Section 15512 Of Chapter 6. Disease Control From California Fish And Game Code >> Division 12. >> Chapter 6.
15512
. (a) If aquatic plants or animals are destroyed pursuant to
subdivision (e) of Section 15505, 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 claim is submitted pursuant
to Section 15513. 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) 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) 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 California Victim
Compensation and Government Claims Board pursuant to Section 15513.