Upon the recommendation of the department and after consultation with the Aquaculture Disease Committee created pursuant to this chapter, the commission shall compile a list of diseases and parasites and the aquatic plants and animals they are known to infect or parasitize. All government activities relating to aquaculture disease detection, control, and eradication that do not affect human health and safety are the responsibility of the department.
Chapter 6Disease Control
Section § 15500
This law requires the commission to work with the department and the Aquaculture Disease Committee to make a list of diseases and parasites, as well as the aquatic plants and animals they affect. The department is responsible for managing all aspects of detecting, controlling, and eradicating these diseases and parasites in the context of aquaculture, as long as they don't pose a risk to human health and safety.
aquaculture disease control parasite management aquatic plants aquatic animals disease detection eradication Aquaculture Disease Committee aquatic diseases government responsibility disease compilation aquaculture safety infection list
Section § 15501
This law allows a department to enter places like cars, warehouses, ships, and growing areas where aquatic plants or animals are kept. They can do this any time but need an inspection warrant first. The purpose is to check if the aquatic plants or animals have infections, diseases, or parasites.
The department may enter, under an inspection warrant issued pursuant to Title 5 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, at any time, any car, warehouse, depot, ship, or growing area where any aquatic plants or animals are held or stored, for the purpose of making an examination to ascertain whether the aquatic plants or animals are infected, diseased, or parasitized.
inspection warrant aquatic plants aquatic animals disease inspection parasite check inspection rights warrant procedure storage areas growing areas health examination disease control animal health plant health Code of Civil Procedure entry rights
Section § 15502
This law establishes an 11-member Aquaculture Disease Committee, appointed by the director with input from two aquaculture-related committees. The committee includes at least six industry producers representing different aspects of the aquaculture industry, two representatives from the department, one from the Department of Food and Agriculture, one aquatic diseases expert, and one from the University of California Cooperative Extension. Members work without pay but get reimbursement for necessary expenses.
The director, in consultation with the Aquaculture Industry Advisory Committee and the Interagency Committee for Aquaculture Development, shall appoint an 11-member Aquaculture Disease Committee consisting of at least six industry producers selected to represent geographic, specie, and other diverse aspects of the industry; two to represent the department; one to represent the Department of Food and Agriculture; an academic scientist who is an expert in aquatic diseases; and one representative of the University of California Cooperative Extension. Members of the committee shall serve without compensation, but shall be paid their necessary expenses.
Aquaculture Disease Committee industry producers aquaculture industry geographic representation species diversity Department of Food and Agriculture aquatic diseases expert University of California Cooperative Extension reimbursement for expenses Interagency Committee for Aquaculture Development Aquaculture Industry Advisory Committee academic scientist committee appointment non-compensated positions
Section § 15503
This section allows the Aquaculture Disease Committee to suggest rules to protect both wild and farmed aquatic life from harmful organisms identified in Section 15500.
The Aquaculture Disease Committee may recommend regulations to the commission designed to safeguard wild and cultured organisms from the list of harmful organisms compiled pursuant to Section 15500.
Aquaculture Disease Committee safeguard wild organisms cultured organisms dangerous organisms regulations harmful organisms list protection measures aquatic life safety disease prevention aquaculture regulations wild fish protection farmed fish safety environmental protection aquaculture safety measures commission recommendations
Section § 15504
This section outlines that regulations suggested and adopted under Section 15503 may cover a range of actions regarding animal health issues. These include setting up routine monitoring and standardized diagnostic processes, ensuring diagnoses are independently confirmed, establishing criteria for quarantine and destruction of animals, and specifying timelines for these actions. It also includes outlining methods for animal destruction and facility cleanup, determining compensation procedures, and other necessary actions as decided by the commission.
Regulations recommended under Section 15503 and adopted by the commission may include all of the following:
(a)CA Fish and Game Code § 15504(a) Routine monitoring procedures.
(b)CA Fish and Game Code § 15504(b) Standardized diagnostic procedures.
(c)CA Fish and Game Code § 15504(c) A requirement for the confirmation of the diagnosis by the state through at least one other independent and qualified laboratory.
(d)CA Fish and Game Code § 15504(d) Criteria for ordering quarantine, condemnation, or destruction.
(e)CA Fish and Game Code § 15504(e) A stated maximum time period between diagnosis and destruction.
(f)CA Fish and Game Code § 15504(f) Methods to be employed in animal destruction and facility cleanup.
