Aquaculture in California

Fish and Game Code Division 12, Chapter 1 provides general provisions on aquaculture in this state.

Section 15000 states that the business of aquaculture is governed by this division and is exempt from specified laws and any other provision of this code relating to commercial fishing, harvesting, processing, and marketing. The business of aquaculture processing, distribution, and marketing is administered by the Secretary of Food and Agriculture.

Section 15001 provides that the cultured progeny of wild plants and animals lawfully obtained are the exclusive property of that person who cultured them or that person’s successor in interest.

Section 15002 states that any person who takes aquaculture products without lawful entitlement is subject to prosecution for theft.

Section 15003 authorizes the department to assess a fee on persons growing aquaculture products on public lands and in public waters based on the price per pound of the products sold. The fees are set at amounts necessary to defray the costs of the commission and the department in administering this division. However, the fees may not exceed the rates as provided in law.

Section 15004 requires aquaculturists operating under this division to pay all costs incurred by the department when conducting any inspections of plants, animals, facilities, or culture areas required by this division, or by regulations adopted pursuant to this division, when requested by the aquaculturists.

Section 15005 allows the commission, when necessary for the protection of native wildlife, to regulate the transportation, purchase, possession, and sale of specific aquaculture products as specified for in this section. Also, the commission may determine that aquaculture products is to be accompanied by a document containing any of the specified information.

Section 15006 explains that nothing in this division applies to authorized species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.

Section 15007 provides that, 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 the family Salmonidae, transgenic fish species, or any exotic species of finfish. This section does not apply to salmon or steelhead trout reared from native California stocks that are propagated and cultured for either of the specified manners.

Nothing in this section authorizes artificial propagation, rearing, or stocking of transgenic freshwater and marine fishes, invertebrates, crustaceans, or mollusks. Research or experimentation for the commercial production of transgenic salmonids is prohibited. The terms “exotic species” and “transgenic” are defined.

Section 15007.5 makes it unlawful to engage in the aquaculture of any species of octopus for the purpose of human consumption. A business owner or operator cannot sell, possess, or transport any species of octopus that is the result or product of aquaculture.

Section 15008 requires the department, in consultation with the Aquaculture Development Committee, to prepare programmatic environmental impact reports for existing and potential commercial aquaculture operations in both coastal and inland areas of the state if both of the specified conditions are met.