Current through Register 2024 Notice Reg. No. 38, September 20, 2024
All persons who apply for or have an Aquaculture permit
(subsection
671.1(b)(2)) or a
Fish permit (subsection
671.1(b)(12)) are
subject to the following requirements and conditions. Aquatic species
importations operating under these permits do not require the importation
permit specified in Section
236.
(a) Definitions
(1) "Closed-water system" is defined as a
closed system or systems that treats holding water and sediments sufficiently
to ensure against the release of live organisms, including parasites, pathogens
and viruses, into the waters of the state. For purposes of this section,
municipal treated sewage systems are not considered waters of the
state.
(2) "Terminal market" is
defined as a retail sale location holding live restricted species aquaculture
product for human consumption following the sales requirements of subsection
671.7(g).
(b) General Requirements.
(1) All live restricted species shall be
held, raised, and transported in closed-water systems. The department may
inspect these systems at any time to determine if they are adequate for the
specific restricted species being held.
(2) Facilities and transport systems must be
designed so that biosecurity is maintained in the case of failure of the
primary containment system.
(3)
Access to facilities and transport systems containing restricted species shall
be restricted through means determined to be adequate by the department to
assure against unauthorized removal of restricted species.
(4) Co-mingling or hybridization of
restricted and non-restricted species is prohibited unless authorized by the
department. If restricted species are co-mingled or hybridized with
non-restricted species, all such animals shall be considered restricted species
for the purpose of these regulations. Such co-mingled restricted species that
can be individually identified as non-restricted and that can be separated from
the restricted species may be exempt from this provision with prior department
approval.
(5) Every restricted
species permittee shall have a written Emergency Action Plan readily available
and posted in a conspicuous place in the event of an escape or a containment
failure involving a restricted species.
(A)
The Emergency Action Plan shall be titled, with a revision date, updated
annually and include, but is not limited to the following:
1. Written plan of action for emergencies
including a description of emergency measures in the event of a containment
failure.
2. List of the re-capture
and mobile transport equipment available and where they are located, including
but not limited to nets and temporary containers.
3. List of emergency telephone numbers that
includes the local department regional office and other contacts as specified
on the permit.
(B)
Permittees are responsible for the capture and for the costs incurred by the
department related to capture of escaped animals or a containment
failure.
(6) Aquaculture
and Fish permits are subject to the department's authority to deny, suspend, or
revoke a permit pursuant to subsection
671.1(c), but the
department may also suspend or amend any Aquaculture or Fish permit if the
department determines that additional permit conditions are necessary to
mitigate or avoid unexpected adverse impacts to natural resources arising from
the permitted activities.
(c) Permit Application Requirements. The
following information shall accompany an application for each new restricted
species permit, amendment of an existing permit, or renewal:
(1) New Applicants and Permittees Requesting
Amendments.
(A) An inventory of all restricted
species requested including the common and scientific name of each species, and
the weight, volume, or count of each species.
(B) A written statement detailing the type of
business that will be conducted with the restricted aquaculture species
requested.
(C) A copy of the
applicant's current aquaculture registration issued by the department, if a
restricted species aquaculture permit is being requested.
(D) A copy of their Emergency Action
Plan.
(2) Renewals.
(A) An inventory of all restricted species
presently held at their facility including the common and scientific name of
the each species, and the weight, volume, or count of each species.
(B) The permittee shall provide the following
informational report to the department:
1. the
weight, volume or count of all restricted species imported under their
restricted species permit in the past year;
2. the weight, volume or count of all
restricted species sold and/or shipped under their restricted species permit in
the past year;
3. the weight,
volume or count of all restricted species produced under their restricted
species permit in the past year (for Aquaculture permits only) and;
4. Any other information as specified in the
permit.
(C) A written
statement detailing the type of business that will be conducted with the
restricted species requested.
(D) A
copy of the applicant's current aquaculture registration issued by the
department, if a restricted species aquaculture permit is being
requested.
(E) A copy of their
Emergency Action Plan.
