reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 11 - PACIFIC MARINE FISHERIES COMPACT › CHAPTER 2 - The Commission › Section 14101.

14101. The term of each commissioner shall be four years. A commissioner shall hold office until his successor shall be appointed and qualified but such successor’s term shall expire four years from the legal date of expiration of the term of his predecessor. Any commissioner may be removed from office by the Governor upon charges and after a hearing. The term of any commissioner who ceases to hold the qualifications required shall terminate when a successor may be duly appointed. Vacancies occurring in the office of a commissioner from any reason or cause shall be filled for the unexpired term in the same manner as for a full term appointment.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 11 - PACIFIC MARINE FISHERIES COMPACT › CHAPTER 2 - The Commission › Section 14102.

14102. Each commissioner who is not also a state officer shall receive one hundred dollars ($100) for each day performing official duties pursuant to the direction of the commission, and each commissioner shall receive actual and necessary travel expenses incurred in performing official duties on behalf of the commission.
(Amended by Stats. 2015, Ch. 154, Sec. 116. (AB 1527) Effective January 1, 2016.)
2023 California Code › Fish and Game Code - FGC › DIVISION 11 - PACIFIC MARINE FISHERIES COMPACT › CHAPTER 2 - The Commission › Section 14103.

14103. All officers of the State are authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the compact in every particular. The policy of this State is to perform and carry out the compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the State Government or administration of the State are hereby authorized and directed at convenient times and upon request of the commission to furnish the commission with information and data possessed by them and to aid the commission by any means lying within their legal rights.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 11 - PACIFIC MARINE FISHERIES COMPACT › CHAPTER 2 - The Commission › Section 14104.

14104. The commission shall keep accurate accounts of its activities and shall report to the Governor and the Legislature on or before the thirty-first day of December in each year, setting forth in detail the transactions conducted by it during that calendar year and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes which may be necessary to carry out the intent and purposes of the compact between the signatory states.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 11 - PACIFIC MARINE FISHERIES COMPACT › CHAPTER 2 - The Commission › Section 14105.

14105. When the Governor on behalf of the State executes the compact, he shall attach his signature thereto under a recital that such compact is executed pursuant to the provisions thereof, subject to the limitations and qualifications contained in the sections of this division in aid and furtherance thereof.
(Enacted by Stats. 1957, Ch. 456.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 1 - General Provisions › Section 15000.

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 this code relating to commercial fishing, harvesting, processing, and marketing.
(b) Except as provided in Sections 15005, 15200, 15201, and 15202, the business of aquaculture processing, distribution, and marketing is administered by the Secretary of Food and Agriculture.
(c) The director may enter into an agreement with the Secretary of Food and Agriculture for the resolution of any conflict that arises under subdivision (b).
(d) Any costs incurred by the department in implementing Sections 15005, 15200, 15201, and 15202 shall be recovered pursuant to this division.
(Amended by Stats. 1995, Ch. 810, Sec. 4. Effective January 1, 1996.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 1 - General Provisions › Section 15001.

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 person’s successor in interest.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 1 - General Provisions › Section 15003.

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 sold. The fees, if imposed, shall be set at amounts necessary to defray the costs of the commission and the department in administering this division. However, the fees, if any, may not exceed the rates as provided in Section 8051.
(b) The price per pound shall be based on the whole product weight or its equivalent as taken by the lessee.
(c) The fee imposed by this section shall be paid monthly to the department within 30 days after the close of each month. If not paid within 60 days after the close of the month in which it is due, a 10 percent penalty shall be paid.
(Amended by Stats. 2017, Ch. 26, Sec. 37. (SB 92) Effective June 27, 2017.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 1 - General Provisions › Section 15004.

15004. Aquaculturists operating under this division shall 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.
(Amended by Stats. 2022, Ch. 307, Sec. 1. (SB 1392) Effective January 1, 2023.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 1 - General Provisions › Section 15005.

