California Code of Regulations
Title 14 - Natural Resources
Division 1 - Fish and Game Commission-Department of Fish and Game
Subdivision 1 - Fish, Amphibians and Reptiles
Chapter 9 - Aquaculture
Section 235 - Aquaculture Registration
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Registration Required. Pursuant to the provisions of Section 15101 of the Fish and Game Code, all aquaculture facilities must be registered with the department each year. For purposes of Chapter 9, Subdivision 1, Division 1, Title 14, California Code of Regulations, an aquaculture facility is one that is devoted to the propagation, cultivation, maintenance and harvesting of aquatic plants and animals in marine, brackish or fresh water. This registration is not required for: the maintenance of koi and goldfish in closed systems for personal, pet or hobby purposes; the harvest and sale of brine shrimp; and the sale or cultivation of tropical species of ornamental marine or fresh water plants or animals, not utilized for human consumption or bait purposes, but maintained in closed systems for personal, pet industry or hobby purposes.
(b) Registration Limitation. The applicant must certify that he/she has read, understands and agrees to be bound by the regulations of the commission and the Fish and Game Code sections governing aquaculture and its products.
(c) Duration of Registration. The annual term of registration shall be January 1 to December 31, or if issued after the beginning of such term, for the remainder of that calendar year. Aquaculturists must reregister their facilities by March 1 of each year. Reregistration (renewal) fees shall be the amount specified in Section 15101(b) of the Fish and Game Code. An additional surcharge, specified in Section 15103 of the Fish and Game Code, shall be paid at the time of renewal if the proceeds from sale of aquaculture products of the facility in the preceding year exceed $25,000. Penalties for late renewal will be assessed in accordance with Section 15104 of the Fish and Game Code. Anyone failing to register under this section shall be operating unlawfully.
(d) All permits specified in this chapter, in addition to the aquaculture registration issued pursuant to Section 15101 of the Fish and Game Code, shall be issued under the following conditions:
1. New
chapter 9 (sections 235-240, not consecutive) filed 4-1-83; effective upon
filing pursuant to Government Code section
11346.2(d)
(Register 83, No. 14).
2. Amendment of subsection (a) filed 7-8-87;
operative 8-7-87 (Register 87, No. 29).
3. Amendment filed 7-25-88;
operative 7-25-88 (Register 88, No. 32).
4. Amendment of subsection
(d) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
5.
Amendment of subsections (a), (c), (d) and NOTE filed 7-24-91; operative
8-23-91 (Register 92, No. 8).
6. Change without regulatory effect
amending subsection (d)(2) filed 11-20-91 pursuant to section
100, title 1, California Code of
Regulations (Register 92, No. 15).
7. Amendment of subsection (a)
filed 9-7-2000; operative 10-7-2000 (Register 2000, No. 36).
8.
Change without regulatory effect amending subsections (a)(1) and (d)(1) filed
8-8-2019 pursuant to section
100, title 1, California Code of
Regulations (Register 2019, No. 32).
Note: Authority cited: Sections 1050, 15005, 15101, 15102, 15103, 15104 and 15200, Fish and Game Code. Reference: Sections 15000- 15005 and 15100- 15102, Fish and Game Code.