Current through Register 2024 Notice Reg. No. 52, December 27, 2024
The provisions of this section shall apply to the
importation of all live aquatic plants and animals.
(a) No person shall import into this state
any prohibited species of live aquatic plant or animal listed pursuant to
Section
2118 of
the Fish and Game Code or Section
671 of these regulations unless
specifically authorized by the commission.
(b) Unless specifically prohibited by these
regulations, plants and animals within the following groups may be imported
without an importation permit from the department:
(1) Mollusks and crustaceans intended to go
directly into the seafood market and which will not be placed into the waters
of the state nor placed in waters which are discharged to waters of the
state.
(2) Live ornamental tropical
marine or freshwater plants or animals that are not utilized for human
consumption or bait purposes, are maintained in closed systems for personal,
pet industry or hobby purposes, and which will not be placed in waters of the
state.
(c) With the
exception of those importations described in Section
236(a) and (b),
live aquatic plants and animals may be imported into this state only in
accordance with the following terms and conditions:
(1) A standard importation permit signed by
the director or his agent is required, and no shipment into the state may be
made prior to the issuance of the permit authorizing the shipment or shipments.
The department shall charge a fee of $25.00 for issuing each permit. Fees
charged for inspections shall be independent of the fees charged for issuing
permits.
(2) With the exceptions of
the live aquatic animals listed in subsection
236(c)(6), a
permit is required for each lot or load, and each shipment must be accompanied
by the original copy of the importation permit. Unless otherwise authorized,
the person who is to receive any shipments of aquatic plants and animals shall
apply to the department for this importation permit.
(3) Application for a standard importation
permit shall be made on a form (Application for Standard Importation Permit, FG
789 (2/91), which is incorporated by reference herein) supplied by the
department, as directed in Section
235(d) and shall
reach the department's headquarters office at least 10 working days in advance
of the probable arrival date of the shipment. A copy of the permit authorized
by the director or his agent must accompany each load. If a change in date of
shipment becomes necessary after a permit has been issued, the permittee shall
notify the Aquaculture Development Section at least 5 days before the new date
of shipment. Under special circumstances, the department may waive this 5-day
notice requirement.
(4) All live
aquatic plants and animals imported into California may be inspected by the
department, either at the place of entry into the state or at other locations
suitable to the department. The person importing the aquatic plants or animals
may be required to provide facilities for inspecting and sorting them, and may
be required to pay inspection costs, including salary and travel expenses of
the inspector.
(5) Any lot or load
of aquatic plants and animals found by the inspector to be diseased,
parasitized or to contain species not authorized by the importation permit must
be immediately destroyed or transported out of California within a period of
time specified by the department. In such cases, the importation permit is
automatically revoked.
(6) In lieu
of the permits specified in subsection
236(c)(1),
long-term permits for the following aquatic animals may be issued by the
department for periods of up to one year. Application shall be made on a form
(Application for Long-term Permit to Import Animals into California, FG 786
(2/91), which is incorporated by reference herein) supplied by the department.
The department shall charge a fee for issuing each permit. See subsection
699(b) of these
regulations for the fee for this permit.
(A)
Oyster, oyster larvae and oyster seed.
(B) Ghost shrimps (
Callianassa
spp).
(C) Mud shrimps
(
Upogebia spp).
(D) Longjaw mudsuckers (Gillichthys
mirabilis).
(E) Red swamp crayfish
(
Procambarus clarkii).
(G) Marine Annelid worms (
Phylum
Annelida).
(H) Sacramento
blackfish (
Orthodon microlepidotus).
(I) Other species under conditions which the
department determines represent no significant risk to the fish and wildlife
resources of the state.
(7) Importation of Salmonid Eggs.
Applications to import eggs of fishes of the family salmonidae (trout, salmon
and char) shall be accompanied by a health certificate signed by a person
competent in the diagnosis of fish diseases stating that the hatchery or other
sources of the eggs to be imported and the eggs themselves are free of the
following diseases: infectious pancreatic necrosis (IPN); bacterial kidney
disease (BKD); infectious hematopoietic necrosis (IHN); and viral hemorrhagic
septicemia (Egtved).
In questionable cases, the director of the department shall
determine whether or not the person making the certification is technically
qualified to do so.
(8) Only
those aquatic plants and animals lawfully obtained in another state or country
may be imported.
1. Amendment
filed 7-25-88; operative 7-25-88 (Register 88, No. 32).
2. Amendment
of subsection (a) filed 4-18-91; operative 5-18-91 (Register 91, No.
21).
3. Amendment filed 7-24-91; operative 8-23-91 (Register 92, No.
8).
4. Amendment of subsection (c)(6) filed 6-9-95; operative
7-10-95 (Register 95, No. 23).
Note: Authority cited: Sections
1050,
2118,
6401,
15004,
15600
and
15601,
Fish and Game Code. Reference: Sections
2116-
2191,
2270-
2272
and
3201-
3204,
Fish and Game Code.
