Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Importation of live aquatic plants and animals is governed
by Section
236 of these regulations. Except
as provided for by Section
236, aquaculture products may be
sold or transported in this state only in accordance with the following general
terms and conditions:
(a) All
aquaculture products sold or transported under the provisions of this section
must have been legally reared or imported by an aquaculturist registered in
this state.
(b) The following
provisions apply to transactions of aquaculturists involving aquaculture
products:
(1) A registered aquaculturist may
sell and transport live aquaculture products authorized by that registration to
any other aquaculturist authorized to possess the same species.
(2) All shipments of authorized aquaculture
products shall be accompanied by a duplicate of a sales invoice or waybill
showing the name of the producer, the producer's aquaculture registration
number, date of shipment, the species being transported, the weight, volume or
count of each species in the shipment, and the name and address of the
consignee.
(3) Duplicates of the
required sale or shipping documents shall be retained by the producer, and by
the shipper, if different from the producer, for a period of one year from the
date of sale. The records shall be shown upon written demand by the director of
the department. The information contained in these documents is confidential
except that such information may be disclosed in accordance with a proper
judicial order in cases or actions instituted for enforcement of this section
or for prosecution of violations of this section.
(c) A registered aquaculturist may sell and
transport live those aquaculture products authorized by that registration to
any of the following whose licenses or permits authorize the possession of the
same live plants and animals for commercial purposes. Documents as described in
Section 238(b)(2) shall
accompany each shipment. Aquaculture products may not be stocked in any water
of the state, except as provided for in Section
238.5 of these regulations.
(1) Scientific or educational
establishments;
(2) Aquarium Dealer
Permittees (See Section
227 of these
regulations);
(3) Live Freshwater
Bait Fish Licensees (See Sections
200 through
200.31 of these
regulations);
(4) To any other
legal purchaser or possessor for whom possession is legal.
(d) The following provisions apply to the
operator of any commercial establishment where aquaculture products are
maintained alive for human consumption:
(1)
Under no condition shall these aquaculture products be stocked in any waters of
this state.
(2) The operator may
transport live aquaculture products between aquaculture facilities, retail
sales stores, and/or wholesale distribution points. Documents as described in
Section 238(b)(2) shall
accompany each shipment.
(3) The
operator shall retain copies of all sales invoices or waybills received with
the products. Such invoices or waybills shall be retained by the operator for a
period of at least one year following receipt of the aquaculture products
listed thereon, and such invoices or waybills shall be produced upon request of
an official of the department.
(4)
All aquaculture products, except live shellfish, sold and leaving the premises
of the operator shall be killed and accompanied by a sales receipt showing the
date of purchase and name of business where purchased or be packaged in
accordance with Section
240 of these
regulations.
(e) Marking
and Tagging Requirements.
(1) Abalone.
(A) All abalone produced by an aquaculturist
registered pursuant to Section
15101
of the Fish and Game Code may be possessed, harvested, sold and transported,
provided the abalone are identifiable as being cultivated or are packaged in
sealed containers as provided for in Section
240 of these regulations.
Such abalone are exempt from the size limits established by
Section 8304 of the Fish and Game Code.
(B) Abalone which spend part of their life in
marine waters of the state, other than while in an aquaculture facility, must
have an identifying mark or tag approved by the Department, or be otherwise
identified as a product of aquaculture by a method approved by the Commission.
Such identifying mark or method must be approved, or a tag attached, prior to
the abalone being placed in waters outside the aquaculture facility. For
purposes of this section, the term "aquaculture facility" includes a hatchery,
rearing facility, pen, cage or any similar structure or device.
(C) Any person other than a registered
aquaculturist processing cultured abalone at the wholesale level must possess a
revocable processing permit for cultured abalone, as issued by the
department.
(f)
Retail Sales of Aquaculture Products at an Aquaculture Facility. All
aquaculture products sold at an aquaculture facility shall be dead at the time
of sale except for:
(1) Aquaculture products
sold under the provisions of Sections
238(c),
238(d)(2), or
238.5 of these regulations.
Aquaculture products sold under provisions of Section
238.5 of these regulations may be
transported live and stocked as provided for by Section
238.5 of these regulations by
retail customers. Documents as described in Section
238(b)(2) shall
accompany each shipment, and records as described in Section
238(b)(3) shall
be maintained by the aquaculturist and the retail customer.
(2) Striped bass, hybrid striped bass,
abalone, steelhead trout and sturgeon sold pursuant to the provisions of
Section 240 of these
regulations.
(3) Aquaculture
produced shellfish purchased at retail and taken from the aquaculture facility
by the purchaser need only be accompanied by a sales receipt showing the name
and aquaculture registration number of the producer, the item(s) and quantity
purchased and the date of purchase. All other shipments of aquaculture products
shall be accompanied by a sales invoice or waybill as provided in Section
238(b)(2) of
these regulations.
(4) Those
freshwater bait fishes that would be legal for sale as live bait by a licensed
Live Freshwater Bait Fish Dealer in the same sport fishing district or portion
of sport fishing district in which the aquaculture facility is located (see
Sections 4.10 through
4.30 and Sections
200.13 through
200.31 for legal live bait
fishes).
1. New
subsection (f)(4) filed 10-18-85; effective thirtieth day thereafter (Register
85, No. 42).
2. Amendment filed 7-25-88; operative 7-25-88 (Register
88, No. 32).
3. Amendment filed 7-24-91; operative 8-23-91 (Register
92, No. 8).
4. Amendment filed 2-8-94; operative 3-10-94 (Register
94, No. 6).
5. Amendment of subsection (e)(1)(B) filed 5-1-98;
operative 5-31-98 (Register 98, No. 18).
Note: Authority cited: Sections
1050,
6401,
7701,
8040,
15005,
15200,
15202
and
15400,
Fish and Game Code. Reference: Sections
17,
1050,
6400-
6401,
7701-
7708,
8040,
8304,
8371,
8435,
8436,
15005,
15200,
15202
and
15400-
15415,
Fish and Game Code.