15005. (a) When necessary for the protection of native wildlife, the commission may regulate the transportation, purchase, possession, and sale of specific aquaculture products as provided for in this section.
(b) The commission may determine that aquaculture products shall be accompanied by a document containing any of the following information:
(1) The name, address, and registration number of the aquaculture producer.
(2) The species.
(3) The weight, volume or count within the container.
(4) The date of the shipment.
(5) The name and address of the intended receiver.
(c) The commission may require that certain aquaculture products shall be additionally identified as being aquaculture produced, except for the following:
(1) Trout.
(2) Catfish.
(3) Kelp and aquatic plants.
(4) Frogs and amphibia.
(5) All bivalve mollusks (except little neck clams).
(6) All members of the family Centrarchidae.
(7) Crayfish.
(8) Sea urchins.
(9) Shrimp and fresh water prawns.
(10) Crab.
(Amended by Stats. 1983, Ch. 1300, Sec. 19.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 1 - General Provisions › Section 15006.

15006. 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.
(Added by Stats. 1983, Ch. 131, Sec. 20. Effective June 27, 1983.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 1 - General Provisions › Section 15007.

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 the family Salmonidae, transgenic fish species, or any exotic species of finfish. Except as authorized pursuant to subdivision (d), it is unlawful to spawn, incubate, or cultivate any transgenic species of finfish belonging to the family Salmonidae in this state. This section does not apply to salmon or steelhead trout reared from native California stocks that are propagated and cultured for either of the following:
(1) Research conducted by, or on behalf of, the department.
(2) Release into ocean waters for the purpose of recovery, restoration, or enhancement of California’s native salmon and steelhead trout populations pursuant to Chapter 8 (commencing with Section 6900) of Part 1 of Division 6.
(b) Nothing in this section authorizes artificial propagation, rearing, or stocking of transgenic freshwater and marine fishes, invertebrates, crustaceans, or mollusks.
(c) Research or experimentation for the commercial production of transgenic salmonids is prohibited.
(d) (1) Medical or scientific research conducted on transgenic finfish species by accredited California academic institutions or private entities for research only and not for commercial production may be authorized pursuant to a permit issued by the department pursuant to Section 671 of Title 14 of the California Code of Regulations, as that section read on May 14, 2003.
(2) At a minimum, research activities conducted pursuant to this subdivision shall be conducted in a closed system that has eliminated the risk of escape of transgenic finfish species and any potential disease they may transmit.
(3) A permit application applied for pursuant to this subdivision shall include a research plan specifying the objectives and goals of the proposed research.
(4) Nothing in this subdivision shall be construed to require the disclosure of proprietary information.
(e) The department shall notify the Joint Committee on Fisheries and Aquaculture and the commission upon receipt of a permit application applied for pursuant to subdivision (d) at least 30 days prior to the approval or disapproval of the permit.
(f) As used in this section, the following definitions shall apply:
(1) “Exotic species” means a fish that is not native to California waters and that does not currently exist as a viable population in a wild condition in the state.
(2) “Transgenic” has the same meaning as in Section 1.92 of Title 14 of the California Code of Regulations, as that section read on May 14, 2003.
(Amended by Stats. 2014, Ch. 444, Sec. 3. (AB 504) Effective January 1, 2015.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 1 - General Provisions › Section 15008.

15008. (a) The department shall, in consultation with the Aquaculture Development Committee, 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 following conditions are met:
(1) Funds are appropriated to the department for this purpose.
(2) Matching funds are provided by the aquaculture industry. For the purpose of this section, “matching funds” include, but are not limited to, any funds expended by the aquaculture industry before January 1, 2006, for the preparation of a programmatic environmental impact report.
(b) If the final programmatic environmental impact report is prepared pursuant to subdivision (a) for coastal marine finfish aquaculture projects and approved by the commission under the California Environmental Quality Act set forth in Division 13 (commencing with Section 21000) of the Public Resources Code, the report shall provide a framework for managing marine finfish aquaculture in an environmentally sustainable manner that, at a minimum, adequately considers all of the following factors:
(1) Appropriate areas for siting marine finfish aquaculture operations to avoid adverse impacts, and minimize any unavoidable impacts, on user groups, public trust values, and the marine environment.
(2) The effects on sensitive ocean and coastal habitats.
(3) The effects on marine ecosystems, commercial and recreational fishing, and other important ocean uses.
(4) The effects on other plant and animal species, especially species protected or recovering under state and federal law.
(5) The effects of the use of chemical and biological products and pollutants and nutrient wastes on human health and the marine environment.
(6) The effects of interactions with marine mammals and birds.
(7) The cumulative effects of a number of similar finfish aquaculture projects on the ability of the marine environment to support ecologically significant flora and fauna.
(8) The effects of feed, fish meal, and fish oil on marine ecosystems.
(9) The effects of escaped fish on wild fish stocks and the marine environment.
(10) The design of facilities and farming practices so as to avoid adverse environmental impacts, and to minimize any unavoidable impacts.
(Added by Stats. 2006, Ch. 36, Sec. 3. Effective January 1, 2007.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 2 - Aquaculture Development Section › Section 15100.

