Section 238 - Sale and Transportation of Aquatic Plants and AnimalsImportation of live aquatic plants and animals is governed by Section 236 of these regulations. Except as provided for by Section 236, aquaculture products may be sold or transported in this state only in accordance with the following general terms and conditions:
(a) All aquaculture products sold or transported under the provisions of this section must have been legally reared or imported by an aquaculturist registered in this state.(b) The following provisions apply to transactions of aquaculturists involving aquaculture products: (1) A registered aquaculturist may sell and transport live aquaculture products authorized by that registration to any other aquaculturist authorized to possess the same species.(2) All shipments of authorized aquaculture products shall be accompanied by a duplicate of a sales invoice or waybill showing the name of the producer, the producer's aquaculture registration number, date of shipment, the species being transported, the weight, volume or count of each species in the shipment, and the name and address of the consignee.(3) Duplicates of the required sale or shipping documents shall be retained by the producer, and by the shipper, if different from the producer, for a period of one year from the date of sale. The records shall be shown upon written demand by the director of the department. The information contained in these documents is confidential except that such information may be disclosed in accordance with a proper judicial order in cases or actions instituted for enforcement of this section or for prosecution of violations of this section.(c) A registered aquaculturist may sell and transport live those aquaculture products authorized by that registration to any of the following whose licenses or permits authorize the possession of the same live plants and animals for commercial purposes. Documents as described in Section 238(b)(2) shall accompany each shipment. Aquaculture products may not be stocked in any water of the state, except as provided for in Section 238.5 of these regulations. (1) Scientific or educational establishments;(2) Aquarium Dealer Permittees (See Section 227 of these regulations);(3) Live Freshwater Bait Fish Licensees (See Sections 200 through 200.31 of these regulations);(4) To any other legal purchaser or possessor for whom possession is legal.(d) The following provisions apply to the operator of any commercial establishment where aquaculture products are maintained alive for human consumption: (1) Under no condition shall these aquaculture products be stocked in any waters of this state.(2) The operator may transport live aquaculture products between aquaculture facilities, retail sales stores, and/or wholesale distribution points. Documents as described in Section 238(b)(2) shall accompany each shipment.(3) The operator shall retain copies of all sales invoices or waybills received with the products. Such invoices or waybills shall be retained by the operator for a period of at least one year following receipt of the aquaculture products listed thereon, and such invoices or waybills shall be produced upon request of an official of the department.(4) All aquaculture products, except live shellfish, sold and leaving the premises of the operator shall be killed and accompanied by a sales receipt showing the date of purchase and name of business where purchased or be packaged in accordance with Section 240 of these regulations.(e) Marking and Tagging Requirements. (1) Abalone. (A) All abalone produced by an aquaculturist registered pursuant to Section 15101 of the Fish and Game Code may be possessed, harvested, sold and transported, provided the abalone are identifiable as being cultivated or are packaged in sealed containers as provided for in Section 240 of these regulations. Such abalone are exempt from the size limits established by Section 8304 of the Fish and Game Code.
(B) Abalone which spend part of their life in marine waters of the state, other than while in an aquaculture facility, must have an identifying mark or tag approved by the Department, or be otherwise identified as a product of aquaculture by a method approved by the Commission. Such identifying mark or method must be approved, or a tag attached, prior to the abalone being placed in waters outside the aquaculture facility. For purposes of this section, the term "aquaculture facility" includes a hatchery, rearing facility, pen, cage or any similar structure or device.(C) Any person other than a registered aquaculturist processing cultured abalone at the wholesale level must possess a revocable processing permit for cultured abalone, as issued by the department.(f) Retail Sales of Aquaculture Products at an Aquaculture Facility. All aquaculture products sold at an aquaculture facility shall be dead at the time of sale except for: (1) Aquaculture products sold under the provisions of Sections 238(c), 238(d)(2), or 238.5 of these regulations. Aquaculture products sold under provisions of Section 238.5 of these regulations may be transported live and stocked as provided for by Section 238.5 of these regulations by retail customers. Documents as described in Section 238(b)(2) shall accompany each shipment, and records as described in Section 238(b)(3) shall be maintained by the aquaculturist and the retail customer.(2) Striped bass, hybrid striped bass, abalone, steelhead trout and sturgeon sold pursuant to the provisions of Section 240 of these regulations.(3) Aquaculture produced shellfish purchased at retail and taken from the aquaculture facility by the purchaser need only be accompanied by a sales receipt showing the name and aquaculture registration number of the producer, the item(s) and quantity purchased and the date of purchase. All other shipments of aquaculture products shall be accompanied by a sales invoice or waybill as provided in Section 238(b)(2) of these regulations.(4) Those freshwater bait fishes that would be legal for sale as live bait by a licensed Live Freshwater Bait Fish Dealer in the same sport fishing district or portion of sport fishing district in which the aquaculture facility is located (see Sections 4.10 through 4.30 and Sections 200.13 through 200.31 for legal live bait fishes).Cal. Code Regs. Tit. 14, § 238
1. New subsection (f)(4) filed 10-18-85; effective thirtieth day thereafter (Register 85, No. 42).
2. Amendment filed 7-25-88; operative 7-25-88 (Register 88, No. 32).
3. Amendment filed 7-24-91; operative 8-23-91 (Register 92, No. 8).
4. Amendment filed 2-8-94; operative 3-10-94 (Register 94, No. 6).
5. Amendment of subsection (e)(1)(B) filed 5-1-98; operative 5-31-98 (Register 98, No. 18). Note: Authority cited: Sections 1050, 6401, 7701, 8040, 15005, 15200, 15202 and 15400, Fish and Game Code. Reference: Sections 17, 1050, 6400- 6401, 7701- 7708, 8040, 8304, 8371, 8435, 8436, 15005, 15200, 15202 and 15400- 15415, Fish and Game Code.
1. New subsection (f)(4) filed 10-18-85; effective thirtieth day thereafter (Register 85, No. 42).
2. Amendment filed 7-25-88; operative 7-25-88 (Register 88, No. 32).
3. Amendment filed 7-24-91; operative 8-23-91 (Register 92, No. 8).
4. Amendment filed 2-8-94; operative 3-10-94 (Register 94, No. 6).
5. Amendment of subsection (e)(1)(B) filed 5-1-98; operative 5-31-98 (Register 98, No. 18).