Cal. Code Regs. Tit. 14, § 235 - Aquaculture Registration

(a) Registration Required. Pursuant to the provisions of Section 15101 of the Fish and Game Code, all aquaculture facilities must be registered with the department each year. For purposes of Chapter 9, Subdivision 1, Division 1, Title 14, California Code of Regulations, an aquaculture facility is one that is devoted to the propagation, cultivation, maintenance and harvesting of aquatic plants and animals in marine, brackish or fresh water. This registration is not required for: the maintenance of koi and goldfish in closed systems for personal, pet or hobby purposes; the harvest and sale of brine shrimp; and the sale or cultivation of tropical species of ornamental marine or fresh water plants or animals, not utilized for human consumption or bait purposes, but maintained in closed systems for personal, pet industry or hobby purposes.

(1) Who Shall Register. The owner of each aquaculture facility shall register each year on forms provided by the department. Individual forms must be completed for each aquaculture facility location. Application forms and a list of laws and regulations governing aquaculture are available from the department's Aquaculture Development Section, 1416 Ninth Street, Sacramento 95814, (or by postal delivery to P.O. Box 944209, Sacramento, CA 94244-2090), and from the department's regional offices in Redding, Fairfield, Rancho Cordova, Fresno, Long Beach and Menlo Park, on request.

(2) Cost of Registration. The registration fee for each new registered owner or operator shall be the fee specified in Section 15101(b) of the Fish and Game Code.

(3) Where to Submit Applications. Application forms together with the registration fee shall be submitted to one of the department's regional offices listed in subsection (1) above. Applications will be processed within five working days after approval. Applications shall be made on a form (Application for Aquaculture Registration, FG 750 (2/91), which is incorporated by reference herein) supplied by the department.

(b) Registration Limitation. The applicant must certify that he/she has read, understands and agrees to be bound by the regulations of the commission and the Fish and Game Code sections governing aquaculture and its products.

(c) Duration of Registration. The annual term of registration shall be January 1 to December 31, or if issued after the beginning of such term, for the remainder of that calendar year. Aquaculturists must reregister their facilities by March 1 of each year. Reregistration (renewal) fees shall be the amount specified in Section 15101(b) of the Fish and Game Code. An additional surcharge, specified in Section 15103 of the Fish and Game Code, shall be paid at the time of renewal if the proceeds from sale of aquaculture products of the facility in the preceding year exceed $25,000. Penalties for late renewal will be assessed in accordance with Section 15104 of the Fish and Game Code. Anyone failing to register under this section shall be operating unlawfully.

(d) All permits specified in this chapter, in addition to the aquaculture registration issued pursuant to Section 15101 of the Fish and Game Code, shall be issued under the following conditions:

(1) Where Issued. Requests for permits required in Chapter 9, unless specifically directed otherwise, shall be submitted to the Department of Fish and Wildlife, Aquaculture Development Section, 1416 Ninth Street, Sacramento, CA 95814 (or by postal delivery to P.O. Box 944209, Sacramento, CA 94244-2090).

(2) Cost of Permit. Except as otherwise provided, see Section 15101 of the Fish and Game Code.

(3) Duration of Permits. Except as otherwise provided, permits will be issued on a calendar year basis, or if issued after January 1, for the remainder thereof.

Notes

Cal. Code Regs. Tit. 14, § 235

1. New chapter 9 (sections 235-240, not consecutive) filed 4-1-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 14).
2. Amendment of subsection (a) filed 7-8-87; operative 8-7-87 (Register 87, No. 29).
3. Amendment filed 7-25-88; operative 7-25-88 (Register 88, No. 32).
4. Amendment of subsection (d) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
5. Amendment of subsections (a), (c), (d) and NOTE filed 7-24-91; operative 8-23-91 (Register 92, No. 8).
6. Change without regulatory effect amending subsection (d)(2) filed 11-20-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 15).
7. Amendment of subsection (a) filed 9-7-2000; operative 10-7-2000 (Register 2000, No. 36).
8. Change without regulatory effect amending subsections (a)(1) and (d)(1) filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).

Note: Authority cited: Sections 1050, 15005, 15101, 15102, 15103, 15104 and 15200, Fish and Game Code. Reference: Sections 15000- 15005 and 15100- 15102, Fish and Game Code.

1. New chapter 9 (sections 235-240, not consecutive) filed 4-1-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 14).
2. Amendment of subsection (a) filed 7-8-87; operative 8-7-87 (Register 87, No. 29).
3. Amendment filed 7-25-88; operative 7-25-88 (Register 88, No. 32).
4. Amendment of subsection (d) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
5. Amendment of subsections (a), (c), (d) and Note filed 7-24-91; operative 8-23-91 (Register 92, No. 8).
6. Change without regulatory effect amending subsection (d)(2) filed 11-20-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 15).
7. Amendment of subsection (a) filed 9-7-2000; operative 10-7-2000 (Register 2000, No. 36).
8. Change without regulatory effect amending subsections (a)(1) and (d)(1) filed 8/8/2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).