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AB-1886 Aquaculture.(2011-2012)

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AB1886:v94#DOCUMENT

Assembly Bill No. 1886
CHAPTER 301

An act to amend Sections 15100 and 15105 of, and to amend, add, and repeal Sections 15101, 15103, and 15104 of, the Fish and Game Code, relating to aquaculture.

[ Approved by Governor  September 13, 2012. Filed with Secretary of State  September 13, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1886, Chesbro. Aquaculture.
Existing law establishes within the Department of Fish and Game an aquaculture coordinator to perform prescribed duties relating to the aquaculture industry. Existing law requires the owner of an aquaculture facility to register certain information with the department by March 1 of each year, and requires the department to impose prescribed fees for registration and renewal. Existing law also requires, in addition to the registration and renewal fees, a surcharge fee to be paid at the time of registration by the owner of an aquaculture facility if the gross annual sales of aquaculture products of the facility during the prior calendar year exceed $25,000. Existing law imposes a penalty for delinquent payment of fees. Existing law requires the department to expend moneys collected solely on the aquaculture program and to maintain the internal accountability necessary to ensure that all restrictions on the expenditure of these fee revenues are met.
This bill would include in the duties of the coordinator the requirement to coordinate with the Aquaculture Development Committee. The bill, until January 1, 2018, would increase those registration, renewal, surcharge, and penalty fees, as prescribed. The bill would require the department to provide an accounting of the aquaculture program account balance and expenditures upon request of the Aquaculture Development Committee or the Joint Committee on Fisheries and Aquaculture. The bill would restrict the use of these fee revenues to paying the costs of the administration and enforcement of the department’s aquaculture program. The bill would require the department to prepare and submit to the Legislature, on or before February 1, 2017, a report regarding the aquaculture program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 15100 of the Fish and Game Code is amended to read:

15100.
 There is within the department an aquaculture coordinator who shall perform all of the following duties as part of the department’s aquaculture program:
(a) Promote understanding of aquaculture among public agencies and the general public.
(b) Propose methods of reducing the negative impact of public regulation at all levels of government on the aquaculture industry.
(c) Provide information on all aspects of regulatory compliance to the various sectors of the aquaculture industry.
(d) Provide advice to owner of a registered aquaculture facility on project siting and facility design, as necessary, to comply with regulatory requirements.
(e) Coordinate with the Aquaculture Development Committee regarding the duties described in subdivisions (a) to (d), inclusive.

SEC. 2.

 Section 15101 of the Fish and Game Code is amended to read:

15101.
 (a) The owner of each aquaculture facility shall register all of the following information with the department by March 1 of each year:
(1) The owner’s name.
(2) The species grown.
(3) The location or locations of each operation or operations.
(b) The department may provide registration forms for this purpose, may establish a procedure for the review of the information provided to ensure that the operation will not be detrimental to native wildlife, and shall impose a registration fee of five hundred forty-nine dollars ($549) to recover the cost of reviewing new registrations. For renewing registrations, the department shall impose a registration fee of two hundred seventy-five dollars ($275). It is unlawful to conduct aquaculture operations or to culture approved species of aquatic plants and animals unless registered under this section. The registration fees specified in this section are applicable to the 2004 registration year and shall be adjusted annually thereafter pursuant to Section 713.
(c) The annual registration of information required by subdivision (b) is not a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(d) This section shall become inoperative on January 1, 2013, and shall become operative on January 1, 2018, at which time the registration fees specified in this section shall be adjusted pursuant to subdivision (b) as if this section had not been inoperative.

SEC. 3.

 Section 15101 is added to the Fish and Game Code, to read:

15101.
 (a) The owner of each aquaculture facility shall register all of the following information with the department by March 1 of each year:
(1) The owner’s name.
(2) The species grown.
(3) The location or locations of each operation or operations.
(b) The department may provide registration forms for this purpose, may establish a procedure for the review of the information provided to ensure that the operation will not be detrimental to native wildlife, and shall impose a registration fee of eight hundred dollars ($800) to recover the cost of reviewing new registrations. For renewing registrations, the department shall impose a registration fee of five hundred dollars ($500). It is unlawful to conduct aquaculture operations or to culture approved species of aquatic plants and animals unless registered under this section. The registration fees specified in this section are applicable to the 2013 registration year and shall be adjusted annually thereafter pursuant to Section 713.
(c) The annual registration of information required by subdivision (b) is not a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.

SEC. 4.

