DIVISION 12. AQUACULTURE [15000. - 15703.]

Division 12 added by Stats. 1982, Ch. 1486, Sec. 25.

§§ 15000–15703 · 62 sections

1. CHAPTER 1. General Provisions §§ 15000–15008 · 10 sections

   • § 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…
   • § 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…
   • § 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…
   • § 15004 Aquaculturists operating under this division shall pay all costs incurred by the department when conducting any inspections of plants, animals, facilities, or…
   • § 15005 (a) When necessary for the protection of native wildlife, the commission may regulate the transportation, purchase, possession, and sale of specific…
   • § 15006 Nothing in this division applies to authorized species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait…
   • § 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…
   • § 15007.5 (a) It shall be unlawful to engage in the aquaculture of any species of octopus for the purpose of human consumption. (b) A business owner or operator shall…
   • § 15008 (a) The department shall, in consultation with the Aquaculture Development Committee, prepare programmatic environmental impact reports for existing and…
2. CHAPTER 2. Aquaculture Development Section §§ 15100–15105 · 6 sections

   • § 15100 There is within the department an aquaculture coordinator who shall perform all of the following duties as part of the department’s aquaculture program: (a)…
   • § 15101 (a) The owner of each aquaculture facility shall register all of the following information with the department by March 1 of each year: (1) The owner’s name.…
   • § 15102 The department may prohibit an aquaculture operation or the culturing of any species at any location where it is determined it would be detrimental to adjacent…
   • § 15103 (a) In addition to the fees specified in Section 15101, a surcharge fee of four hundred twelve dollars ($412) shall be paid at the time of registration by the…
   • § 15104 (a) If any person engages in the business of aquaculture, as regulated under this division, without having paid the registration fee or surcharge fee within…
   • § 15105 (a) Notwithstanding Section 13001 or 13002, all moneys collected by the department pursuant to this division shall be deposited in the Fish and Game…
3. CHAPTER 3. Stocking Aquatic Organisms §§ 15200–15202 · 3 sections

   • § 15200 The commission may regulate the placing of aquatic plants and animals in waters of the state. Movement of live fish between two registered aquaculturists who…
   • § 15201 A permit is required to place fish on public or private land or water in any watershed above an established public or private fish hatchery. The department…
   • § 15202 The commission may prohibit the placement of specific species of aquatic plants or animals in designated waters of the state. The prohibition may not include…
4. CHAPTER 4. Brood Stock Acquisition §§ 15300–15301 · 2 sections

   • § 15300 Aquatic plants or animals may be legally obtained for use as brood stock from all of the following sources: (a) A holder of a commercial fishing license. (b) A…
   • § 15301 (a) The department may sell wild aquatic plants or animals, except rare, endangered, or fully protected species, for aquaculture use at a price approximating…
5. CHAPTER 5. Leasing of State Water Bottoms §§ 15400–15415 · 18 sections

   • § 15400 (a) Except as prohibited by Section 15007, the commission may lease state water bottoms or the water column to any person for aquaculture, including, but not…
   • § 15401 Areas used by the public for digging clams shall not be leased. The department shall designate those areas.
   • § 15402 A lessee of a state water bottom owns all lawfully cultivated organisms that are described in the application for the lease and produced in the area leased.…
   • § 15403 Persons wishing to lease a state water bottom shall make a written application to the commission. An application shall contain all of the following…
   • § 15404 (a) If the commission finds that the area applied for is available for lease and that the lease would be in the public interest, it shall publish a notice that…
   • § 15405 (a) Except as specified in subdivision (b), no initial term of a state water bottom lease shall exceed 25 years. (b) The initial term of a state water bottom…
   • § 15406 (a) Each state water bottom lease shall specify a period prior to expiration when renewal of the lease may be requested by the lessee. If during this period…
   • § 15406.5 (a) Except as specified in subdivision (b), the commission shall award water bottom leases to the highest responsible bidder, if the bid meets or exceeds the…
   • § 15406.7 (a) In addition to the rent provided in Section 15406.5, every person operating under an oyster lease shall pay a privilege tax of four cents ($0.04) per…
   • § 15407 The annual rent shall be paid to the department within 30 days of the commencement of the lease and within 30 days of the anniversary thereof. The commission…
   • § 15408 The commission shall promulgate regulations governing the termination of leases due to failure to pay rent or improper use of the leasehold.
   • § 15409 (a) Upon termination of a lease, for any reason, all structures shall be removed at the lessee’s expense from the leasehold, and the area shall be restored to…
   • § 15410 All leases shall be subject to the power of the Legislature to increase or decrease the rents, fees, taxes, and other charges relating to the lease, but no…
   • § 15411 Lessees under a state water bottom lease may not unreasonably impede public access to state waters for purpose of fishing, navigation, commerce, or recreation.…
   • § 15412 No water bottom lease may be assigned without the prior approval of the commission. Application for approval of a lease assignment shall comply with all of the…
   • § 15413 No person may enter upon any area subject to a water bottom lease in which aquatic life is cultivated, or remove the aquatic life therefrom without the consent…
   • § 15414 A water bottom lease may require periodic reports that the commission deems necessary for the proper administration of the state’s water bottoms.
   • § 15415 The department shall notify the State Lands Commission of all applications for water bottom leases. The department shall inform the State Lands Commission of…
6. CHAPTER 6. Disease Control §§ 15500–15516 · 15 sections