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) Promote understanding of aquaculture among public agencies and the general public.
(b) Propose methods of reducing the negative impact of public regulation at all levels of government on the aquaculture industry.
(c) Provide information on all aspects of regulatory compliance to the various sectors of the aquaculture industry.
(d) Provide advice to the owner of a registered aquaculture facility on project siting and facility design, as necessary, to comply with regulatory requirements.
(e) Coordinate with the Aquaculture Development Committee regarding the duties described in subdivisions (a) to (d), inclusive.
(Amended by Stats. 2013, Ch. 76, Sec. 64. (AB 383) Effective January 1, 2014.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 2 - Aquaculture Development Section › Section 15101.

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.
(2) The species grown.
(3) The location or locations of each operation or operations.
(b) The department may provide registration forms for this purpose, may establish a procedure for the review of the information provided to ensure that the operation will not be detrimental to native wildlife, and shall impose a registration fee of eight hundred dollars ($800) to recover the cost of reviewing new registrations. For renewing registrations, the department shall impose a registration fee of five hundred dollars ($500). It is unlawful to conduct aquaculture operations or to culture approved species of aquatic plants and animals unless registered under this section. The registration fees specified in this section are applicable to the 2013 registration year and shall be adjusted annually thereafter pursuant to Section 713.
(c) The annual registration of information required by subdivision (a) is not a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Amended (as amended by Stats. 2022, Ch. 307, Sec. 2) by Stats. 2023, Ch. 876, Sec. 19. (SB 500) Effective January 1, 2024. Repealed as of January 1, 2025, by its own provisions. See later operative version, as amended by Sec. 20 of Stats. 2023, Ch. 876.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 2 - Aquaculture Development Section › Section 15101.

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.
(2) The species grown.
(3) The location or locations of each operation or operations.
(b) The department may provide registration forms for this purpose, may establish a procedure for the review of the information provided to ensure that the operation will not be detrimental to native wildlife, and shall impose a registration fee of five hundred forty-nine dollars ($549) to recover the cost of reviewing new registrations. For renewing registrations, the department shall impose a registration fee of two hundred seventy-five dollars ($275). It is unlawful to conduct aquaculture operations or to culture approved species of aquatic plants and animals unless registered under this section. The registration fees specified in this section are applicable to the 2004 registration year and shall be adjusted annually thereafter pursuant to Section 713.
(c) The annual registration of information required by subdivision (a) is not a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(d) This section shall become operative on January 1, 2025, at which time the registration fees specified in this section shall be adjusted pursuant to subdivision (b) as if this section had not been inoperative.
(Amended (as amended by Stats. 2022, Ch. 307, Sec. 3) by Stats. 2023, Ch. 876, Sec. 20. (SB 500) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 2 - Aquaculture Development Section › Section 15102.

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 native wildlife.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 2 - Aquaculture Development Section › Section 15103.

