Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Agriculture & Natural Resources Committee

SB 5306

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background:

Secondary Fish Receiver Records.

A secondary fish receiver is an individual who sells fish or shellfish at retail; stores, holds, or ships fish or shellfish in exchange for valuable consideration; or serves as a broker for transactions involving fish or shellfish in exchange for valuable consideration. Secondary fish receivers must maintain certain records for fish or shellfish documented on a fish-receiving ticket or aquatic farm production annual report. Records maintained by persons who broker fish or shellfish, or sell fish or shellfish at retail must include:

identifying information for the person who provided the fish or shellfish;
the fish-receiving ticket number, or aquatic farm production quarterly report, if applicable; and
information relating to the date of purchase or receipt and the quantity and species purchased or received.

Records maintained by persons who store, hold, or ship fish or shellfish for others must include:

identifying information for the person who provided the fish or shellfish; and
information relating to the date of receipt and the quantity and species received.

These records must be kept at the location where the fish or shellfish are being sold or held, or at the principal place of business of the shipper or broker, and must be maintained for three years. The crime of Secondary Commercial Fish Receiver's Failure to Account for Commercial Harvest is a misdemeanor and may be prosecuted if the secondary fish receiver fails to accurately maintain the required records.

A wholesale fish dealer acting in the capacity of a broker is required to maintain secondary fish receiver records; however, a wholesale fish dealer acting in the capacity of a wholesale fish dealer, fishers selling under a direct retail endorsement, and registered aquatic farmers are not required to maintain secondary fish receiver records.

Aquatic Farm Reports and Fish-Receiving Tickets.

Registered aquatic farmers must document their monthly production and submit aquatic farm reports on a quarterly basis. Aquatic farm reports must include the name, address, and phone number of the aquiculture firm, farm registration and location number, species grown at the farm site, quantity of each species harvested for sale, value per production unit, and the signature of the firm executive.

Fish-receiving tickets are documents on which fish buyers and dealers must record certain information pertinent to delivery, purchase, or receipt of fish or shellfish. Information includes identifying information for the licensed fisher, dealer, buyer, and original receiver, and other information regarding the fish being delivered, purchased, or received. Commercial fishers selling under a direct retail endorsement must complete fish-receiving tickets for each delivery of fish or shellfish. Wholesale fish dealers must complete fish-receiving tickets for each purchase or receipt of fish or shellfish.

Summary of Bill:

Secondary fish receivers must maintain records for fish or shellfish classified as fish or shellfish by the Department of Fish and Wildlife in addition to fish and shellfish documented on fish-receiving tickets and aquatic farm reports. A person who processes fish or shellfish must maintain secondary fish receiver records. Wholesale fish buyers, limited fish sellers, and registered aquatic farmers are not required to maintain secondary fish receiver records for fish or shellfish documented on fish-receiving tickets or aquatic farm production reports.

Secondary fish receiver records must include state or country of origin information for fish or shellfish received from interstate or foreign commerce. The requirement to include the fish-receiving ticket number or aquatic farm production quarterly report is deleted. The remainder of the required information is maintained, and changes are made to align the requirements so all secondary fish receivers must report the same information.