Section § 15000

Explanation

This section explains that the business of raising and selling aquatic plants and animals (aquaculture) is managed under specific laws and is not considered the same as commercial fishing or related activities. The Secretary of Food and Agriculture is in charge of the parts related to processing, distributing, and selling, except in certain specified circumstances. If there are any disputes in responsibilities, the director can work with the Secretary to resolve them. Any costs incurred by the department for implementing particular sections will be recovered according to these rules.

(a)CA Fish and Game Code § 15000(a) The business of aquaculture is governed by this division and is exempt from Part 3 (commencing with Section 7600) of Division 6 and any other provision of this code relating to commercial fishing, harvesting, processing, and marketing.
(b)CA Fish and Game Code § 15000(b) Except as provided in Sections 15005, 15200, 15201, and 15202, the business of aquaculture processing, distribution, and marketing is administered by the Secretary of Food and Agriculture.
(c)CA Fish and Game Code § 15000(c) The director may enter into an agreement with the Secretary of Food and Agriculture for the resolution of any conflict that arises under subdivision (b).
(d)CA Fish and Game Code § 15000(d) Any costs incurred by the department in implementing Sections 15005, 15200, 15201, and 15202 shall be recovered pursuant to this division.

Section § 15001

Explanation

If you legally acquire wild plants or animals and then cultivate them, the offspring or products are exclusively yours or belong to whoever you pass them onto.

The cultured progeny of wild plants and animals lawfully obtained under Section 15300 are the exclusive property of that person who cultured them or that person’s successor in interest.

Section § 15002

Explanation

If someone takes aquaculture products, like fish or shellfish, without the right to do so, they can be charged with theft.

Any person who takes aquaculture products without lawful entitlement is subject to prosecution for theft.

Section § 15003

Explanation

This law allows the department to charge a fee to people growing aquaculture products, like fish or shellfish, on public lands and waters. The fee is based on the selling price per pound of these products and is meant to cover the department's administrative costs. However, there is a cap on how high these rates can go, according to another law. The fee depends on the weight of the whole product and must be paid every month. If it's paid late, more than 60 days after it's due, a 10 percent penalty is added.

(a)CA Fish and Game Code § 15003(a) The department may assess a fee on persons growing aquaculture products on public lands and in public waters based on the price per pound of the products sold. The fees, if imposed, shall be set at amounts necessary to defray the costs of the commission and the department in administering this division. However, the fees, if any, may not exceed the rates as provided in Section 8051.
(b)CA Fish and Game Code § 15003(b) The price per pound shall be based on the whole product weight or its equivalent as taken by the lessee.
(c)CA Fish and Game Code § 15003(c) The fee imposed by this section shall be paid monthly to the department within 30 days after the close of each month. If not paid within 60 days after the close of the month in which it is due, a 10 percent penalty shall be paid.

Section § 15004

Explanation

If you are an aquaculturist in California, you must cover the costs incurred by the department for any inspections of your plants, animals, facilities, or culture areas. This applies to inspections required by this law or related regulations, particularly when you, as the aquaculturist, request the inspection.

Aquaculturists operating under this division shall pay all costs incurred by the department when conducting any inspections of plants, animals, facilities, or culture areas required by this division, or by regulations adopted pursuant to this division, when requested by the aquaculturists.

Section § 15005

Explanation

This law allows the California Fish and Game Commission to control the transportation, purchase, possession, and sale of certain aquaculture products to protect native wildlife. They can require these products to come with documents listing details like the producer's information, species, quantity, shipping date, and receiver's details.

Additionally, the commission can require specific labeling of products as aquaculture-produced. However, there are exceptions to this rule for certain species, including trout, catfish, kelp, aquatic plants, and several other aquatic animals.

