Cal. Code Regs. tit. 14 § 135

Current through Register 2024 Notice Reg. No. 42, October 18, 2024

Section 135 - Transportation, Possession and Sale of Imported Sturgeon, Striped Bass, Steelhead Trout and Shad

All imported sturgeon, striped bass, steelhead trout and shad shall be imported, transported, possessed and sold as provided in this section. This section applies to fish commercially taken out-of-state and not to those species grown or imported live by registered aquaculturists in this state.

(a) At least 12-hour prior notice by the shipper or consignee of each shipment of such fish shall be provided to the department's regional office nearest the consignee during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.).

(b) Such fish must be accompanied by a bill of lading, waybill, invoice or similar accountable document showing the place of origin of the shipment, the name and address of the consignee and a listing of all fish by species, total weight and tag number.

(c) The consignee shall retain a copy of the bill of lading or similar accountable document for one year and make it available to the department upon request.

(d) All dead fish or parts thereof, may be imported, transported, or sold within the state in any form but shall be either:

(1) Packaged in sealed containers or boxes. Each container or box shall be clearly labeled showing a description of the contents and an identification of the shipper; or

(2) Tagged with consecutively numbered cinch-up vinyl plastic spaghetti tags with a legend showing the name of the shipper along with the city and state of origin. The tag sequence shall be present on all invoices and waybills. Reusable tags may not be possessed in the State of California. When tags are removed from the fish they must be destroyed by cutting through that portion of the tag which contains the name of the shipper and the tag number; or

(3) Clearly marked, using liquid nitrogen and a metal brand, with an "A," 1/2 inch square, posterior to the head, anterior to the dorsal fin and above the lateral line. All fish shall be marked when alive but may be killed prior to transport or sale.

(e) All live fish may be imported, transported or sold within the state in any form but shall be either tagged or marked as described in subsections (d)(2) or (d)(3).

(f) Fish tagged, marked and/or packaged under subsections (d) or (e) above may be reprocessed and repackaged or retagged by dealers possessing a Wholesale Fish Dealer's and Processor's License as provided by section 8040 of the Fish and Game Code as well as a revocable processing permit issued by the Wildlife Protection Branch of the department specifically for striped bass, sturgeon and steelhead trout and shad. The permit shall be issued on a calendar year basis, or part thereof. When transported for sale such fish or portions of fish shall meet the transportation requirements of subsections (b) and (c).

(g) No such fish may be possessed at a place where fish are sold unless packaged, marked or tagged in the manner described in subsections (d) or (e) except that operators or employees of retail stores, restaurants or other eating establishments may remove portions from packaged, marked or tagged fish when such portions are being displayed or prepared for actual sale to a consumer or for actual consumption on the premises.

(h) The permit issued pursuant to subsection (f) may be cancelled or suspended at any time by the department upon conviction of a violation of these regulations by a court of competent jurisdiction. Cancellation or suspension may be appealed to the commission. See subsection 699(b) of these regulations for the fee for this permit.

Cal. Code Regs. Tit. 14, § 135

1. New section filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43).
2. Repealer and new section filed 6-11-82; effective thirtieth day thereafter (Register 82, No. 24).
3. Amendment filed 4-1-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 14).
4. Amendment of subsection (a) filed 4-8-83; effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 14).
5. Amendment of subsection (a) filed 5-11-83; effective thirtieth day thereafter (Register 83, No. 20).
6. Amendment filed 3-1-84; effective upon filing pursuant to Government Code section 11346.2(d) (Register 84, No. 9).
7. Amendment of first paragraph and subsections (f) and (g) filed 3-4-86; effective thirtieth day thereafter (Register 86, No. 10).
8. Amendment of subsections (f) and (h) filed 4-18-91; operative 5-18-91 (Register 91, No. 21).

Note: Authority cited: Sections 1050, 2361, 2363, 7701, 7708, 8431, 15005 and 15600, Fish and Game Code. Reference: Sections 1050, 2353, 2361, 2363, 7700- 7703, 8371, 8431, 15005 and 15600- 15601, Fish and Game Code.