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SB-269 Commercial fishing businesses and marine aquaria: landing receipts.(2017-2018)

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Date Published: 08/06/2018 02:00 PM
SB269:v97#DOCUMENT

Amended  IN  Assembly  August 06, 2018
Amended  IN  Assembly  June 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 269


Introduced by Senator McGuire

February 08, 2017


An act to amend Sections 8043.1, 8046, and 8047 of the Fish and Game Code, relating to commercial fishing.


LEGISLATIVE COUNSEL'S DIGEST


SB 269, as amended, McGuire. Commercial fishing businesses and marine aquaria: landing receipts.
(1) Existing law regulating commercial fishing imposes, or authorizes the imposition of, various license, permit, and registration fees. Existing law requires specified persons to pay commercial fishing fees, referred to as landing fees, and sets forth requirements for the documentation of those landing fees in the form of a landing receipt, as prescribed. Existing law requires that a person required to be licensed as a marine aquaria receiver make a legible, true, and complete record of the landing receipts on a form and in a manner prescribed by the Department of Fish and Wildlife, and deliver copies of those receipts to the department on or before the first and 16th day of each month, as provided. Existing law requires a person licensed as a commercial fish business who takes his or her own fish to make a legible record in the form of a landing receipt, as specified, at the time the fish are brought ashore, and requires that the original signed copy of the landing receipt be delivered by the licensee to the department on or before the 16th day or the last day of the month in which the fish were landed, whichever date occurs first after landing. Under existing law, a violation of the Fish and Game Code is a crime.
This bill would specify that the original signed copy of the paper landing receipt made under those provisions governing landing receipts for a licenced marine aquaria and a commercial fish business who takes his or her own fish shall be delivered to the department on or before the 16th or last day of the month in which the fish were landed, whichever date occurs first after the landing, as prescribed, and would require that landing receipt records that are completed and submitted electronically be submitted to the department within 24 hours 3 business days, as defined, of the landing. Because a violation of this requirement expands the definition of a crime, the bill would impose a state-mandated local program.
(2) 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   Local Program: YES  

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


SECTION 1.

 Section 8043.1 of the Fish and Game Code is amended to read:

8043.1.
 (a) A person required to be licensed as a marine aquaria receiver shall make a legible, true, and complete record of the landing receipts on a form and in a manner prescribed by the department.
(b) The department may require any information from a person required to be licensed as a marine aquaria receiver it deems necessary to carry out this article.
(c) The landing receipt form shall be completed at the time the organisms are received from the commercial fisherman. A person required to be licensed as a marine aquaria receiver who takes his or her own organisms shall complete a marine aquaria landing receipt form at the time the organisms are brought ashore.
(d) The copies of the aquaria landing receipts shall be delivered to the department, as provided in Section 8046.

SEC. 2.

 Section 8046 of the Fish and Game Code is amended to read:

8046.
 (a) The original signed copy of the paper landing receipt made under Section 8043 or 8043.1 shall be delivered to the department on or before the 16th or last day of the month in which the fish were landed, whichever date occurs first after the landing. Landing receipt records completed and submitted electronically shall be submitted to the department within 24 hours three business days of the landing. A copy of the landing receipt shall be delivered to the commercial fisherman at the time of the purchase or receipt of the fish. That copy of the landing receipt shall be retained by the commercial fisherman for a period of four years and shall be available for inspection at any time during that period by the department. A copy of the landing receipt shall be kept by the person licensed pursuant to Article 7 (commencing with Section 8030) who filled out the landing receipt for a period of four years and shall be available for inspection at any time within that period by the department.
(b) On delivery of sardines, anchovies, mackerel, squid, tuna, or bonito intended to be processed or sold as fresh fish, the person licensed pursuant to Article 7 (commencing with Section 8030) who filled out the landing receipt, upon request of the authorized agent described in subdivision (c), shall notify the authorized agent of the unloading and weighing of the fish and shall permit the authorized agent to be present at all times during the weighing of the fish.
(c) A copy of the landing receipt shall be delivered to an agent authorized in writing by the majority of the persons who participated in the taking of the fish, excluding the commercial fisherman receiving the original copy.
(d) For purposes of this section, “business day” means Monday to Friday, inclusive, excluding days designated as state or federal holidays.

SEC. 3.

