Current through Register 2021 Notice Reg. No. 51, December 23, 2022
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
Section238(b)(2) shall accompany each shipment. Aquaculture products may not be
stocked in any water of the state, except as provided for in
Section238.5 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 Sections200.13 through
200.31 for legal live bait
fishes).
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.
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).
