Section § 15600

Explanation

If you're a registered fish farmer, you need to get written approval from the state's department before bringing any live aquatic plants or animals into California. This is based on rules set by a governing commission.

For those looking to bring in anadromous fish (fish that migrate from the sea to freshwater) or their eggs to the Smith River area, this is only allowed if you already had a permit before February 22, 1988. However, exceptions are made for research purposes by universities or scientific groups, as long as the work is considered legitimate by the department.

(a)CA Fish and Game Code § 15600(a) No live aquatic plant or animal may be imported into this state by a registered aquaculturist without the prior written approval of the department pursuant to the regulations adopted by the commission.
(b)CA Fish and Game Code § 15600(b) The department shall not approve the importation of, or renew a permit to import, any anadromous fish or roe thereof listed in Section 2118 or the regulations adopted under Section 2118 into the Smith River watershed by a person unless that person had a permit or authorization approved before February 22, 1988. However, the department may issue or renew a permit for the importation of any anadromous fish or roe thereof specifically for research purposes conducted at any university, college, governmental research agency, or other bona fide scientific institution, as determined by the department, engaging in scientific or public health research.

Section § 15601

Explanation

If you apply to import a live aquatic plant or animal according to the rules set by the commission and they don't say no within 60 days, your application is automatically approved.

A written application for the importation of a live aquatic plant or animal that is submitted in conformance with the procedural requirements established by the commission is deemed to be approved if it has not been denied within 60 days.

Section § 15604

Explanation

Any facility built in the Smith River area for breeding or raising certain fish species, specifically those that migrate from the sea to freshwater to spawn, must comply with the California Environmental Quality Act. No exceptions are allowed for these types of fish facilities.

No facility constructed for the purpose of spawning, incubating, or raising of anadromous fish listed in Section 2118 in the Smith River watershed is exempt from any provision of the California Environmental Quality Act.

Section § 15605

Explanation

This section of the law makes it clear that the rules in this chapter do not stop people from bringing in or keeping Atlantic Salmon or their eggs, as long as they were legally imported or possessed in the Smith River area before February 22, 1988, with official approval. Also, it does not affect the importation or possession of dead Atlantic salmon or nonviable eggs for eating if the importer has the right licenses from the department.

(a)CA Fish and Game Code § 15605(a) Nothing in this chapter prohibits the importation of Atlantic Salmon or the roe thereof, or the continued possession of Atlantic salmon or the roe therefrom which were lawfully imported or possessed on or before February 22, 1988, in the Smith River watershed under a written approval of the department issued pursuant to Section 15600.
(b)CA Fish and Game Code § 15605(b) Nothing in this chapter applies to the importation or possession of dead Atlantic salmon or nonviable roe therefrom imported for human consumption if the importer has the appropriate licenses issued by the department.