BILL NUMBER: AB 1886 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2012
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 22, 2012
An act to amend Sections 15100 , 15101, 15103, 15104,
and 15105 of, and to amend, add , and
repeal Section 15106 Sections 15101, 15103,
and 15104 of, the Fish and Game Code, relating to aquaculture.
LEGISLATIVE COUNSEL'S DIGEST
AB 1886, as amended, 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 fee 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 would , until January 1, 2018, increase those
registration, renewal, surcharge, and penalty fees , as
prescribed . The bill would require the department to provide
an accounting of the aquaculture coordinator 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
coordinator program. The bill would repeal the
aquaculture coordinator program on January 1, 2018.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated 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 coordinator
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 such advice to aquaculturists on project siting and
facility design that may be needed 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
eight hundred dollars ($800) 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 five hundred dollars ($500)
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 2013 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. 3. 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 six hundred dollars ($600)
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 registered aquaculturist 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 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 registered aquaculturist 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. 4. 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 one hundred
fifty dollars ($150) ($50) .
(c) The penalty imposed pursuant to subdivision (b) shall be
applicable to the 2013 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. 5. 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 13004, 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
coordinator 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
coordinator program undertaken using revenues
derived pursuant to that program, the benefits derived, and its
recommendations for revising the aquaculture coordinator
program requirement, if any. The
(f) (1) A
report to be submitted pursuant to this
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.
SEC. 6. Section 15106 is added to the Fish and
Game Code, to read:
15106. This chapter 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.