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 235.2 - Permit to Operate an Aquaculture Facility for Anadromous Fish on Davenport Landing Creek (Santa Cruz County)

Universal Citation: 14 CA Code of Regs 235.2

Current through Register 2021 Notice Reg. No. 51, December 23, 2022

Permits may be issued to operate a registered aquaculture facility for anadromous fish under the following general terms and conditions:

(a) Any permit issued shall be on an experimental basis until its impact on the fishery resource can be ascertained. These regulations shall be applicable only to the waters of Davenport Landing Creek, contained within Santa Cruz County, until January 1, 1996, after which date these regulations and permit shall have no force or effect.

(b) Persons desiring a permit to operate an anadromous fish aquaculture facility on Davenport Landing Creek shall file a request with the commission. Commission approval must be obtained following a public hearing as required by section 15901 of the Fish and Game Code. If a permit is authorized by the commission, upon payment of $100.00 a permit will be issued to the permittee by the Wildlife Protection Division following notification by the commission.

(c) All fish released into the wild under authority of any permit during the time they are in the wild will become the property of the state and may be taken under the authority of a sport or commercial fishing license.

(d) Prior to release into state waters, fish may be examined by the department to determine that they are not diseased or infected with any disease which, in the opinion of the department, may be detrimental to the state fishery resources. If such fish are found to be diseased or infected, they shall not be released into state waters and shall be disposed of in accordance with department instructions. Cost of such inspection shall be paid by the permittee.

(e) Importation of eggs or fish into the state by permittee shall be in accordance with section 15600 of the Fish and Game Code and section236(c) of these regulations.

(f) Any liberation of fish by permittee into state waters shall be approved in advance by the department.

(g) The department may require the permittee to mark specific numbers of fish prior to their release into state waters. Any marks used by permittee to identify fish released into state waters shall be approved in advance by the department.

(h) The permittee shall have the right to trap and retain all fish returning to the stream; the department shall be allowed to examine all fish trapped.

(i) All live fish being transported by the permittee shall be in accordance with the provisions of sections 2270- 2273,15005 and 15600 of the Fish and Game Code.

(j) All dead fish being transported from facilities operated pursuant to this permit shall be tagged or packaged in accordance with the provisions of section 238 of this title and with section 15005, Fish and Game Code.

(k) Permittee shall maintain accurate records on forms provided by the department. Copies of these records will be forwarded to the department monthly, annually, and at times determined by the department.

(l) If, after a hearing, the commission finds that the operation described in the permit and conducted pursuant to this section is not in the best public interest, the commission may alter the conditions of the permit to mitigate such adverse effects, including but not limited to the immediate suspension of operation under the permit.

(m) The permittee shall reimburse the department for all actual costs incurred by the department in inspecting and monitoring the permittee's operations.

(n) The permittee shall provide all necessary security measures to protect fish at the rearing, release and trapping facilities.

(o) Upon termination of the permit, the permittee shall remove all structures and facilities placed in the stream bed by the permittee and shall return the watercourse to its original condition . In the event the permittee fails to do so, the state may restore the site at the permittee's sole cost. The permittee shall post a performance bond, signed by both the permittee and a corporate surety company, in the amount of $15,000, to assure restoration of the premises to their original condition and to assure compliance with all other provisions of this permit.

Note: Authority cited: Sections 1050, 15004,15005, 15101, and 15200, Fish and Game Code. Reference: Sections 1050, 2270-2273, 15005, 15200, 15202, 15900, 15901, 15903, 15905, 15906, and 15907, Fish and Game Code.

1. Amendment filed 12-2-85; effective thirtieth day thereafter (Register 85, No. 49).
2. Amendment of subsection (a) changing applicable date of section from January 1, 1991, to January 1, 1996, filed 4-18-91; effective 5-18-91 (Register 91, No. 19). Section is inapplicable between January 1, 1991 and 5-18-91 by its own terms.
3. Changes without regulatory effect amending subsections (b), (i), (l), and reference citation filed 4-18-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 19).
4. Amendment of subsection (b) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).

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