California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 1 - Fish, Amphibians and Reptiles › Chapter 9 - Aquaculture › Section 235.2 - Permit to Operate an Aquaculture Facility for Anadromous Fish on Davenport Landing Creek (Santa Cruz County)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Permits may be issued to operate a registered aquaculture
					 facility for anadromous fish under the following general terms and
					 conditions:
(a) Any permit issued
				  shall be on an experimental basis until its impact on the fishery resource can
				  be ascertained. These regulations shall be applicable only to the waters of
				  Davenport Landing Creek, contained within Santa Cruz County, until January 1,
				  1996, after which date these regulations and permit shall have no force or
				  effect.
(b) Persons desiring a
				  permit to operate an anadromous fish aquaculture facility on Davenport Landing
				  Creek shall file a request with the commission. Commission approval must be
				  obtained following a public hearing as required by section
				  15901
				  of the Fish and Game Code. If a permit is authorized by the commission, upon
				  payment of $100.00 a permit will be issued to the permittee by the Wildlife
				  Protection Division following notification by the commission.
(c) All fish released into the wild under
				  authority of any permit during the time they are in the wild will become the
				  property of the state and may be taken under the authority of a sport or
				  commercial fishing license.
(d)
				  Prior to release into state waters, fish may be examined by the department to
				  determine that they are not diseased or infected with any disease which, in the
				  opinion of the department, may be detrimental to the state fishery resources.
				  If such fish are found to be diseased or infected, they shall not be released
				  into state waters and shall be disposed of in accordance with department
				  instructions. Cost of such inspection shall be paid by the permittee.
(e) Importation of eggs or fish into the
				  state by permittee shall be in accordance with section
				  15600
				  of the Fish and Game Code and section
				  236(c) of these
				  regulations.
(f) Any liberation of
				  fish by permittee into state waters shall be approved in advance by the
				  department.
(g) The department may
				  require the permittee to mark specific numbers of fish prior to their release
				  into state waters. Any marks used by permittee to identify fish released into
				  state waters shall be approved in advance by the department.
(h) The permittee shall have the right to
				  trap and retain all fish returning to the stream; the department shall be
				  allowed to examine all fish trapped.
(i) All live fish being transported by the
				  permittee shall be in accordance with the provisions of sections
				  2270-
				  2273,
				  15005
				  and
				  15600
				  of the Fish and Game Code.
(j) All
				  dead fish being transported from facilities operated pursuant to this permit
				  shall be tagged or packaged in accordance with the provisions of section
				  238 of this title and with section
				  15005,
				  Fish and Game Code.
(k) Permittee
				  shall maintain accurate records on forms provided by the department. Copies of
				  these records will be forwarded to the department monthly, annually, and at
				  times determined by the department.
(l) If, after a hearing, the commission finds
				  that the operation described in the permit and conducted pursuant to this
				  section is not in the best public interest, the commission may alter the
				  conditions of the permit to mitigate such adverse effects, including but not
				  limited to the immediate suspension of operation under the permit.
(m) The permittee shall reimburse the
				  department for all actual costs incurred by the department in inspecting and
				  monitoring the permittee's operations.
(n) The permittee shall provide all necessary
				  security measures to protect fish at the rearing, release and trapping
				  facilities.
(o) Upon termination of
				  the permit, the permittee shall remove all structures and facilities placed in
				  the stream bed by the permittee and shall return the watercourse to its
				  original condition. In the event the permittee fails to do so, the state may
				  restore the site at the permittee's sole cost. The permittee shall post a
				  performance bond, signed by both the permittee and a corporate surety company,
				  in the amount of $15,000, to assure restoration of the premises to their
				  original condition and to assure compliance with all other provisions of this
				  permit.
1. Amendment
					 filed 12-2-85; effective thirtieth day thereafter (Register 85, No.
					 49).
2. Amendment of subsection (a) changing applicable date of
					 section from January 1, 1991, to January 1, 1996, filed 4-18-91; effective
					 5-18-91 (Register 91, No. 19). Section is inapplicable between January 1, 1991
					 and 5-18-91 by its own terms.
3. Changes without regulatory effect
					 amending subsections (b), (i), (l), and reference citation filed 4-18-91
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 19).
4. Amendment of subsection (b)
					 filed 4-18-91; operative 5-18-91 (Register 91, No.
					 21).
Note: Authority cited: Sections
						1050,
						15004,
						15005,
						15101,
						and
						15200,
						Fish and Game Code. Reference: Sections
						1050,
						2270-
						2273,
						15005,
						15200,
						15202,
						15900,
						15901,
						15903,
						15905,
						15906,
						and
						15907,
						Fish and Game Code.