AquacultureDisease 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.