(d) Importation of Live Aquatic Restricted
Species. With the exception of those importations described in subsections
236(a), (b) and
(c) of these regulations, restricted species
listed in subsection
671(c) may be
imported into the state only in accordance with the following terms and
conditions:
(1) No importations of restricted
species into the state may be made prior to the issuance of the importer's
restricted species permit.
(2) All
importations of restricted species shall be accompanied by an invoice or bill
of lading, showing the name and address of the producer, date of shipment, the
common and scientific names of the species being transported, the weight,
volume, or count of each species in the shipment, the name, address, and
restricted species permit number of the intended receiver. A copy of the
importer's restricted species permit shall accompany each shipment.
(3) Source of restricted species is an
authorized seller who has a good record of husbandry and health management, as
determined by the department.
(4)
Notification of each restricted species importation(s) shall reach the
department regional office or other specified office by letter, fax, or
telephone at least five days in advance of the importation date. Under special
circumstances, the department may waive this five day notice
requirement.
(5) All restricted
species imported into California under these regulations may be inspected by
the department at either the place of entry into the state or at another
location as specified by the department. The person importing restricted
species may be required to provide facilities for inspection and sorting and
shall be required to pay the department inspection costs including salary and
travel expenses of the inspector.
(e) Transportation of Live Aquatic Restricted
Species within the State.
(1) Restricted
species cannot be moved alive from an aquaculture or any holding facility
unless specifically authorized in the restricted species permit issued by the
department.
(2) All shipments of
live restricted species by a permittee shall be accompanied by an invoice or
bill of lading, showing the name and address of the permittee, date of
shipment, the common and scientific name of the species being transported, the
weight, volume, or count of each species in the shipment, the name, address,
and restricted species permit number of the intended receiver. A copy of the
shipper's restricted species permit shall accompany each shipment. The contents
of the shipment and all applicable documentation shall be immediately made
available to the department upon request.
(3) Notification of restricted species
shipment(s) shall reach the department regional office or other specified
office by letter, fax, or telephone at least 48 hours in advance of the
shipment date.
(4) Both the seller
and intended receiver restricted species permittees shall retain a copy of the
invoice, bill of lading or similar accountable document for three years and
make it available to the department upon request.
(f) Sales by Restricted Species Permittees.
(1) Live restricted species may be sold by
Aquaculture or Fish permittees if both the seller and buyer hold a restricted
species permit issued by the department for the species being sold and only if
the permit(s) specifically authorize live sales.
(2) All shipping containers of live
restricted species shall be labeled as restricted aquaculture product unless
specifically authorized differently in the restricted species permit issued by
the department.
(3) All live or
processed restricted species sold shall be accompanied by a sales invoice,
showing the name and address of the permittee, the permittee's restricted
species permit number, date of sale, the common and scientific name of the
species, and the weight, volume, or count of each species sold. The restricted
species and all applicable documents shall be immediately made available to the
department upon request.
(4) No
live restricted species shall be stocked in private, public or fish-for-fee
facilities or released in the waters of the state.
(g) Terminal Market Sales.
(1) All restricted species sold or leaving
the premises of a terminal market shall be dead and accompanied by a sales
receipt showing the date of purchase and name of business where purchased or be
packaged in accordance with subsection
240(c) of these
regulations.
(2) It is unlawful for
any person to allow any live restricted species to leave a terminal market or
be released in the waters of the state.
1. New
section filed 7-21-93; operative 7-21-93 pursuant to section
202,
Fish and Game Code (Register 93, No. 30). For prior history, see Register 85,
No. 38.
2. Amendment of section heading, repealer and new section
and amendment of NOTE filed 3-9-2011; operative 4-8-2011 (Register 2011, No.
10).
Note: Authority cited: Sections
1050,
2118,
2120,
15005,
15102,
15200,
15202
and
15600,
Fish and Game Code. Reference: Sections
1050,
2116,
2116.5,
2117,
2118,
2118.5,
2119,
2120,
2121,
2122,
2123,
2125,
2150,
2150.1,
2150.2,
2150.3,
2150.4,
2150.5,
2151,
2152,
2153,
2155,
2156,
2185,
2186,
2187,
2189,
2190,
15200,
15201,
15202,
15400,
15505
and
15600,
Fish and Game Code.