Chapter 1. General Provisions of California Fish And Game Code >> Division 12. >> Chapter 1.
(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
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.
Any person who takes aquaculture products without lawful
entitlement is subject to prosecution for theft.
(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
(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.
(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.
(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
(b) The commission may determine that aquaculture products shall
be accompanied by a document containing any of the following
(1) The name, address, and registration number of the aquaculture
(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:
(3) Kelp and aquatic plants.
(4) Frogs and amphibia.
(5) All bivalve mollusks (except little neck clams).
(6) All members of the family Centrarchidae.
(8) Sea urchins.
(9) Shrimp and fresh water prawns.
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.
(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. Except as authorized
pursuant to subdivision (d), it is unlawful to spawn, incubate, or
cultivate any transgenic species of finfish belonging to the family
Salmonidae in this state. 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.
(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) Research or experimentation for the commercial production of
transgenic salmonids is prohibited.
(d) (1) Medical or scientific research conducted on transgenic
finfish species by accredited California academic institutions or
private entities for research only and not for commercial production
may be authorized pursuant to a permit issued by the department
pursuant to Section 671 of Title 14 of the California Code of
Regulations, as that section read on May 14, 2003.
(2) At a minimum, research activities conducted pursuant to this
subdivision shall be conducted in a closed system that has eliminated
the risk of escape of transgenic finfish species and any potential
disease they may transmit.
(3) A permit application applied for pursuant to this subdivision
shall include a research plan specifying the objectives and goals of
the proposed research.
(4) Nothing in this subdivision shall be construed to require the
disclosure of proprietary information.
(e) The department shall notify the Joint Committee on Fisheries
and Aquaculture and the commission upon receipt of a permit
application applied for pursuant to subdivision (d) at least 30 days
prior to the approval or disapproval of the permit.
(f) As used in this section, the following definitions shall
(1) "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.
(2) "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
(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
(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
(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
(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
(9) The effects of escaped fish on wild fish stocks and the marine
(10) The design of facilities and farming practices so as to avoid
adverse environmental impacts, and to minimize any unavoidable