Cal. Code Regs. Tit. 14, § 227 - Sale of Live Aquaculture Products by Aquarium or Pet Stores

Current through Register 2021 Notice Reg. No. 52, December 24, 2021

(a) No live aquaculture products shall be maintained or sold by aquarium or pet stores except the following:
(1) Tropical species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes;
(2) Goldfish;
(3) Koi;
(4) Albino channel catfish;
(5) White sturgeon not to exceed 8 inches in total length;
(6) Giant freshwater prawn (Macrobrachium rosenbergi);
(7) Brine shrimp;
(8) Worms of the family Tubificidae;
(9) Crustaceans of the order Amphipoda that are native to California waters;
(10) Mosquitofish, Gambusia affinis, except that mosquitofish may not be sold by aquarium or pet stores in Inyo, Mono, San Bernardino, Riverside and Imperial counties.
(11) Abalone.
(b) White sturgeon and abalone shall be sold only under an Aquarium Dealer's Permit issued by the department to the owner of the aquarium or pet store. Applications shall be made on a department form available upon request from the Department of Fish and Wildlife, Law Enforcement Division, 1416 Ninth Street, Sacramento, California 95814 (or by postal delivery to P.O. Box 944209, Sacramento, CA 94244-2090). The permit shall be issued free of charge on a calendar year basis, or part thereof. See subsection 699(b) of these regulations for the fee for this permit. Aquarium dealer permittees shall maintain a log of all sales and shipments of live sturgeon and abalone, the name of the individual, company or organization taking possession of the product, the date of sale and the number of sturgeon or abalone sold. The log shall be shown upon request by an authorized department official.
(c) All abalone sold under an aquarium dealer's permit shall be marked as provided by section 238(e)(1)(B) of this title.
(d) Under no condition shall any live aquaculture product sold at an aquarium or pet store be planted in any waters of the state.

Notes

Cal. Code Regs. Tit. 14, § 227

Note: Authority cited: Sections 1050, 15005, 15200 and 15202, Fish and Game Code. Reference: Sections 1050 and 8371, Fish and Game Code.

1. New section 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 7-13-84; effective thirtieth day thereafter (Register 84, No. 28).
3. Amendment filed 7-8-85; effective thirtieth day thereafter (Register 85, No. 28).
4. Amendment of subsection (b) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).
5. Editorial correction of printing error in subsection (b) (Register 91, No. 31).
6. Change without regulatory effect amending subsection (b) filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).

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