Current through Register 2021 Notice Reg. No. 51, December 23, 2022
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.
(3)
Brine shrimp.
(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 subsection236(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).
(F) Orconectes
virilis.
(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.
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.
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).
