Live Fish for Sale in Restaurants?

August 14, 2008

Question: I was in San Francisco about three weeks ago and went into a restaurant in Chinatown. As we watched our Maine lobster and crab being pulled from the saltwater tank, I saw three largemouth bass in their freshwater tank. This tank is NOT an aquarium as I saw them remove fish from it to serve to their customers. Is this legal? Can a person/business purchase Black Bass commercially to serve in a restaurant? If so, from where? (Scott S.)

Answer: Yes, it is legal. As long as the black bass were imported and produced legally, or raised in licensed aquacultural facilities for consumption, then they may be legally sold in a live condition to markets. No live fish may leave the premises though. All must be killed at the market or restaurant.

According to Capt. Mark Lucero, as far as appearance, farmed bass are generally more oblong (football shaped) and all are the same size. When this is the case, the fish are most likely a legal product. When we see bass that are of various sizes and more streamlined, it is an indicator that they are probably sport-caught and unlawfully sold and purchased.

The markets are required to maintain source documentation for all fishery products in the business per Section 8050 of the Fish & Game Code. These accounting records must indicate name of species, number of pounds purchased, name, address and phone number of seller, date of sale, price paid and intended use. Chinatown is an area where wardens conduct market inspections on a regular basis to assure Section 8050 requirements are adhered to.