Section 238.6 - Triploid Grass Carp StockingPursuant to Section 6450 of the Fish and Game Code, the department may issue permits to stock triploid grass carp.
(a) Purpose for Stocking. This section provides for the introduction of triploid grass carp, solely for the purpose of managing and controlling nuisance submerged aquatic plants. Triploid grass carp may only be stocked in waters approved by the department.(b) To Whom Issued. Triploid grass carp stocking permits may be issued to a person, organization, or agency, to control or eradicate nuisance submerged aquatic plants, only within those waters under their control. (1) Triploid grass carp stocking permits are not transferrable to persons, organizations, or agencies other than the permittee, except in the event that ownership of, or legal control over a water body named in the permit is transferred from the permittee to another person, organization, or agency. In this event, the permittee shall notify the department in writing within 10 (ten) days of the transaction. In addition, the permittee shall be responsible for informing the new owner of, or party assuming legal control over that water body, that triploid grass carp have been stocked therein. For the remaining term of the existing permit, said permit shall be transferred to the new owner of, or party assuming legal control over said water body, provided that said party agrees in writing to comply with the terms and conditions specified in this section. After expiration of the existing permit, the party assuming permittee status shall be required to renew the grass carp permit pursuant to subsection 238.6(e)(3)(B).(2) Grass carp programs approved by the department on or before June 1, 1995 shall be exempt from the provisions of this section. Such programs shall be allowed to continue operations under a Private Stocking Permit (Form FG 749-(revised 5/93)), provided that the permittee: furnishes proof that the site had prior approval under a program approved by the department on or before June 1, 1995.(c) Limitations. (1) No permits shall be issued to stock grass carp in any major drainage or water having an open freshwater connection to other waters of the state (e.g., streams, rivers, lakes, or reservoirs).(2) No permit shall be issued for grass carp introductions within the 100-year flood plain, as defined by the Federal Emergency Management Agency (FEMA), or local agency responsible for flood control, with the following exceptions: (A) Grass carp introductions may be permitted within closed basins, including that of the Salton Sea, subject to the conditions stated in subsections (c)(3) and (4), below.(B) Along the Colorado River and in basins where the 100-year flood plain zones have not been defined, permit approval shall be based upon department evaluations.(3) For water bodies open to public angling, or those located within residential-area golf courses, triploid grass carp introductions shall be limited to those waters which have been determined by the department to be secure from removal or escape of grass carp.(4) No permit shall be issued for grass carp introductions into waters inhabited by plants or animals designated as threatened, endangered, or species of special concern.(5) Only those grass carp which have been reared, held and transported in aquaculture facilities and equipment, inspected and certified by the department as being free of diseases and parasites may be stocked under the provisions of this section. In addition, the department shall: (A) restrict grass carp introductions to those grass carp that have been rendered sterile immediately after the eggs have been fertilized,(B) require individual fish to be checked to ensure that a third, triploid, set of chromosomes has been retained, preventing further reproduction by the individual fish,(C) limit aquatic plant pest control programs using grass carp to the use of sterile triploid grass carp with documented certification of triploidy to ensure sterility, and(D) inspect prospective grass carp aquaculture rearing facilities, holding facilities and transporters, to certify that they are free of diseases and parasites, and that they are secure from the escape of grass carp.(6) Each triploid grass carp shall be implanted with serially-numbered tags provided or approved by the department.(7) The department may limit the number and minimum size of triploid grass carp to be stocked in any proposed water. The number of triploid grass carp stocked may not exceed that specified on the permit, unless the permittee has obtained a department approved amendment to said permit.(8) Security measures acceptable to the department shall be in place before triploid grass carp may be introduced into permitted waters. Such devices may include, but are not limited to, the following: fenced enclosures, locked gates, controlled access, and bird netting.(9) Wherever barriers or screens are required to contain triploid grass carp within a proposed stocking site, the design for such structures must be approved by the department, and said structures shall be installed by the applicant prior to issuance of the Triploid Grass Carp Stocking Permit.(10) Prior to stocking, permittee shall post prominent notices at each stocking site declaring the penalties for unauthorized removal of triploid grass carp.(11) The permittee shall not place triploid grass carp in waters other than those specified in the permit.(d) Permits. (1) The term of the permit shall be one calendar year or remaining portion of the year.