 Section 15103 of the Fish and Game Code is amended to read:

15103.
 (a) In addition to the fees specified in Section 15101, a surcharge fee of four hundred twelve dollars ($412) shall be paid at the time of registration by the owner of an aquaculture facility if the gross annual sales of aquaculture products of the facility during the prior calendar year exceed twenty-five thousand dollars ($25,000).
(b) Each owner of a registered aquaculture facility shall maintain sales and production records which shall be made available upon request of the department to assist the department in the administration of this chapter.
(c) Any person who fails to pay the surcharge fee required in this section at the time of registration shall be assessed a delinquency penalty pursuant to Section 15104.
(d) The surcharge imposed pursuant to this section shall be applicable to the 2004 registration year and shall be adjusted annually thereafter pursuant to Section 713.
(e) This section shall become inoperative on January 1, 2013, and shall become operative on January 1, 2018, at which time the surcharge fee specified in this section shall be adjusted pursuant to subdivision (d) as if this section had not been inoperative.

SEC. 5.

 Section 15103 is added to the Fish and Game Code, to read:

15103.
 (a) In addition to the fees specified in Section 15101, a surcharge fee of six hundred dollars ($600) shall be paid at the time of registration by the owner of an aquaculture facility if the gross annual sales of aquaculture products of the facility during the prior calendar year exceed twenty-five thousand dollars ($25,000).
(b) Each owner of a registered aquaculture facility shall maintain sales and production records which shall be made available upon request of the department to assist the department in the administration of this chapter.
(c) Any person who fails to pay the surcharge fee required in this section at the time of registration shall be assessed a delinquency penalty pursuant to Section 15104.
(d) The surcharge imposed pursuant to this section shall be applicable to the 2013 registration year and shall be adjusted annually thereafter pursuant to Section 713.
(e) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.

SEC. 6.

 Section 15104 of the Fish and Game Code is amended to read:

15104.
 (a) If any person engages in the business of aquaculture, as regulated under this division, without having paid the registration fee or surcharge fee within one calendar month of the commencement of business, or, for renewal of registration, on or before April 1 of the registration year, the fees are delinquent.
(b) A penalty shall be paid at the time of registration for any fees that are delinquent in the amount of fifty dollars ($50).
(c) The penalty imposed pursuant to subdivision (b) shall be applicable to the 2005 registration year, and shall be adjusted thereafter pursuant to Section 713.
(d) This section shall become inoperative on January 1, 2013, and shall become operative on January 1, 2018, at which time the penalty specified in this section shall be adjusted pursuant to subdivision (c) as if this section had not been inoperative.

SEC. 7.

 Section 15104 is added to the Fish and Game Code, to read:

15104.
 (a) If any person engages in the business of aquaculture, as regulated under this division, without having paid the registration fee or surcharge fee within one calendar month of the commencement of business, or, for renewal of registration, on or before April 1 of the registration year, the fees are delinquent.
(b) A penalty shall be paid at the time of registration for any fees that are delinquent in the amount of one hundred fifty dollars ($150).
(c) The penalty imposed pursuant to subdivision (b) shall be applicable to the 2013 registration year, and shall be adjusted thereafter pursuant to Section 713.
(d) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.

SEC. 8.

 Section 15105 of the Fish and Game Code is amended to read:

15105.
 (a) Notwithstanding Section 13001 or 13002, all moneys collected by the department pursuant to this division shall be deposited in the Fish and Game Preservation Fund and shall be expended solely on the department’s aquaculture program pursuant to this division.
(b) Notwithstanding Section 13220, these moneys are available for appropriation by the Legislature in the annual Budget Act for purposes of this division.
(c) The department shall maintain internal accountability necessary to ensure that all restrictions on the expenditure of these funds are met and shall provide an accounting of the aquaculture program account balance and expenditures upon request of the Aquaculture Development Committee or the Joint Committee on Fisheries and Aquaculture.
(d) Revenues pursuant to this chapter may be used only to pay the costs incurred in the administration and enforcement of the department’s aquaculture program.
(e) The department shall prepare and submit to the Legislature on or before February 1, 2017, a report regarding the aquaculture program undertaken using revenues derived pursuant to that program, the benefits derived, and its recommendations for revising the aquaculture program requirement, if any.
(f) (1) A report to be submitted pursuant to subdivision (e) shall be submitted in compliance with Section 9795 of the Government Code.
(2) The requirement for submitting a report imposed under subdivision (e) is inoperative on February 1, 2021, pursuant to Section 10231.5 of the Government Code.