15103. (a) In addition to the fees specified in Section 15101, a surcharge fee of six hundred dollars ($600) shall be paid at the time of registration by the owner of an aquaculture facility if the gross annual sales of aquaculture products of the facility during the prior calendar year exceed twenty-five thousand dollars ($25,000).
(b) Each owner of a registered aquaculture facility shall maintain sales and production records that shall be made available upon request of the department to assist the department in the administration of this chapter.
(c) Any person who fails to pay the surcharge fee required in this section at the time of registration shall be assessed a delinquency penalty pursuant to Section 15104.
(d) The surcharge imposed pursuant to this section shall be applicable to the 2013 registration year and shall be adjusted annually thereafter pursuant to Section 713.
(e) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Amended (as amended by Stats. 2022, Ch. 307, Sec. 4) by Stats. 2023, Ch. 876, Sec. 21. (SB 500) Effective January 1, 2024. Repealed as of January 1, 2025, by its own provisions. See later operative version, as amended by Sec. 22 of Stats. 2023, Ch. 876.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 2 - Aquaculture Development Section › Section 15103.

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 owner of an aquaculture facility if the gross annual sales of aquaculture products of the facility during the prior calendar year exceed twenty-five thousand dollars ($25,000).
(b) Each owner of a registered aquaculture facility shall maintain sales and production records that shall be made available upon request of the department to assist the department in the administration of this chapter.
(c) Any person who fails to pay the surcharge fee required in this section at the time of registration shall be assessed a delinquency penalty pursuant to Section 15104.
(d) The surcharge imposed pursuant to this section shall be applicable to the 2004 registration year and shall be adjusted annually thereafter pursuant to Section 713.
(e) This section shall become operative on January 1, 2025, at which time the surcharge fee specified in this section shall be adjusted pursuant to subdivision (d) as if this section had not been inoperative.
(Amended (as amended by Stats. 2022, Ch. 307, Sec. 5) by Stats. 2023, Ch. 876, Sec. 22. (SB 500) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 2 - Aquaculture Development Section › Section 15104.

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 one calendar month of the commencement of business, or, for renewal of registration, on or before April 1 of the registration year, the fees are delinquent.
(b) A penalty shall be paid at the time of registration for any fees that are delinquent in the amount of one hundred fifty dollars ($150).
(c) The penalty imposed pursuant to subdivision (b) shall be applicable to the 2013 registration year, and shall be adjusted thereafter pursuant to Section 713.
(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Amended (as amended by Stats. 2022, Ch. 307, Sec. 6) by Stats. 2023, Ch. 876, Sec. 23. (SB 500) Effective January 1, 2024. Repealed as of January 1, 2025, by its own provisions. See later operative version, as amended by Sec. 24 of Stats. 2023, Ch. 876.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 2 - Aquaculture Development Section › Section 15104.

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 one calendar month of the commencement of business, or, for renewal of registration, on or before April 1 of the registration year, the fees are delinquent.
(b) A penalty shall be paid at the time of registration for any fees that are delinquent in the amount of fifty dollars ($50).
(c) The penalty imposed pursuant to subdivision (b) shall be applicable to the 2005 registration year, and shall be adjusted thereafter pursuant to Section 713.
(d) This section shall become operative on January 1, 2025, at which time the penalty specified in this section shall be adjusted pursuant to subdivision (c) as if this section had not been inoperative.
(Amended (as amended by Stats. 2022, Ch. 307, Sec. 7) by Stats. 2023, Ch. 876, Sec. 24. (SB 500) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 2 - Aquaculture Development Section › Section 15105.

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 Preservation Fund and shall be expended solely on the department’s aquaculture program pursuant to this division.
(b) Notwithstanding Section 13220, these moneys are available for appropriation by the Legislature in the annual Budget Act for purposes of this division.
(c) The department shall maintain internal accountability necessary to ensure that all restrictions on the expenditure of these funds are met and shall provide an accounting of the aquaculture program account balance and expenditures upon request of the Aquaculture Development Committee, the commission, or the Joint Committee on Fisheries and Aquaculture.
(d) Revenues pursuant to this chapter may be used only to pay the costs incurred in the administration and enforcement of the department’s aquaculture program.
(e) (1) The department shall prepare and submit to the Legislature on or before February 1, 2022, and every five years thereafter, a report regarding the aquaculture program undertaken using revenues derived pursuant to that program, the benefits derived, and its recommendations for revising the aquaculture program requirement, if any.
(2)  As part of the report required by this subdivision, the department shall analyze the fees and taxes authorized by this division to ensure that the amount of the appropriate fee or tax is sufficient to fully fund the aquaculture program. The department may undertake this analysis more frequently than every five years.
(f) A report to be submitted pursuant to subdivision (e) shall be submitted in compliance with Section 9795 of the Government Code.
(Amended by Stats. 2022, Ch. 307, Sec. 8. (SB 1392) Effective January 1, 2023.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 3 - Stocking Aquatic Organisms › Section 15200.

