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.
(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.
(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.
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.
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).
This database is current through 11/24/23 Register 2023, No. 47.