2009 California Fish and Game Code - Section 15000-15008 :: Chapter 1. General Provisions

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) 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) 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) Any costs incurred by the department in implementing Sections
15005, 15200, 15201, and 15202 shall be recovered pursuant to this
division.

15001.  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.

15002.  Any person who takes aquaculture products without lawful
entitlement is subject to prosecution for theft.

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 tax rates as provided in Section 8051.
   (b) The price per pound for these taxation purposes shall be based
on the whole product weight or its equivalent as taken by the
lessee.
   (c) The privilege tax 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.

15004.  (a) Commencing in 1992, the department shall, at least once
every five years, analyze the fees and taxes authorized by this
division to ensure that the amount of the appropriate fee or tax is
sufficient to fully fund the aquaculture program.
   (b) The department shall, as appropriate, recommend fee or tax
changes to the Legislature or the commission.
   (c) 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.

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) The commission may determine that aquaculture products shall
be accompanied by a document containing any of the following
information:
   (1) The name, address, and registration number of the aquaculture
producer.
   (2) The species.
   (3) The weight, volume or count within the container.
   (4) The date of the shipment.
   (5) The name and address of the intended receiver.
   (c) The commission may require that certain aquaculture products
shall be additionally identified as being aquaculture produced,
except for the following:
   (1) Trout.
   (2) Catfish.
   (3) Kelp and aquatic plants.
   (4) Frogs and amphibia.
   (5) All bivalve mollusks (except little neck clams).
   (6) All members of the family Centrarchidae.
   (7) Crayfish.
   (8) Sea urchins.
   (9) Shrimp and fresh water prawns.
   (10) Crab.

15006.  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.

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. 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) Research conducted by, or on behalf of, the department; or
   (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) Nothing in this section authorizes artificial propagation,
rearing, or stocking of transgenic freshwater and marine fishes,
invertebrates, crustaceans, or mollusks.
   (c) As used in this section, "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.
   (d) As used in this section, "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.

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) Funds are appropriated to the department for this purpose.
   (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) 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) 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) The effects on sensitive ocean and coastal habitats.
   (3) The effects on marine ecosystems, commercial and recreational
fishing, and other important ocean uses.
   (4) The effects on other plant and animal species, especially
species protected or recovering under state and federal law.
   (5) The effects of the use of chemical and biological products and
pollutants and nutrient wastes on human health and the marine
environment.
   (6) The effects of interactions with marine mammals and birds.
   (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) The effects of feed, fish meal, and fish oil on marine
ecosystems.
   (9) The effects of escaped fish on wild fish stocks and the marine
environment.
   (10) The design of facilities and farming practices so as to avoid
adverse environmental impacts, and to minimize any unavoidable
impacts.