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 are registered for those species does not require a permit.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 3 - Stocking Aquatic Organisms › Section 15201.

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 shall deny the permit if there is evidence that water quality and potential disease transfers will be adverse to the established hatchery.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 3 - Stocking Aquatic Organisms › Section 15202.

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 species that are found to be native or that are stocked by the state in a location where prohibition is contemplated.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 4 - Brood Stock Acquisition › Section 15300.

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 registered aquaculturist.
(c) The department.
(d) Imported sources authorized by Chapter 7 (commencing with Section 15600).
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 4 - Brood Stock Acquisition › Section 15301.

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 the administrative cost to the department for the collection or sale of the plants or animals. The commission shall set this price.
(b) Aquatic plants and animals may be collected by a registered aquaculturist only with the written approval of the department. The department may specify the time, place, and manner of collection and may collect a fee from the aquaculturist in an amount sufficient to cover the cost of processing the approval.
(c) Notwithstanding subdivision (a), the fee for collecting sturgeon or striped bass broodstock shall be five hundred dollars ($500).
(Amended by Stats. 1992, Ch. 701, Sec. 47. Effective September 15, 1992. Operative January 1, 1993, by Sec. 72 of Ch. 701.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15402.

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. The lessee has the exclusive right to cultivate and harvest the aquatic organisms in the area leased.
(Amended by Stats. 1983, Ch. 131, Sec. 21. Effective June 27, 1983.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15403.

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 information:
(a) A map showing the area to be leased, its general vicinity, and all ownership and boundary lines in the vicinity.
(b) A description of the organisms to be grown and the culture techniques to be used.
(c) An estimate of the acreage to be leased.
(d) A nonrefundable filing fee of five hundred dollars ($500).
The lessee shall assume responsibility for any infringement on privately owned water bottoms, or water bottoms owned by, or under the jurisdiction of any city, county, or district.
(Amended by Stats. 1990, Ch. 1706, Sec. 18.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15404.

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 the area is being considered for leasing.
(b) The commission shall have legal notices published in a newspaper of general circulation in each county where the water bottom, or any part thereof, is located, describing the area to be leased and the type of operation to be conducted. The publication shall comply with Sections 6060 and 6066 of the Government Code.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15405.

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 lease for marine finfish aquaculture shall not exceed 10 years.
(Amended by Stats. 2006, Ch. 36, Sec. 5. Effective January 1, 2007.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15406.

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 the lessee is still actively engaged in aquaculture, as determined by the commission, the lessee shall have a prior right to renew the lease on terms agreed upon between the commission and the lessee. If terms are not agreed upon, the commission shall advertise for bids on the lease. If a request for renewal is not made by the lessee, the commission shall advertise for bids on the lease. The commission shall consider bids only from aquaculturists registered pursuant to Section 15101.
(b) Notwithstanding subdivision (a), with respect to any lease of state water bottoms in effect on January 1, 1983, the lessee shall have a prior right to renew the lease. If the lessee does not renew the lease, the commission shall advertise for bids on the lease. The commission shall consider bids only from aquaculturists registered pursuant to Section 15101.
(c) Except as specified in subdivision (d), a lease may be renewed for additional periods not to exceed 25 years each.
(d) A lease for marine finfish aquaculture may be renewed for additional periods not to exceed five years each.
(Amended by Stats. 2006, Ch. 36, Sec. 6. Effective January 1, 2007.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15406.5.