 Section 8047 of the Fish and Game Code is amended to read:

8047.
 (a) (1) A person licensed under Article 7 (commencing with Section 8030) who takes his or her own fish shall make a legible record in the form of the landing receipt as required by Sections 8043 and 8043.1 at the time the fish are brought ashore. The original signed copy of the landing receipt shall be delivered by the licensee to the department, as provided in Section 8046. A copy of the landing receipt shall be retained by the licensee for a period of four years and shall be available for inspection at any time within that period by the department. A copy of the landing receipt shall be delivered to an agent authorized in writing by the majority of the persons who participated in the taking of the fish, excluding the commercial fisherman receiving the original copy.
(2) A person licensed under Section 8033.5 who sells his or her fish to a licensed receiver may use a transportation receipt to transport those fish only to that licensed receiver. The receiver shall complete a landing receipt for those fish. A person who sells his or her fish to the ultimate consumer shall complete a landing receipt pursuant to Sections 8043 and 8043.2. Transportation receipts shall be completed at the time the fish are transferred from the fishing vessel.
(b) Every commercial fisherman who sells fish taken from the waters of this state or brought into this state in fresh condition to persons not licensed to receive fish for commercial purposes pursuant to Article 7 (commencing with Section 8030) shall make a legible record in the form of the landing receipt required by Sections 8043 and 8043.1. Persons subject to Section 8043 shall remit the landing fee imposed by Section 8041. The person taking, purchasing, or receiving the fish, whether or not licensed under Article 7 (commencing with Section 8030), shall sign the landing receipt. The original signed copy of the landing receipt shall be delivered by the commercial fisherman to the department, as provided in Section 8046. A copy of the landing receipt shall be retained by the commercial fisherman for a period of four years and shall be available for inspection at any time within that period by the department. A copy of the landing receipt shall be retained by the person taking, purchasing, or receiving the fish until they are prepared for consumption or otherwise disposed of. A copy of the landing receipt shall be delivered to an agent authorized in writing by the majority of the persons who participated in the taking of the fish, excluding the commercial fisherman receiving the original copy.
(c) (1) Every commercial fisherman or his or her designee, who transports, causes to be transported, or delivers to another person for transportation, any fish, except herring, taken from the waters of this state or brought into this state in fresh condition, shall fill out a transportation receipt according to the instructions and on forms provided by the department at the time the fish are brought ashore.
(2) The original signed copy of the transportation receipt shall be delivered by the commercial fisherman to the department on or before the 16th day or the last day of the month in which the fish were landed, whichever date occurs first after landing. A copy of the transportation receipt shall be retained by the commercial fisherman who filled it out for a period of four years and shall be available for inspection at any time within that period by the department. A copy of the transportation receipt shall be given to and retained by the person transporting the fish until the fish are sold fresh, processed, or otherwise disposed of.
(3) The transportation receipt is required only for transit purposes.
(4) A person transporting fish from the point of first landing under a transportation receipt is not required to be licensed to conduct the activities of a fish receiver as described in Section 8033.
(5) The transportation book receipt shall be issued to an individual fisherman and is not transferable.
(d) The transportation receipt shall contain all of the following information:
(1) The name of each species of fish, pursuant to Section 8045.
(2) The date and time of the receipt.
(3) The accurate weight of the species of fish being transported. Sablefish may be reported in dressed weight, and if so reported, shall have the round weights computed, for purposes of management quotas, by multiplying 1.6 times the reported dressed weight.
(4) The name and identification number of the fisherman. The signature of the fisherman authorizing transportation.
(5) The name of the person transporting the fish.
(6) The name of the fish business, the fish business identification number, and the corresponding landing receipt number issued by the fish business to the commercial fisherman.
(7) The department registration number of the vessel and the name of the vessel.
(8) The department origin block number where the fish were caught.
(9) The port of first landing.
(10) Any other information the department may prescribe.
(e) The numbered transportation receipt forms in each individual transportation receipt book shall be completed sequentially. A voided fish transportation receipt shall have the word “VOID” plainly and noticeably written on the face of the receipt. A voided fish transportation receipt shall be submitted to the department in the same manner as a completed fish transportation receipt is submitted to the department. A commercial fisherman who is no longer conducting business as a licensed fisherman shall forward all unused transportation receipts and transportation receipt books to the department immediately upon terminating his or her business activity.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.