Not legal for pond/lake stocking of unlicensed hobbyists/private owners. Must be a licensed aquaculture facility.
§671.7. Permit Requirements for Aquaculture and Fish.
All persons who apply for or have an Aquaculture permit (subsection 671.1(b)(2)) or a Fish permit (subsection
671.1(b)(12)) are subject to the following requirements and conditions. Aquatic species importations operating under these permits do not require the importation permit specified in Section 236.
(a) Definitions.
(1) “Closed-water system” is defined as a closed system or systems that treats holding water and sediments sufficiently to ensure against the release of live organisms, including parasites, pathogens and viruses, into the waters of the state. For purposes of this section, municipal treated sewage systems are not considered waters of the state.
(2) “Terminal” market is defined as a retail sale location holding live restricted species aquaculture product for human consumption following the sales requirements of subsection 671.7(g).
(b) General Requirements.
(1) All live restricted species shall be held, raised, and transported in closed-water systems. The departmentmay inspect these systems at any time to determine if they are adequate for the specific restricted species being held.
(2) Facilities and transport systems must be designed so that biosecurity is maintained in the case of failure of the primary containment system.
(3) Access to facilities and transport systems containing restricted species shall be restricted through means determined to be adequate by the department to assure against unauthorized removal of restricted species.
(4) Co-mingling or hybridization of restricted and non-restricted species is prohibited unless authorized by the
department. If restricted species are co-mingled or hybridized with non-restricted species, all such animals shall
be considered restricted species for the purpose of these regulations. Such co-mingled restricted species that can be individually identified as non-restricted and that can be separated from the restricted species may be exempt from this provision with prior department approval.
(5) Every restricted species permittee shall have a written Emergency Action Plan readily available and posted in a conspicuous place in the event of an escape or a containment failure involving a restricted species.
(A) The Emergency Action Plan shall be titled, with a revision date, updated annually and include, but is not limited to the following:
1. Written plan of action for emergencies including a description of emergencymeasures in the event of a containment failure.
2. List of the re-capture and mobile transport equipment available and where they are located, including but not limited to nets and temporary containers.
3. List of emergency telephone numbers that includes the local department regional office and other contacts as specified on the permit.
(B) Permittees are responsible for the capture and for the costs incurred by the department related to capture of escaped animals or a containment failure.
(6) Aquaculture and Fish permits are subject to the department’s authority to deny, suspend, or revoke a permit
pursuant to subsection 671.1(c), but the departmentmay also suspend or amend any Aquaculture or Fish permit if the department determines that additional permit conditions are necessary to mitigate or avoid unexpected adverse impacts to natural resources arising from the permitted activities.
(c) Permit Application Requirements. The following information shall accompany an application for each new restricted
species permit, amendment of an existing permit, or renewal:
(1) New Applicants and Permittees Requesting Amendments.
(A) An inventory of all restricted species requested including the common and scientific name of each species, and the weight, volume, or count of each species.
(B) A written statement detailing the type of business that will be conducted with the restricted aquaculture species requested.
(C) A copy of the applicant’s current aquaculture registration issued by the department, if a restricted species aquaculture permit is being requested.
(D) A copy of their Emergency Action Plan.
(2) Renewals.
(A) An inventory of all restricted species presently held at their facility including the common and scientific name of the each species, and the weight, volume, or count of each species.
(B) The permittee shall provide the following informational report to the department:
1. the weight, volume or count of all restricted species imported under their restricted species permit in the past year;
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2. the weight, volume or count of all restricted species sold and/or shipped under their restricted species permit in the past year;
3. the weight, volume or count of all restricted species produced under their restricted species permit in the past year (for Aquaculture permits only) and;
4. Any other information as specified in the permit.
(C) A written statement detailing the type of business that will be conducted with the restricted species requested. (D) A copy of the applicant’s current aquaculture registration issued by the department, if a restricted species
aquaculture permit is being requested. (E) A copy of their Emergency Action Plan.