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 minimum annual rent established by the commission, which shall not be less than two dollars ($2) per acre, for all species cultivated, unless the acreage applied for is 10 acres or less, in which case the minimum acceptable rent shall be ten dollars ($10) per acre. The annual rent for any lease in effect on January 1, 1983, for the cultivation of oysters shall be one dollar ($1) per acre until the expiration thereof. The commission may reject any or all bids for the lease of state water bottoms if it deems the rejection to be in the public interest.
(b) Fees for marine finfish aquaculture leases shall, at a minimum, be sufficient to pay for the costs of administering the marine finfish leasing program, and for monitoring and enforcing the terms of the leases.
(Amended by Stats. 2006, Ch. 36, Sec. 7. Effective January 1, 2007.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15406.7.

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 packed gallon, or fraction thereof, of shucked oysters harvested by the lessee.
(b) If the oysters are marketed in the shell, the tax shall be based on the equivalent yield of shucked oyster meat. In determining the yield of oysters, it shall be deemed that 100 oysters are equivalent to one packed gallon of shucked oyster meat.
(c) The tax imposed by this section is the exclusive privilege tax that shall be imposed on lessees of state water bottoms for oyster cultivation, notwithstanding subdivision (a) of Section 15003.
(Amended by Stats. 1992, Ch. 701, Sec. 48. Effective September 15, 1992. Operative January 1, 1993, by Sec. 72 of Ch. 701.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15407.

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 may establish penalty fees for late payment and may cancel the lease if rent is not paid within 90 days of the commencement of the lease or within 90 days of any anniversary thereof.
(Amended by Stats. 1983, Ch. 131, Sec. 27. Effective June 27, 1983.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15408.

15408. The commission shall promulgate regulations governing the termination of leases due to failure to pay rent or improper use of the leasehold.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15409.

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 its original condition. If the lessee fails to remove the structures, the state may remove them and the lessee shall pay the removal costs incurred.
(b) The commission shall require financial assurances of each marine finfish aquaculture lessee to ensure that restoration is performed to the satisfaction of the commission. Financial assurances may take the form of surety bonds executed by an admitted surety insurer, irrevocable letters of credit, trust funds, or other forms of financial assurances specified by the commission, as it determines are available and adequate to ensure the lease site is restored pursuant to this section.
(c) Marine finfish aquaculture lessees shall be responsible for any damages caused by their operations, as determined by the commission, including, but not limited to, reimbursement for any costs for natural resource damage assessment.
(d) Nothing in this section limits the state in pursuing additional remedies authorized by law.
(Amended by Stats. 2006, Ch. 36, Sec. 8. Effective January 1, 2007.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15410.

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 increase in rent shall be applicable to an existing lease until it is renewed.
(Amended by Stats. 1983, Ch. 131, Sec. 28. Effective June 27, 1983.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15411.

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. The lessee may, however, limit public access to the extent necessary to avoid damage to the leasehold and the aquatic life culture therein.
The commission may prohibit any recreational activity in any aquaculture area subject to a state water bottom lease if it determines that the activity is detrimental to the enhancement of the resource.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15412.

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 requirements for an original lease.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15413.

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 of the lessee, or willfully destroy the cultivated aquatic life or any markers intended to designate the boundaries and limits of the leased area.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 5 - Leasing of State Water Bottoms › Section 15415.

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 all leases executed, renewed, or assigned pursuant to this chapter, and shall furnish the State Lands Commission with such information concerning these leases that it may require.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 6 - Disease Control › Section 15500.

15500. Upon the recommendation of the department and after consultation with the Aquaculture Disease Committee created pursuant to this chapter, the commission shall compile 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.
(Amended by Stats. 1983, Ch. 1300, Sec. 21.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 6 - Disease Control › Section 15501.

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 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.
(Amended by Stats. 1983, Ch. 1300, Sec. 22.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 6 - Disease Control › Section 15502.

15502. The director, in consultation with the Aquaculture Industry Advisory Committee and the Interagency Committee for Aquaculture Development, shall 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. Members of the committee shall serve without compensation, but shall be paid their necessary expenses.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 6 - Disease Control › Section 15503.

15503. The Aquaculture Disease Committee may recommend regulations to the commission designed to safeguard wild and cultured organisms from the list of harmful organisms compiled pursuant to Section 15500.
(Amended by Stats. 1983, Ch. 1300, Sec. 23.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 6 - Disease Control › Section 15504.

