Chapter 1General Provisions
Section § 15000
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.
Section § 15001
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.
Section § 15002
If someone takes aquaculture products, like fish or shellfish, without the right to do so, they can be charged with theft.
Section § 15003
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.
Section § 15004
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.
Section § 15005
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.
Section § 15006
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.
Section § 15007
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.
Section § 15007.5
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.
Section § 15008
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.