(a)CA Fish and Game Code § 15005(a) When necessary for the protection of native wildlife, the commission may regulate the transportation, purchase, possession, and sale of specific aquaculture products as provided for in this section.
(b)CA Fish and Game Code § 15005(b) The commission may determine that aquaculture products shall be accompanied by a document containing any of the following information:
(1)CA Fish and Game Code § 15005(b)(1) The name, address, and registration number of the aquaculture producer.
(2)CA Fish and Game Code § 15005(b)(2) The species.
(3)CA Fish and Game Code § 15005(b)(3) The weight, volume or count within the container.
(4)CA Fish and Game Code § 15005(b)(4) The date of the shipment.
(5)CA Fish and Game Code § 15005(b)(5) The name and address of the intended receiver.
(c)CA Fish and Game Code § 15005(c) The commission may require that certain aquaculture products shall be additionally identified as being aquaculture produced, except for the following:
(1)CA Fish and Game Code § 15005(c)(1) Trout.
(2)CA Fish and Game Code § 15005(c)(2) Catfish.
(3)CA Fish and Game Code § 15005(c)(3) Kelp and aquatic plants.
(4)CA Fish and Game Code § 15005(c)(4) Frogs and amphibia.
(5)CA Fish and Game Code § 15005(c)(5) All bivalve mollusks (except little neck clams).
(6)CA Fish and Game Code § 15005(c)(6) All members of the family Centrarchidae.
(7)CA Fish and Game Code § 15005(c)(7) Crayfish.
(8)CA Fish and Game Code § 15005(c)(8) Sea urchins.
(9)CA Fish and Game Code § 15005(c)(9) Shrimp and fresh water prawns.
(10)CA Fish and Game Code § 15005(c)(10) Crab.

Section § 15006

Explanation

This law states that rules in this section do not apply to ornamental marine or freshwater plants and animals kept in closed systems, as long as they are not used for eating or bait. This means if you're keeping fish or plants as pets, or for your aquarium hobby, this rule won't affect you.

Nothing in this division applies to authorized species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.

Section § 15007

Explanation

This California law makes it illegal to spawn, incubate, or cultivate any finfish from the Salmonidae family, transgenic fish species, or exotic finfish in the Pacific waters regulated by the state. There are exceptions for cultivating native California salmon or steelhead trout for research or restoration purposes. Commercial production of transgenic salmonids is also prohibited. However, accredited institutions can conduct medical or scientific research on transgenic fish with a permit, using closed systems to prevent escapes. The department must notify relevant committees 30 days before deciding on such permits. 'Exotic species' are fish not native or existing in wild populations in California, and 'transgenic' is defined by specific regulations.

(a)CA Fish and Game Code § 15007(a) In the waters of the Pacific Ocean that are regulated by this state, it is unlawful to spawn, incubate, or cultivate any species of finfish belonging to the family Salmonidae, transgenic fish species, or any exotic species of finfish. Except as authorized pursuant to subdivision (d), it is unlawful to spawn, incubate, or cultivate any transgenic species of finfish belonging to the family Salmonidae in this state. This section does not apply to salmon or steelhead trout reared from native California stocks that are propagated and cultured for either of the following:
(1)CA Fish and Game Code § 15007(a)(1) Research conducted by, or on behalf of, the department.
(2)CA Fish and Game Code § 15007(a)(2) Release into ocean waters for the purpose of recovery, restoration, or enhancement of California’s native salmon and steelhead trout populations pursuant to Chapter 8 (commencing with Section 6900) of Part 1 of Division 6.
(b)CA Fish and Game Code § 15007(b) Nothing in this section authorizes artificial propagation, rearing, or stocking of transgenic freshwater and marine fishes, invertebrates, crustaceans, or mollusks.
(c)CA Fish and Game Code § 15007(c) Research or experimentation for the commercial production of transgenic salmonids is prohibited.
(d)Copy CA Fish and Game Code § 15007(d)
(1)Copy CA Fish and Game Code § 15007(d)(1) Medical or scientific research conducted on transgenic finfish species by accredited California academic institutions or private entities for research only and not for commercial production may be authorized pursuant to a permit issued by the department pursuant to Section 671 of Title 14 of the California Code of Regulations, as that section read on May 14, 2003.
(2)CA Fish and Game Code § 15007(d)(2) At a minimum, research activities conducted pursuant to this subdivision shall be conducted in a closed system that has eliminated the risk of escape of transgenic finfish species and any potential disease they may transmit.
(3)CA Fish and Game Code § 15007(d)(3) A permit application applied for pursuant to this subdivision shall include a research plan specifying the objectives and goals of the proposed research.
(4)CA Fish and Game Code § 15007(d)(4) Nothing in this subdivision shall be construed to require the disclosure of proprietary information.
(e)CA Fish and Game Code § 15007(e) The department shall notify the Joint Committee on Fisheries and Aquaculture and the commission upon receipt of a permit application applied for pursuant to subdivision (d) at least 30 days prior to the approval or disapproval of the permit.
(f)CA Fish and Game Code § 15007(f) As used in this section, the following definitions shall apply:
(1)CA Fish and Game Code § 15007(f)(1) “Exotic species” means a fish that is not native to California waters and that does not currently exist as a viable population in a wild condition in the state.
(2)CA Fish and Game Code § 15007(f)(2) “Transgenic” has the same meaning as in Section 1.92 of Title 14 of the California Code of Regulations, as that section read on May 14, 2003.