15504. Regulations recommended under Section 15503 and adopted by the commission may include all of the following:
(a) Routine monitoring procedures.
(b) Standardized diagnostic procedures.
(c) A requirement for the confirmation of the diagnosis by the state through at least one other independent and qualified laboratory.
(d) Criteria for ordering quarantine, condemnation, or destruction.
(e) A stated maximum time period between diagnosis and destruction.
(f) Methods to be employed in animal destruction and facility cleanup.
(g) Procedures for determining fair and rapid compensation.
(h) Any other related procedures that the commission may determine are necessary.
(Amended by Stats. 1983, Ch. 1300, Sec. 24.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 6 - Disease Control › Section 15505.

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 Committee and consistent with the regulations adopted under Section 15504, deems to be detrimental to the aquaculture industry or to wild stocks of aquatic plants and animals, the director may do any of the following:
(a) Establish the area to be quarantined and list the aquatic plants and animals affected by it.
(b) Post notices describing, as nearly as possible, the boundaries of an area within which specific disease or parasite infestations are found. Notices posted pursuant to this subdivision shall be published once a week for four successive weeks in a newspaper of general circulation in the county in which the infected area is located. If there is no newspaper of general circulation in that county, then the notice shall be published in a newspaper of general circulation published in an adjoining county.
(c) Hold and impound diseased or parasitized plants and animals.
(d) Forbid, prevent, or restrict the movement of all plants and animals subject to the disease or parasite from or into the area, or from place to place within it, during the existence of the quarantine.
(e) Order the destruction and disposal of diseased or parasitized plants and animals consistent with Section 15504.
(Amended by Stats. 1983, Ch. 1300, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 6 - Disease Control › Section 15506.

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 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.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 6 - Disease Control › Section 15507.

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 wild stocks, infected plants or animals in a private aquaculture facility shall not be quarantined or destroyed unless similar action is taken with respect to the government facility and wild stocks.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 6 - Disease Control › Section 15508.

15508. Reports of those diseases and parasites compiled pursuant to Section 15500 shall be immediately forwarded by the director to the Aquaculture Disease Committee and shall be promptly investigated by the department.
(Amended by Stats. 1983, Ch. 1300, Sec. 26.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 6 - Disease Control › Section 15509.

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 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 pursuant to Section 15505 are properly cleaned and disinfected.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 6 - Disease Control › Section 15510.

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 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, and the importation of aquatic plants or animals from the state, territory, or foreign country may transmit, carry, or disseminate the disease to domestic plants and animals within this state, the director shall notify the commission which may, after consulting the State Department of Health Services and the Department of Food and Agriculture, issue a regulation restricting or prohibiting the importation of the diseased or infected aquatic plants or animals into this state from any other state, territory, or foreign country.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 6 - Disease Control › Section 15512.

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 shall be promptly paid from the General Fund an amount equal to 75 percent of the replacement value of the plants or animals, less the value determined by the department of any replacement stock provided by the department under subdivision (b). If the replacement value is not settled between the owner and the department, the replacement value shall be determined by an appraiser appointed by the director and an appraiser appointed by the owner. Appraiser’s fees shall be paid by the appointing party. Disputes between these two appraisers shall be submitted to arbitration under the Commercial Arbitration Rules of the American Arbitration Association.
(b) If the department provides replacement stock to an aquaculturist whose plants or animals are destroyed pursuant to subdivision (e) of Section 15505, the amount to be paid to the aquaculturist pursuant to this section shall be reduced by the value of the replacement stock, as determined by the department.
(c) The result of the arbitration or the amount settled between the owner and the department, reduced by the value determined by the department of any replacement stock provided under subdivision (b), may be submitted as a claim by the owner to the Department of General Services pursuant to Section 15513.
(Amended by Stats. 2023, Ch. 132, Sec. 224. (AB 1760) Effective January 1, 2024.)
2023 California Code › Fish and Game Code - FGC › DIVISION 12 - AQUACULTURE › CHAPTER 6 - Disease Control › Section 15514.

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 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 or finds the claimant willfully violated any provision of Section 15505.
(Added by Stats. 1982, Ch. 1486, Sec. 25.)