Bill Text: CA SB764 | 2013-2014 | Regular Session | Amended

California Senate Bill 764 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Fish: accounting records: violation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-01-23 - In Assembly. Read first time. Held at Desk. [SB764 Detail]

Download: California-2013-SB764-Amended.html

BILL NUMBER: SB 764	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 6, 2014

INTRODUCED BY   Senator Yee

                        FEBRUARY 22, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 764, as amended, Yee.  Fish and wildlife protection.
  Fish: accounting records: violation.  
   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.  
   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.  
   Existing law declares that the protection and conservation of the
fish and wildlife resources of this state are of utmost public
interest.  
   This bill would make a nonsubstantive change to this provision.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 8050 of the   Fish and
Game Code   is amended to read: 
   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)  (1)    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. 
   (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. 
   (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.

  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.