AMENDED IN SENATE MAY 23, 2025

AMENDED IN SENATE MARCH 27, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

95

CHAPTER 227

Statutes of 2025

[ Approved by Governor October 1, 2025. Filed with Secretary of State October 1, 2025. ]

Introduced by Senator Laird

February 20, 2025

An act to amend Sections 8022 and 8043 of the Fish and Game Code, relating to fish.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

(1) Existing law requires the receipts, reports, or other records filed with the department pursuant to specified laws, and the information contained therein, to, except as provided, be confidential and to not be public records, as specified.

This bill would revise and recast the above-described provision to additionally require certain landing receipts and records of fishing activities to be confidential and to not be public records, except for fish business identification numbers, fish business names, commercial fishing license numbers, commercial fisher names, vessel registration identification numbers, and vessel names, as provided.

(2) Existing law requires certain persons to report all fish sales, deliveries, transfers, and landings using an electronic fish ticket as prescribed pursuant to regulations adopted by the Fish and Game Commission, including a person engaged in specified activities who is required to have a marine aquaria receiver’s license, as provided.

This bill would instead remove from the provision above relating to reports using an electronic fish ticket, that person engaged in specified activities who is required to have a marine aquaria receiver’s license, as provided.

(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

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

SECTION 1.

Section 8022 of the Fish and Game Code is amended to read:

8022.

(a) (1) The landing receipts, reports, or other records filed with the department pursuant to Article 2 (commencing with Section 7700) to Article 7.5 (commencing with Section 8040), inclusive, the records filed with the commission pursuant to Section 8026, and the information they contain, shall, except as otherwise provided in this section, be confidential, and the records shall not be public records. Insofar as possible, the information contained in the records shall be compiled or published as summaries, so as not to disclose the individual record or business of any person.

(2) Notwithstanding paragraph (2) of subdivision (b), the information and data relating to catch contained in the landing receipts and records of fishing activities described in paragraph (1) shall be confidential and shall not be public information.

(b) (1) Notwithstanding any other law, the department may release the confidential information described in subdivision (a) only in the following circumstances:

(A) To a federal agency responsible for fishery management activities, provided the information is used solely for the purposes of enforcing fishery management provisions and provided the information will otherwise remain confidential.

(B) In accordance with Section 391 or pursuant to a court order.

(C) To a public or private postsecondary institution engaged in research under the terms of a legally binding confidentiality agreement.

(D) Or under other conditions as the commission by regulation may provide.

(2) Notwithstanding paragraph (1) of subdivision (a), fish business identification numbers, fish business names, commercial fishing license numbers, commercial fisher names, vessel registration identification numbers, and vessel names, exclusively, shall be deemed public information and may be provided upon request.

(c) All forms, logs, books, covers, documents, electronic data, software, and other records of any kind issued or otherwise supplied, directly or indirectly, by the department, the purpose of which is to provide a means for reports, records, or other information to be filed with the department pursuant to Article 2 (commencing with Section 7700) to Article 7.5 (commencing with Section 8040), inclusive, continue to be the property of the department. Those forms, logs, books, covers, documents, electronic data, software, other records, or portions thereof remain the property of the department whether used, unused, attached, or detached from their original binding, packaging, or other medium and shall be immediately surrendered upon demand to a peace officer of the department acting in their official capacity, without being altered in any manner.

SEC. 2.

Section 8043 of the Fish and Game Code is amended to read:

8043.

(a) The following persons shall report all fish sales, deliveries, transfers, and landings using an electronic fish ticket as prescribed pursuant to regulations adopted by the commission:

(1) A person who is required to be licensed under Article 7 (commencing with Section 8030) to conduct the activities of a fish receiver, as described in Section 8033.

(2) A commercial fisher who sells, delivers, or transfers fish to a person who is not a fish receiver licensed under Article 7 (commencing with Section 8030).

(3) A commercial fisher who sells, delivers, or transfers live marine fish for use exclusively as live bait that are not brought ashore to a person who is not a fish receiver licensed under Article 7 (commencing with Section 8030).

(4) A person licensed under Article 7 (commencing with Section 8030) who brings ashore their own fish as described in Section 8033 or 8033.5.

(5) A commercial fisher licensed pursuant to Section 8033.5 who sells fish to persons not licensed to receive fish for commercial purposes pursuant to Article 7 (commencing with Section 8030).

(b) The electronic fish ticket shall show all of the following:

(1) The name of the species of landed fish as designated by the department, or if not designated, the commonly used name of the species.

(2) (A) The accurate weight of the species of fish received. 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.

(B) For purposes of this paragraph, “accurate weight” means a weight that is determined by a scale that conforms to the standard within the applicable tolerances and other performance requirements as required by the California Code of Regulations or the Business and Professions Code, but for marine fish used as live bait that are not brought ashore, the department may adopt rules and regulations necessary to establish other methods to determine accurate weight.

(3) The commercial fisher’s name and the commercial fishing license identification number.

(4) The department registration number of the boat.

(5) The name of the recipient of the fish, and that person’s identification number, if applicable.

(6) The date of receipt.

(7) The price paid for the fish, except for live marine fish for use exclusively as live bait that are not brought ashore.

(8) The department origin block number where the fish were caught.

(9) The type of gear used.

(10) Any other information the department may require.

(c) A person identified in paragraph (1), (2), or (3) of subdivision (a) shall complete the electronic fish ticket as prescribed by regulation at the time of receipt, purchase, or transfer of fish, whichever occurs first. A person identified in paragraph (4) of subdivision (a) shall complete the electronic fish ticket as prescribed by regulation at the time the fish are brought ashore. A person identified in paragraph (5) of subdivision (a) shall complete the electronic fish ticket either at the time of individual sale or at the completion of sales for the calendar day of sales pursuant to Section 8043.2.

(d) With the exception of live marine fish for use exclusively as bait that is not subsequently brought ashore or as otherwise prescribed by regulation, the receipt, purchase, or transfer of fish shall not occur at sea or from vessel to vessel.

(e) A person taking, purchasing, or receiving fish, whether or not licensed under Article 7 (commencing with Section 8030), shall sign the original paper hard copy of the electronic fish ticket as prescribed by regulation.

SEC. 3.

The Legislature finds and declares that Section 1 of this act, which amends Section 8022 of the Fish and Game Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

In order to protect the privacy of potentially sensitive or proprietary data of commercial fishers, owners of commercial fishing vessels, and fish businesses, while also collecting necessary data regarding the extent and variety of species fished, it is necessary that commercial fishing receipts, reports, or other records and the information contained in them to remain confidential.