Section § 15007.5

Explanation

It is illegal to farm any kind of octopus for people to eat in California. Additionally, business owners cannot sell, possess, or move any octopus that comes from such farming practices.

(a)CA Fish and Game Code § 15007.5(a) It shall be unlawful to engage in the aquaculture of any species of octopus for the purpose of human consumption.
(b)CA Fish and Game Code § 15007.5(b) A business owner or operator shall not sell, possess, or transport any species of octopus that is the result or product of aquaculture.

Section § 15008

Explanation

This law requires the department to create environmental impact reports for current and possible future commercial fish farming in California if funds are provided. The aquaculture industry must also contribute matching funds. These reports will help manage marine fish farming responsibly by considering safe locations and the impacts on habitats, ecosystems, fishing activities, and human health. It also looks at how farming affects ocean life, pollution, feed practices, and the escape of farmed fish to ensure sustainable aquaculture development.

(a)CA Fish and Game Code § 15008(a) The department shall, in consultation with the Aquaculture Development Committee, prepare programmatic environmental impact reports for existing and potential commercial aquaculture operations in both coastal and inland areas of the state if both of the following conditions are met:
(1)CA Fish and Game Code § 15008(a)(1) Funds are appropriated to the department for this purpose.
(2)CA Fish and Game Code § 15008(a)(2) Matching funds are provided by the aquaculture industry. For the purpose of this section, “matching funds” include, but are not limited to, any funds expended by the aquaculture industry before January 1, 2006, for the preparation of a programmatic environmental impact report.
(b)CA Fish and Game Code § 15008(b) If the final programmatic environmental impact report is prepared pursuant to subdivision (a) for coastal marine finfish aquaculture projects and approved by the commission under the California Environmental Quality Act set forth in Division 13 (commencing with Section 21000) of the Public Resources Code, the report shall provide a framework for managing marine finfish aquaculture in an environmentally sustainable manner that, at a minimum, adequately considers all of the following factors:
(1)CA Fish and Game Code § 15008(b)(1) Appropriate areas for siting marine finfish aquaculture operations to avoid adverse impacts, and minimize any unavoidable impacts, on user groups, public trust values, and the marine environment.
(2)CA Fish and Game Code § 15008(b)(2) The effects on sensitive ocean and coastal habitats.
(3)CA Fish and Game Code § 15008(b)(3) The effects on marine ecosystems, commercial and recreational fishing, and other important ocean uses.
(4)CA Fish and Game Code § 15008(b)(4) The effects on other plant and animal species, especially species protected or recovering under state and federal law.
(5)CA Fish and Game Code § 15008(b)(5) The effects of the use of chemical and biological products and pollutants and nutrient wastes on human health and the marine environment.
(6)CA Fish and Game Code § 15008(b)(6) The effects of interactions with marine mammals and birds.
(7)CA Fish and Game Code § 15008(b)(7) The cumulative effects of a number of similar finfish aquaculture projects on the ability of the marine environment to support ecologically significant flora and fauna.
(8)CA Fish and Game Code § 15008(b)(8) The effects of feed, fish meal, and fish oil on marine ecosystems.
(9)CA Fish and Game Code § 15008(b)(9) The effects of escaped fish on wild fish stocks and the marine environment.
(10)CA Fish and Game Code § 15008(b)(10) The design of facilities and farming practices so as to avoid adverse environmental impacts, and to minimize any unavoidable impacts.