Aquaculture Disease Control

Fish and Game Code Division 12, Chapter 6 deals with disease control in aquaculture.

Section 15500 requires the commission to compile, upon the recommendation of the department and after consultation with the Aquaculture Disease Committee, a list of diseases and parasites and the aquatic plants and animals they are known to infect or parasitize. All government activities relating to aquaculture disease detection, control, and eradication that do not affect human health and safety are the responsibility of the department.

Section 15501 authorizes the department to enter, under an inspection warrant issued, at any time, any car, warehouse, depot, ship, or growing area where any aquatic plants or animals are held or stored, for the purpose of making an examination to ascertain whether the aquatic plants or animals are infected, diseased, or parasitized.

Section 15502 requires the director, in consultation with the Aquaculture Industry Advisory Committee and the Interagency Committee for Aquaculture Development, to appoint an 11-member Aquaculture Disease Committee consisting of at least six industry producers selected to represent geographic, specie, and other diverse aspects of the industry; two to represent the department; one to represent the Department of Food and Agriculture; an academic scientist who is an expert in aquatic diseases; and one representative of the University of California Cooperative Extension.

Section 15503 allows the Aquaculture Disease Committee to recommend regulations to the commission designed to safeguard wild and cultured organisms from the list of harmful organisms compiled.

Section 15504 provides that regulations recommended and adopted by the commission may include eight specified activities.

Section 15505 states that, if any of the diseases or parasites listed is found to exist which the director, in consultation with the Aquaculture Disease Committee and consistent with the regulations adopted, deems to be detrimental to the aquaculture industry or to wild stocks of aquatic plants and animals, the director may do any of five specified actions.

Section 15506 prohibits infected plants or animals from being quarantined or destroyed, unless the director, in consultation with the Aquaculture Disease Committee, finds that an outbreak of aquatic disease among privately cultured plants or animals presents a threat to the aquaculture industry or to fish life or plant life.

Section 15507 states that, 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 wild stocks, infected plants or animals in a private aquaculture facility are prohibited from being quarantined or destroyed unless similar action is taken with respect to the government facility and wild stocks.

Section 15508 provides that reports of those diseases and parasites compiled must be immediately forwarded by the director to the Aquaculture Disease Committee and must be promptly investigated by the department.

Section 15509 states that no person may move, or allow to be moved, any of the aquatic plants or animals which are subject to a quarantine established across the quarantine line which is established, unless the person has first obtained a permit from the director authorizing the movement. The director may issue a permit after inspection, if the aquatic plants or animals, premises, transportation vehicles, and equipment which are subject to the quarantine established are properly cleaned and disinfected.

Section 15510 states that, if the director determines that any disease designated exists among domestic aquatic plants and animals, or that aquatic plants and animals have been exposed, or may have been exposed, to the disease, or to the vectors of the disease, in any other state or territory in the United States or in any foreign country.

Section 15512 provides that, if aquatic plants or animals are destroyed, and a claim is submitted, the owner is promptly paid from the General Fund an amount equal to 75% of the replacement value of the plants or animals, less the value determined by the department of any replacement stock provided by the department.

If the replacement value is not settled between the owner and the department, the replacement value is determined by an appraiser appointed by the director and an appraiser appointed by the owner. Appraiser’s fees are paid by the appointing party.

Section 15513 allows claims against the department arising under this chapter to be submitted.

Section 15514 explains that no claim arising under this chapter is to be paid where the director, in consultation with the Aquaculture Disease Committee, finds that the claimant’s management practices were negligent or in violation of law, and that the negligence or violation was the proximate cause of the disease or infection prompting the order of destruction.

Section 15516 states that 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 is responsible for paying to the director the full costs of the department for all disease eradication efforts conducted by the department to eradicate the disease.