(g)CA Fish and Game Code § 15504(g) Procedures for determining fair and rapid compensation.
(h)CA Fish and Game Code § 15504(h) Any other related procedures that the commission may determine are necessary.
routine monitoring procedures standardized diagnostic procedures diagnosis confirmation independent laboratory quarantine criteria animal condemnation destruction timeline animal destruction methods facility cleanup compensation procedures commission regulations animal health regulations monitoring and diagnostics animal quarantine health crisis response
Section § 15505
If a harmful disease or parasite affecting fish farming or wild aquatic life is found, the director, after consulting experts, can take specific measures. These include setting up quarantine areas, posting notifications in newspapers, holding infected animals, restricting the movement of affected species, and ordering their destruction.
If any of the diseases or parasites listed pursuant to Section 15500 is found to exist which the director, in consultation with the Aquaculture Disease Committee and consistent with the regulations adopted under Section 15504, deems to be detrimental to the aquaculture industry or to wild stocks of aquatic plants and animals, the director may do any of the following:
(a)CA Fish and Game Code § 15505(a) Establish the area to be quarantined and list the aquatic plants and animals affected by it.
(b)CA Fish and Game Code § 15505(b) Post notices describing, as nearly as possible, the boundaries of an area within which specific disease or parasite infestations are found. Notices posted pursuant to this subdivision shall be published once a week for four successive weeks in a newspaper of general circulation in the county in which the infected area is located. If there is no newspaper of general circulation in that county, then the notice shall be published in a newspaper of general circulation published in an adjoining county.
(c)CA Fish and Game Code § 15505(c) Hold and impound diseased or parasitized plants and animals.
(d)CA Fish and Game Code § 15505(d) Forbid, prevent, or restrict the movement of all plants and animals subject to the disease or parasite from or into the area, or from place to place within it, during the existence of the quarantine.
(e)CA Fish and Game Code § 15505(e) Order the destruction and disposal of diseased or parasitized plants and animals consistent with Section 15504.
aquaculture quarantine disease control parasite infestation wild stocks aquatic plants aquatic animals movement restriction disease notification animal impoundment species destruction aquaculture industry protection public notice disease prevention infected area boundaries
Section § 15506
This law says that if plants or animals being farmed privately develop an aquatic disease, they can't just be automatically quarantined or destroyed. There’s an exception for certain diseases listed elsewhere. Quarantine or destruction can only happen if the director, after consulting with the Aquaculture Disease Committee, determines that the disease outbreak is a significant threat to the aquaculture industry or to fish and plant life.
Except for those diseases in the list compiled pursuant to Section 15500, infected plants or animals shall not be quarantined or destroyed, unless the director, in consultation with the Aquaculture Disease Committee, finds that an outbreak of aquatic disease among privately cultured plants or animals presents a threat to the aquaculture industry or to fish life or plant life.
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Section § 15507
This law states that if a disease is found in a nearby government-run facility or in wild populations, private aquaculture facilities can't have their diseased plants or animals quarantined or destroyed unless the same actions are taken with the government facility and wild populations.
If the director, in consultation with the Aquaculture Disease Committee, finds that a disease is present in a nearby government operated facility or in nearby wild stocks, infected plants or animals in a private aquaculture facility shall not be quarantined or destroyed unless similar action is taken with respect to the government facility and wild stocks.
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Section § 15508
The director must quickly send reports about diseases and parasites, as collected under a specific law, to the Aquaculture Disease Committee. The department is then required to promptly look into these reports.
Reports of those diseases and parasites compiled pursuant to Section 15500 shall be immediately forwarded by the director to the Aquaculture Disease Committee and shall be promptly investigated by the department.
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Section § 15509
If you're dealing with aquatic plants or animals under quarantine, you can't move them across the quarantine line unless you get a special permit.
The director will inspect everything to make sure it's clean and disinfected before giving out this permit.
No person may move, or allow to be moved, any of the aquatic plants or animals which are subject to a quarantine established pursuant to Section 15505 across the quarantine line which is established, unless the person has first obtained a permit from the director authorizing the movement.
