BILL REQ. #:  S-0372.1 

Read first time 01/11/2007.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to a secondary commercial fish receiver's failure to account for commercial harvest; amending RCW 77.15.568; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 77.15.568 and 2003 c 336 s 1 are each amended to read as follows:
     ((Since violation of rules of the department relating to the accounting of the commercial harvest of food fish, commercialized game fish, and shellfish result in damage to the resources of the state, persons selling such fish and shellfish at retail, including but not limited to stores, markets, and restaurants, must maintain sufficient records for the department to be able to ascertain the origin of the fish and shellfish in their possession.
     (1) A retail fish seller is guilty of retail fish seller's failure to account for commercial harvest if the retail seller sells fish or shellfish at retail, the fish or shellfish were required to be entered on a Washington state fish receiving ticket, the seller is not a wholesale fish dealer or fisher selling under a direct retail sale endorsement, and the seller fails to maintain sufficient records at the location where the fish or shellfish are being sold to determine the following:
     (a) The name of the wholesale fish dealer or fisher selling under a direct retail sale endorsement from whom the fish were purchased;
     (b) The wholesale fish dealer's license number or the number of the fisher's sale under a direct retail sale endorsement;
     (c) The fish receiving ticket number documenting original receipt, if known;
     (d) The date of purchase; and
     (e) The amount of fish or shellfish originally purchased from the wholesale dealer or fisher selling under a direct retail sale endorsement.
     (2) A retail fish seller's failure to account for commercial harvest is a misdemeanor.))
     (1) A person is guilty of a secondary commercial fish receiver's failure to account for commercial harvest if:
     (a) The person sells fish or shellfish at retail, stores or holds fish or shellfish for another in exchange for valuable consideration, ships fish or shellfish in exchange for valuable consideration, or brokers fish or shellfish in exchange for valuable consideration;
     (b) The fish or shellfish were required to be entered on a Washington fish receiving ticket or a Washington aquatic farm production annual report; and
     (c) The person fails to maintain records of each receipt of fish or shellfish, as required under subsections (3) through (5) of this section, at the location where the fish or shellfish are being sold, at the location where the fish or shellfish are being stored or held, or at the principal place of business of the shipper or broker.
     (2) This section does not apply to a wholesale fish dealer, a fisher selling under a direct retail sale endorsement, or a registered aquatic farmer.
     (3) Records of the receipt of fish or shellfish required to be kept under this section must be in the English language and be maintained for three years from the date fish or shellfish are received, shipped, or brokered.
     (4) Records maintained by persons that retail or broker must include the following:
     (a) The name, address, and phone number of the wholesale fish dealer, fisher selling under a direct retail sale endorsement, or aquatic farmer or shellstock shipper from whom the fish or shellfish were purchased or received;
     (b) The Washington fish receiving ticket number documenting original receipt or aquatic farm production quarterly report documenting production, if available;
     (c) The date of purchase or receipt; and
     (d) The amount and species of fish or shellfish purchased or received.
     (5) Records maintained by persons that store, hold, or ship fish or shellfish for others must state the following:
     (a) The name, address, and phone number of the person and business from whom the fish or shellfish were received;
     (b) The date of receipt; and
     (c) The amount and species of fish or shellfish received.
     (6) A secondary commercial fish receiver's failure to account for commercial harvest is a misdemeanor.