(d) Importation of Live Aquatic Restricted Species.With the exception of those importations described in subsections
236(a), (b) and (c) of these regulations, restricted species listed in subsection 671(c) may be imported into the state only in accordance with the following terms and conditions:
(1) No importations of restricted species into the state may be made prior to the issuance of the importer’s restricted species permit.
(2) All importations of restricted species shall be accompanied by an invoice or bill of lading, showing the name and address of the producer, date of shipment, the common and scientific names of the species being transported, the weight, volume, or count of each species in the shipment, the name, address, and restricted species permit number of the intended receiver. A copy of the importer’s restricted species permit shall accompany each shipment.
(3) Source of restricted species is an authorized seller who has a good record of husbandry and health management, as determined by the department.
(4) Notification of each restricted species importation(s) shall reach the department regional office or other specified office by letter, fax, or telephone at least five days in advance of the importation date. Under special circumstances, the department may waive this five day notice requirement.
(5) All restricted species imported into California under these regulations may be inspected by the department at either the place of entry into the state or at another location as specified by the department. The person importing
restricted species may be required to provide facilities for inspection and sorting and shall be required to pay the
department inspection costs including salary and travel expenses of the inspector.
(e) Transportation of Live Aquatic Restricted Species within the State.
(1) Restricted species cannot be moved alive from an aquaculture or any holding facility unless specifically authorized in the restricted species permit issued by the department.
(2) All shipments of live restricted species by a permittee shall be accompanied by an invoice or bill of lading, showing the name and address of the permittee, date of shipment, the common and scientific name of the species being transported, the weight, volume, or count of each species in the shipment, the name, address, and restricted species permit number of the intended receiver. A copy of the shipper’s restricted species permit shall accompany each shipment. The contents of the shipment and all applicable documentation shall be immediately made available to the department upon request.
(3) Notification of restricted species shipment(s) shall reach the department regional office or other specified office by letter, fax, or telephone at least 48 hours in advance of the shipment date.
(4) Both the seller and intended receiver restricted species permittees shall retain a copy of the invoice, bill of lading or similar accountable document for three years and make it available to the department upon request.
(f) Sales by Restricted Species Permittees.
(1) Live restricted species may be sold by Aquaculture or Fish permittees if both the seller and buyer hold a restricted species permit issued by the department for the species being sold and only if the permit(s) specifically authorize live sales.
(2) All shipping containers of live restricted species shall be labeled as restricted aquaculture product unless specifically authorized differently in the restricted species permit issued by the department.
(3) All live or processed restricted species sold shall be accompanied by a sales invoice, showing the name and address of the permittee, the permittee's restricted species permit number, date of sale, the common and scientific name of the species, and the weight, volume, or count of each species sold. The restricted species and all applicable documents shall be immediatelymade available to the department upon request.
(4) No live restricted species shall be stocked in private, public or fish-for-fee facilities or released in the waters of the state.
(g) Terminal Market Sales.
(1) All restricted species sold or leaving the premises of a terminal market shall be dead and accompanied by a sales receipt showing the date of purchase and name of business where purchased or be packaged in accordance with subsection 240(c) of these regulations.
(2) It is unlawful for any person to allow any live restricted species to leave a terminal market or be released in the waters of the state.
§671.8. Inspection of Facilities.
(a) The department may approve an application prior to facilities being built, inspected and approved. The department shall not issue a restricted species permit until a determination that an applicant meets the qualifications to obtain a permit is verified, and the applicant's facility(ies) have been inspected by the department and the department
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determines that the applicant’s facility(ies) meets the minimum standards for humane care, treatment, and housing of wild animals.
(b) The applicant for a restricted species permit shall submit payment of the inspection fee to the department, as specified in Section 703, for the inspection of the applicant’s caging or holding facility(ies) and animal(s) each permit year.
