Restaurant Illegally Purchasing Fish

June 27, 2013

Question: I work in a restaurant that continually sells fish that have been given to the chef by local spear fishermen. Is this illegal and should it be reported? (Jeff, Anaheim)

Answer: Both the chef and the local spear fishermen are in violation of Fish and Game laws and can be cited for buying and selling sport caught fish. Fish caught via a sport fishing license may not be bought, sold, traded or bartered (FGC, section 7121). Commercial fishermen are only allowed to fish in certain areas, because some areas are polluted, and also to protect the fish populations. Even if the local spear fishermen did have commercial fishing licenses, they would all still be in violation as a spear is not a legal method of take for commercial fishing.

I suggest you contact CalTIP at our toll-free number of (888) 334-CalTIP or (888) 334-2258). You can do so 24 hours a day, 7 days a week. You may remain anonymous and may even collect a reward if your tip results in a conviction.

a spear is not a legal method of take for commercial fishing.

Well there goes that idea!

 

 

Sincerely,

Jim

Man that seems to really suck. I watch the Spearfisherman show out of florida and those guys are so much more responsible for watching what they kill and selling exactly what is ordered without any by-catch.  Just seems like it should not be illegal to sell fish commercially this way.

Question: I work in a restaurant that continually sells fish that have been given to the chef by local spear fishermen. Is this illegal and should it be reported? (Jeff, Anaheim)

Based on the actual question...if the fish were given to the chef without any sort of payment/trade...then it seems legal to me. Otherwise, it would be illegal to bring your fish into a restaurant and have them prepare it for you! (which many people do nowadays)

Question: I work in a restaurant that continually sells fish that have been given to the chef by local spear fishermen. Is this illegal and should it be reported? (Jeff, Anaheim)

Based on the actual question...if the fish were given to the chef without any sort of payment/trade...then it seems legal to me. Otherwise, it would be illegal to bring your fish into a restaurant and have them prepare it for you! (which many people do nowadays)

It's probably ok to give the fish, but then not to turn around and sell it.

-Allen

Question: I work in a restaurant that continually sells fish that have been given to the chef by local spear fishermen. Is this illegal and should it be reported? (Jeff, Anaheim)

Based on the actual question...if the fish were given to the chef without any sort of payment/trade...then it seems legal to me. Otherwise, it would be illegal to bring your fish into a restaurant and have them prepare it for you! (which many people do nowadays)

Still not legal to sell, and the spearfisher would still be part of a conspiracy.

Key words here are "continually sells fish".  I think the Chef would be out of the "trouble zone" however the owner and/or manager would be in hot water along with the (spear)fisherman.

Question: I work in a restaurant that continually sells fish that have been given to the chef by local spear fishermen. Is this illegal and should it be reported? (Jeff, Anaheim)

Based on the actual question...if the fish were given to the chef without any sort of payment/trade...then it seems legal to me. Otherwise, it would be illegal to bring your fish into a restaurant and have them prepare it for you! (which many people do nowadays)

When you bring your catch into a restaurant to be prepared, you are charged for the labor, not the catch.

Question: I work in a restaurant that continually sells fish that have been given to the chef by local spear fishermen. Is this illegal and should it be reported? (Jeff, Anaheim)

Based on the actual question...if the fish were given to the chef without any sort of payment/trade...then it seems legal to me. Otherwise, it would be illegal to bring your fish into a restaurant and have them prepare it for you! (which many people do nowadays)

Still not legal to sell, and the spearfisher would still be part of a conspiracy.

I understand the chef is not allow to sell/serve fish speared by a fisherman without a commercial license. But how is the spearfisher in violation of DFG laws if he gives away the fish for free without any payment? Would the spearfisher still be guilty if he thought the fishes he gave to the chef would be for personal use?

Question: I work in a restaurant that continually sells fish that have been given to the chef by local spear fishermen. Is this illegal and should it be reported? (Jeff, Anaheim)

Based on the actual question...if the fish were given to the chef without any sort of payment/trade...then it seems legal to me. Otherwise, it would be illegal to bring your fish into a restaurant and have them prepare it for you! (which many people do nowadays)

When you bring your catch into a restaurant to be prepared, you are charged for the labor, not the catch.

Wouldn't the same condition apply to the original scenario? Fish were legally harvested, then gifted to a chef, who used parts of the fish to prepare a meal that is served to patrons. The patrons are paying for the chef's labor.
What if the chef harvested the fish himself?

Question: I work in a restaurant that continually sells fish that have been given to the chef by local spear fishermen. Is this illegal and should it be reported? (Jeff, Anaheim)

Based on the actual question...if the fish were given to the chef without any sort of payment/trade...then it seems legal to me. Otherwise, it would be illegal to bring your fish into a restaurant and have them prepare it for you! (which many people do nowadays)

Still not legal to sell, and the spearfisher would still be part of a conspiracy.

I understand the chef is not allow to sell/serve fish speared by a fisherman without a commercial license. But how is the spearfisher in violation of DFG laws if he gives away the fish for free without any payment? Would the spearfisher still be guilty if he thought the fishes he gave to the chef would be for personal use?

It would strain credulity to believe that the spearfisher thought he was just gifting the fish to a chef, delivered to a restaurant, numerous times, and thought that the restaurant was in turn giving away the fish to patrons for a nominal preparation fee. It just doesn't pass the smell test.

Conspiring with the restaurant to violate te law is itself a violation of the law.

Can't wait to see how a certain "dad" interprets this one.