (a) shall transmit any
21accounting record information required by this
section, including,
22but not limited to, the bill of lading, manifest, advanced shipping
23notice, or alternative accounting record document, to any business
24that deals in fish for profit and shall provide the accounting record
25information in the English languagebegin insert, and may also provide it in
26one or more additional languagesend insert.
27(c) The accounting records shall be maintained by both buyer
28and seller for a period of three years and upon request, shall be
29open for inspection during normal business hours by the
P3 1department. The accounting records shall be maintained within
2the State of California.
3(d) The names used for designating the species of fish shall be
4those in common
usage unless otherwise designated by the
5
department.
No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.
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