The director may issue a permit after inspection, if the aquatic plants or animals, premises, transportation vehicles, and equipment which are subject to the quarantine established pursuant to Section 15505 are properly cleaned and disinfected.
aquatic quarantine movement permit inspection cleaning and disinfection quarantine line aquatic plants aquatic animals director approval transportation vehicles equipment sanitization Section 15505 permit authorization quarantine restrictions
Section § 15510
If it's determined that a disease affecting domestic aquatic plants or animals exists or poses a risk of spreading from outside the state or country, the director will notify a commission. This commission can then make rules to restrict or stop the import of potentially infected plants or animals. They will first consult with health and agriculture departments.
If the director determines that any disease designated pursuant to Section 15500 exists among domestic aquatic plants and animals, or that aquatic plants and animals have been exposed, or may have been exposed, to the disease, or to the vectors of the disease, in any other state or territory in the United States or in any foreign country, and the importation of aquatic plants or animals from the state, territory, or foreign country may transmit, carry, or disseminate the disease to domestic plants and animals within this state, the director shall notify the commission which may, after consulting the State Department of Health Services and the Department of Food and Agriculture, issue a regulation restricting or prohibiting the importation of the diseased or infected aquatic plants or animals into this state from any other state, territory, or foreign country.
aquatic plant disease prevention disease exposure disease transmission infected aquatic animals importation restrictions disease vectors domestic aquatic plants animal disease control public health consultation agriculture department consultation disease regulation cross-border disease threat import prohibition foreign disease risks quarantine measures
Section § 15512
This law explains how an aquaculture owner is compensated if their aquatic plants or animals are destroyed. The owner will be paid from the General Fund for 75% of the replacement value, minus any replacement stock value provided by the department. If the owner and department can't agree on the replacement value, two appraisers (one from each party) determine it, possibly requiring arbitration for disputes. If the department provides replacement stock, its value is deducted from the payment. The final determined amount can then be submitted as a claim to the Department of General Services.
(a)CA Fish and Game Code § 15512(a) If aquatic plants or animals are destroyed pursuant to subdivision (e) of Section 15505, and a claim is submitted pursuant to Section 15513, the owner shall be promptly paid from the General Fund an amount equal to 75 percent of the replacement value of the plants or animals, less the value determined by the department of any replacement stock provided by the department under subdivision (b). If the replacement value is not settled between the owner and the department, the replacement value shall be determined by an appraiser appointed by the director and an appraiser appointed by the owner. Appraiser’s fees shall be paid by the appointing party. Disputes between these two appraisers shall be submitted to arbitration under the Commercial Arbitration Rules of the American Arbitration Association.
(b)CA Fish and Game Code § 15512(b) If the department provides replacement stock to an aquaculturist whose plants or animals are destroyed pursuant to subdivision (e) of Section 15505, the amount to be paid to the aquaculturist pursuant to this section shall be reduced by the value of the replacement stock, as determined by the department.
(c)CA Fish and Game Code § 15512(c) The result of the arbitration or the amount settled between the owner and the department, reduced by the value determined by the department of any replacement stock provided under subdivision (b), may be submitted as a claim by the owner to the Department of General Services pursuant to Section 15513.
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Section § 15513
If you have a claim against the department related to this chapter, you should file it following the rules outlined in Section 905.2 of the Government Code.
Claims against the department arising under this chapter may be submitted pursuant to Section 905.2 of the Government Code.
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Section § 15514
This law says that if you make a claim about aquaculture (like fish farming) and the director, along with the Aquaculture Disease Committee, decides you were sloppy or broke the rules, and that's why there was a disease or infection leading to the destruction order, you won't get paid for that claim. Also, if you intentionally broke certain rules outlined in Section 15505, you won’t be eligible for payment.
No claim arising under this chapter shall be paid where the director, in consultation with the Aquaculture Disease Committee, finds that the claimant’s management practices were negligent or in violation of law, and that the negligence or violation was the proximate cause of the disease or infection prompting the order of destruction or finds the claimant willfully violated any provision of Section 15505.
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Section § 15516
If you own an aquaculture business and are told by the director to eliminate a disease from your facility, you must actively work to do so. If you don't, you will have to pay the department for the full cost of its efforts to remove the disease. Paying these costs does not exempt you from following other laws, rules, or director's orders, nor does it protect you from legal action.
The owner of an aquaculture product who does not diligently pursue the eradication of a disease from its facility when ordered to do so by the director shall be responsible for paying to the director the full costs of the department for all disease eradication efforts conducted by the department to eradicate the disease. Payment of the costs under this section shall not excuse compliance with the provisions of law, regulations of the commission, and orders of the director, nor be a defense in any criminal or civil proceedings.
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