   • § 15500 Upon the recommendation of the department and after consultation with the Aquaculture Disease Committee created pursuant to this chapter, the commission shall…
   • § 15501 The department may enter, under an inspection warrant issued pursuant to Title 5 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, at…
   • § 15502 The director, in consultation with the Aquaculture Industry Advisory Committee and the Interagency Committee for Aquaculture Development, shall appoint an…
   • § 15503 The Aquaculture Disease Committee may recommend regulations to the commission designed to safeguard wild and cultured organisms from the list of harmful…
   • § 15504 Regulations recommended under Section 15503 and adopted by the commission may include all of the following: (a) Routine monitoring procedures. (b) Standardized…
   • § 15505 If any of the diseases or parasites listed pursuant to Section 15500 is found to exist which the director, in consultation with the Aquaculture Disease…
   • § 15506 Except for those diseases in the list compiled pursuant to Section 15500, infected plants or animals shall not be quarantined or destroyed, unless the…
   • § 15507 If the director, in consultation with the Aquaculture Disease Committee, finds that a disease is present in a nearby government operated facility or in nearby…
   • § 15508 Reports of those diseases and parasites compiled pursuant to Section 15500 shall be immediately forwarded by the director to the Aquaculture Disease Committee…
   • § 15509 No person may move, or allow to be moved, any of the aquatic plants or animals which are subject to a quarantine established pursuant to Section 15505 across…
   • § 15510 If the director determines that any disease designated pursuant to Section 15500 exists among domestic aquatic plants and animals, or that aquatic plants and…
   • § 15512 (a) If aquatic plants or animals are destroyed pursuant to subdivision (e) of Section 15505, and a claim is submitted pursuant to Section 15513, the owner…
   • § 15513 Claims against the department arising under this chapter may be submitted pursuant to Section 905.2 of the Government Code.
   • § 15514 No claim arising under this chapter shall be paid where the director, in consultation with the Aquaculture Disease Committee, finds that the claimant’s…
   • § 15516 The owner of an aquaculture product who does not diligently pursue the eradication of a disease from its facility when ordered to do so by the director shall…
7. CHAPTER 7. Importation of Aquatic Plants and Animals §§ 15600–15605 · 4 sections

   • § 15600 (a) No live aquatic plant or animal may be imported into this state by a registered aquaculturist without the prior written approval of the department pursuant…
   • § 15601 A written application for the importation of a live aquatic plant or animal that is submitted in conformance with the procedural requirements established by…
   • § 15604 No facility constructed for the purpose of spawning, incubating, or raising of anadromous fish listed in Section 2118 in the Smith River watershed is exempt…
   • § 15605 (a) Nothing in this chapter prohibits the importation of Atlantic Salmon or the roe thereof, or the continued possession of Atlantic salmon or the roe…
8. CHAPTER 8. Aquaculture Development Committee §§ 15700–15703 · 4 sections

   • § 15700 The director shall appoint an Aquaculture Development Committee consisting of the following persons: (a) At least 12 members representing all sectors of the…
   • § 15701 (a) The term of membership for members other than representatives of public agencies shall be three years. The representatives of public agencies shall serve…
   • § 15702 (a) The committee shall be advisory to the director on all matters pertaining to aquaculture and shall coordinate activities among public entities. (b) The…
   • § 15703 The committee shall meet on the call of the director, but not less than twice each year.