Do I Need a License for Import / Export of Fish in California?
Law concerning the importation and exportation of fish in California is a complex series of overlapping legislation. The United States Department of Agriculture, United States Fish and Wildlife Service and the government of California all have laws governing the transport of animals across national boundaries. The short answer to the question "Do I need license to import/export of fish in California?" is no. However, it may require a permit, and the sale of fish requires licensure.
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California Laws
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California Fish and Game Code prohibits the importation of any live aquatic plant of animal species without a permit from the state. Any application for importation is automatically approved if no decision has been reached on the matter in a 60-day period. The Fish and Game Code makes exceptions with regards to Atlantic salmon and the eggs. No law in the Code may be construed as restricting the importation of dead or living Atlantic salmon.
No endangered species may be imported or exported without written permission pursuant of the Endangered Species Act of 1973. The possession and transportation of endangered species is generally limited to public agencies, zoological gardens and scientific or educational institutes or agents.
Federal Permit Laws
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The USDA allows the importation of finfish----any fish with fins----in personal baggage without a permit. Exceptions apply to eight species. Those species are common carp, koi carp, grass carp, silver carp, bighead carp, trench, sheatfish and goldfish. The importation of any of these species requires a permit and a veterinary health certificate. Any Californian importing such fish must have permits from the state and the USDA.
The FWS requires all large-scale commercial shipments of fish coming into or going out of the United States to be accompanied by a permit. Exceptions apply to species of shellfish or dead fish imported for human consumption.
Any species that is endangered or listed by the Convention on International Trade in Endangered Species requires permit, even if it falls into the area of exception.
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FWS Port Regulations
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FWS requires all large or commercial shipments of fish to be imported and exported through designated ports, border ports or specialized ports. Designated ports in California are Los Angeles and San Francisco.
Border ports are land or seaports serving as points-of-entry between the United States and Mexico or Canada, such as southern California border crossings. Border ports may not be used in the case of injurious species, endangered and threatened species, marine mammals and CITES species. Special ports are those in Alaska, Puerto Rico and Guam. These ports can only be used as a final destination and not an intermediate destination.
Business License Requirements
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Though fish may be imported and exported in California without a license, they may not be sold without one. In the latest edition of the California Fish and Game Code, enacted in 2009, lists the fee for such a license as $1,373.
Special licenses must be held by anyone receiving fishing shipments for commercial purposes, importing fish for the purpose of sale or selling fish wholesale. Thus anyone importing fish specifically for expressly commercial purposes must hold a special Fish Importer License.
Endangered and CITIES Species
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FWS requires a permit for the importation of all endangered species and those listed by CITIES as regulated. Among the endangered or threatened fish in California are crayfish, fairy shrimp, pupfish and North American green sturgeon.
Species on the CITIES list are subject to national regulation. Fish listed by the organization include freshwater eel, blind carp, basking shark, cui-ui and seahorses.
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References
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- Photo Credit The fish head, fish a tail image by Sergii Kondrytskyi from Fotolia.com