(c) Every applicant shall submit to the department with the inspection fee, a current map of all enclosures housing restricted species in California listed on their inventory. Each enclosure shall be numbered both on the map and physically on the enclosure. The number on the enclosure should be a minimum of two inches high, permanently attached, and clearly visible for ease of identification. The map shall also include identification of the species residing
in the enclosure and the dimensions (Length xWidth x Height) of the enclosure for ease of identification. An enclosure is defined as the structure where a restricted species is confined. If a structure or enclosure is divided into more than one confined area, each area is considered a separate enclosure and shall be shown as a separate enclosure on the map. If an enclosure houses more than one species that co-exist, and is not divided, it shall be considered one enclosure.
(d) The department’s law enforcement staff may enter any place including, but not limited to, any holding facility, vehicle or vessel, where restricted species are kept or may be kept, to: inspect animals, facilities or animal equipment;
inspect, audit, or copy any permit, book or record required to be kept for such species; or to otherwise monitor or enforce compliance with state and federal statutes, and regulations adopted pursuant to state and federal statutes, related to restricted species. Inspections may be made at any time with or without prior notification.
(e) Types of Inspections.
(1) Initial.
a.Before the department issues a new restricted species permit to any resident applicant, the applicant shall arrange for an initial inspection of an applicant’s caging and holding facility(ies), as described in paragraphs (b) and (c), and arrange for another inspection after the animal(s) arrive.
b.Before the department issues a new permit to a nonresident applicant for exhibition purposes, the applicant shall arrange for an inspection of the facility(ies) prior to the applicant’s first performance at the first location listed on the Restricted Species Nonresident Exhibiting Permit Itinerary. The applicant shall not proceed with a performance, show, or appearance prior to submitting to, and passing, an inspection.
c.Before the department issues a new permit to a nonresident applicant for nonexhibition purposes, the applicant shall arrange for an initial inspection of an applicant’s caging and holding facilities, as described in paragraphs (b) and (c).
(2) Renewal.
a.Before the department renews a restricted species permit, the applicant shall pass an annual renewal inspection, based on the permit year, as described in paragraph (b).
b.Before the department renews a permit for a nonresident applicant, the applicant shall arrange for an inspection of the facility(ies) prior to the first performance at the first location listed on the Restricted Species Nonresident Exhibiting Permit Itinerary. The applicant shall not proceed with a performance, show, or appearance prior to submitting to and passing an inspection and receiving a permit.
c.Before the department renews a permit to a nonresident for non-exhibiting purposes the applicant shall pass an annual renewal inspection based on the permit year as described in paragraph (b).
(3) Amendment. Prior to an amendment of an existing permit, the permittee shall notify the department and provide
photo documentation of the enclosure that includes all required elements of the minimum standards as specified in 671.3. If the amendment is approved, the permittee may add the species to their inventory. Upon renewal, the permittee shall include the new amended species and enclosure information.
(f) Re-inspection. If the department identifies a non-compliant item or violation during an inspection, as described in
paragraphs (1), (2) and (3), the departmentmay require that the applicant/permittee provide for one or more additional inspections within a specified time period at the applicant/permittee’s expense prior to issuing a permit or permit amendment.
(g) Research Entities as Eligible Local Entities. Applicants for research permits shall submit the annual research- detrimental species fee and the ELE/MOU fee to the department as specified in Section 703, and the department may enter into a memorandum of understanding (MOU) with the applicant as an eligible local entity (ELE) to inspect facilities. With annual renewal and the annual ELE/MOU renewal fee paid, an MOU may be valid for up to five permit years, at which time, a new MOU will be required. Until the department enters into an MOU, a research facility shall submit an annual statement from a USDA accredited veterinarian certifying that the animals and their housing have been inspected at least twice during the year, at six month intervals, and that the animals are being cared for and housed in accordance
with applicable requirements in subsections 671.1(a)(8)(A)-(F), and sections 671.2 through 671.4 to satisfy the inspection
requirement.