(2) An amendment to change permit conditions may be issued by the department at any time during the term of the permit upon written request by the permittee, provided that such changes are consistent with the provisions of this section.(3) The permittee shall retain a copy of the triploid grass carp stocking permit while grass carp are present in the permitted water. Said permit shall be available for presentation on request of any department employee.(4) The department shall deny an application to stock triploid grass carp in any water body, if such proposed stocking is inconsistent with the provisions of this section.(e) Application procedure. Applications shall be submitted on a form (Application for Triploid Grass Carp Stocking Permit for Aquatic Plant Management, FG 749-TGC (12/96), which is incorporated by reference herein) supplied by the department and may be filed with the department at any time. All applications shall be sent to the address indicated on the form and shall be submitted with appropriate application and inspection fees (see subsection (b)(3) below). (1) Application Requirements. The applicant shall provide the following information, when requesting said permit, as well as when renewing an existing permit:(A) Name, address, and affiliation of applicant.(B) Location of the proposed stocking site.(C) Number and type of water bodies to be stocked, and their sizes, in acres, or in square feet for waters less than one acre.(D) Source of water supply and locations of water outlets, if applicable.(E) A description of aquatic plant management problems, including but not limited to:1. Type(s) of aquatic vegetation present, relative abundance of each, expressed as percentage of surface coverage, at the peak of the growing season.2. Desired vegetation quantity or coverage.(F) Number of triploid grass carp requested.(G) Existing water quality data for the proposed water, if any.(2) Inspection. (A) Initial Inspection of Proposed Waters. All waters proposed for triploid grass carp stocking shall be subject to inspection by the department, to verify stocking is consistent with the provisions and limitations of this section, and to determine the number of triploid grass carp to stock.(B) Periodic Follow-Up Inspections. All waters stocked with triploid grass carp shall be subject to inspection by department employees.(3) Fees. The application and inspection fees shall be paid to the department at the time the Triploid Grass Carp Stocking Permit application is filed.(A) Pursuant to Section 6454 of the Fish and Game Code, the department shall charge the following fees to defray costs incurred in the initiation and implementation of the Triploid Grass Carp Program: 1. Stocking fee: $15.00/fish, and2. Annual renewal fee: $7.50/fish NOTE: The stocking fee will be assessed upon initial stocking and at any subsequent time that additional fish are added. Renewal fees are based on the number of fish remaining in the pond. The renewal fee is based on the presumption that no fish have been removed from the pond unless the permittee can provide proof acceptable to the department that fish have died or have been removed from the pond.
(B) All permits expire on December 31. Permits must be renewed by March 1 of the following year. If permit renewal fees are not received by the department on or before March 1, the department may eradicate all grass carp present in ponds for which permits have lapsed.(f) Annual Reports.(1) On or before March 1 of each year following the first year after triploid grass carp have been stocked, all permittees shall submit to the department a report documenting the progress of the aquatic vegetation control program in the permitted water. This report shall be submitted on a form furnished by the department (Triploid Grass Carp Stocking Permit Annual Report Form (FG 749-Rep (12/96)), which is incorporated by reference herein.(2) Pursuant to Fish and Game Code subsection 6453(b), the permittee shall continue to submit annual reports until five years after the use of grass carp to control aquatic plant pests is terminated, unless acceptable evidence is provided to the department that all grass carp have been removed from the water.(3) Permit amendments to stock triploid grass carp in excess of the number specified in the original permit shall be denied if the permittee fails to submit such reports.(g) No live triploid grass carp shall leave the permittee's waters without advance approval in writing from the department.(h) Permit Revocation. (1) The department may revoke a Triploid Grass Carp Stocking Permit at any time upon its determination that the permittee has not complied with the terms and conditions of the permit, or if grass carp are used in any manner that is inconsistent with the provisions of this section.(2) Upon revocation of the permit, all grass carp possessed under the privileges of the permit may be seized by the department for disposition deemed appropriate by the department.Cal. Code Regs. Tit. 14, § 238.6
1. New section filed 5-5-97; operative 6-4-97 (Register 97, No. 19).
2. Amendment of section and NOTE filed 4-24-2001; operative 5-24-2001 (Register 2001, No. 17). Note: Authority cited: Sections 6450, 6454 and 6459, Fish and Game Code. Reference: Sections 6450- 6460, Fish and Game Code.
1. New section filed 5-5-97; operative 6-4-97 (Register 97, No. 19).
2. Amendment of section and Note filed 4-24-2001; operative 5-24-2001 (Register 2001, No. 17).