Cal. Code Regs. Tit. 14, § 240 - Transportation, Possession and Sale of Sturgeon, Striped Bass, Hybrid Striped Bass (Striped Bass Crossed with White Bass), Abalone and Steelhead Trout Produced or Imported by Registered Aquaculturists for Aquaculture Purposes

All sturgeon, striped bass, hybrid striped bass, abalone and steelhead trout produced or imported by registered aquaculturists for aquaculture purposes shall be transported, possessed and sold as provided in this section. For purposes of these regulations, aquaculture products are products of aquaculture as defined by Section 17 of the Fish and Game Code.

(a) Such aquaculture products must be accompanied by a duplicate of a sales invoice or waybill, showing the name and address of the producer, the producer's aquaculture registration number, date of shipment, the species being transported, the weight, volume, or count of each species in the shipment, the name and address of the intended receiver and tag number if subject tag is required.

(b) The consignee shall retain a copy of the bill of lading or similar accountable document for one year and make it available to the department upon request.

(c) Live aquaculture products are not subject to the provisions of subsections (c), (d) and (e). All dead aquaculture products or parts thereof, except hybrid striped bass sold whole or in the round with the head attached, transported or sold within the state pursuant to this section shall be either:

(1) Packaged in sealed containers or boxes. Each container or box shall be clearly labeled showing a description of the contents and an identification of the shipper; or

(2) Tagged with consecutively numbered cinch-up vinyl plastic spaghetti tags with a legend showing the name of the shipper along with the city and state of origin. The tag sequence shall be present on all invoices and waybills. Reusable tags may not be possessed in the State of California. When tags are removed from the aquaculture products they must be destroyed by cutting through that portion of the tag which contains the name of the shipper and the tag number; or

(3) Clearly marked, using liquid nitrogen and a metal band, with an "A," 1/2 -inch square, posterior to the head, anterior to the dorsal fin and above the lateral line. All aquaculture products shall be marked when alive but may be killed prior to transport or sale.

(d) No such dead aquaculture products may be possessed at a place where aquaculture products are sold unless packaged, marked or tagged in the manner described in subsection (c) except that operators or employees of retail stores, restaurants or other eating establishments may remove portions from packaged, marked or tagged aquaculture products when such portions are being displayed or prepared for actual sale to a consumer or for actual consumption on the premises.

(e) Aquaculture products tagged, marked and/or packaged under subsection (c) above may be processed and repackaged or retagged by dealers possessing a revocable processing permit issued by the Wildlife Protection Division of the department specifically for striped bass, hybrid striped bass, sturgeon, abalone and steelhead trout. The permit shall be issued free of charge on a calendar year basis, or part thereof. When transported for sale such aquaculture products or portions of aquaculture products shall meet the transportation requirements of subsections (a) and (b).

(f) Live aquaculture products may not be imported except in accordance with Section 236, Title 14, California Administrative Code.

(g) Live hybrid striped bass may not be imported or possessed by registered aquaculturists except under the terms of a permit issued by the department, specifying conditions under which these aquaculture products may be reared and transported. Requests for permits shall be submitted to the Department of Fish and Wildlife, Aquaculture Development Section, 1416 Ninth Street, Sacramento, California 95814 (or by postal delivery to P.O. Box 944209, Sacramento, CA 94244-2090).

(h) Live hybrid striped bass shall only be possessed or sold in Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara. Ventura, Lassen and Modoc counties.

(i) All aquaculture products held live for retail sale shall be killed at the time of sale and be dead before leaving the retailer's premises, and under no condition may these aquaculture products be stocked in any lake, pond or stream.

Notes

Cal. Code Regs. Tit. 14, § 240

1. Amendment filed 3-25-87; effective thirtieth day thereafter (Register 87, No. 13).
2. Amendment of section heading, first paragraph, and subsection (e) filed 7-24-91; operative 8-23-91 (Register 92, No. 8).
3. Change without regulatory effect amending subsection (g) filed 8-8-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).

Note: Authority cited: Sections 1050, 7701, 7708, 15005, 15102, 15200, 15202 and 15600, Fish and Game Code. Reference: Sections 1050, 2348, 7700- 7703, 8371, 8431 and 15505, Fish and Game Code.

1. Amendment filed 3-25-87; effective thirtieth day thereafter (Register 87, No. 13).
2. Amendment of section heading, first paragraph, and subsection (e) filed 7-24-91; operative 8-23-91 (Register 92, No. 8).
3. Change without regulatory effect amending subsection (g) filed 8/8/2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 32).