BILL ANALYSIS �
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THIRD READING
Bill No: AB 1886
Author: Chesbro (D)
Amended: 7/5/12 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM : 9-0, 6/12/12
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 47-26, 5/3/12 - See last page for vote
SUBJECT : Aquaculture
SOURCE : California Aquaculture Association
DIGEST : This bill increases the regulatory fees for
aquaculture facilities and expands the duties of the
aquaculture program coordinator position within the
Department of Fish and Game (DFG).
ANALYSIS : Existing law:
1.Requires the owner of an aquaculture facility to register
annually with DFG and provide specified information
regarding the aquaculture operation, and to pay a
registration fee or registration renewal fee. Makes it
unlawful to conduct aquaculture operations unless
registered.
CONTINUED
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2.Authorizes DFG to review information provided in
aquaculture registrations to ensure the operation will
not be detrimental to native wildlife, and requires DFG
to impose fees for the costs of reviewing registrations.
The amount of the registration fees are set in statute
and are required to be adjusted annually for inflation.
3.Authorizes DFG to prohibit an aquaculture operation or
the culturing of any species at any location where it is
determined it would be detrimental to adjacent native
wildlife.
4.Provides for an aquaculture coordinator position within
DFG whose duties include promoting understanding of
aquaculture, proposing methods of reducing the negative
impact of public regulation on the aquaculture industry,
and providing information on regulatory compliance to
various sectors of the aquaculture industry.
5.Establishes the amount of fees in statute for
registration and renewal of aquaculture facilities and
surcharges, and requires those fees to be adjusted by DFG
annually based on changes in the Implicit Price Deflator.
The current statutory base fees are $549 for
registration, $275 for renewals, and $412 surcharge for
larger aquaculture facilities. With annual adjustments,
the 2012 fees are effectively $736 for registration,
$372.25 for renewal, and $554.25 for the surcharge.
This bill:
1.Expands the duties of the existing aquaculture
coordinator position within DFG to include coordinating
with the Aquaculture Development Committee, and provides
that the duties of the aquaculture coordinator are to be
performed as part of DFG's aquaculture program.
2.Increases the registration, renewal, surcharge and
penalty base fees for aquaculture facilities, effective
2013, as follows:
A. Increases the base registration fee from $549 to
$800;
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B. Increases the base registration renewal fee from
$250 to $500;
C. Increases the registration surcharge for facilities
with gross annual sales of over $25,000 from $412 to
$600; and,
D. Increases the penalty for engaging in aquaculture
without paying registration fees from $50 to $150.
1.Requires DFG 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, and requires DFG
to provide a report to the Legislature by February 1,
2017, regarding the aquaculture coordinator program as
specified.
2.Requires that revenues received from the payment of
aquaculture registration fees and surcharges be used only
for costs incurred in the administration and enforcement
of the program.
3.Sunsets the fee increases authorized by this bill after
five years, effective January 1, 2018, after which time
the fees would revert to existing levels unless a later
enacted statute continues the fee increases in effect.
Background
"Aquaculture" is defined as a form of agriculture devoted
to the propagation, cultivation, maintenance, and
harvesting of aquatic plants and animals in marine,
brackish, and fresh water. "Aquaculture" does not include
species of ornamental marine or freshwater plants and
animals not utilized for human consumption or bait purposes
that are maintained in closed systems for personal, pet
industry, or hobby purposes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/2/12)
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California Aquaculture Association (source)
Coast Seafoods Company
ARGUMENTS IN SUPPORT : This bill is sponsored by the
California Aquaculture Association (CAA). According to the
CAA, they requested these legislative changes to address
their increasing need for service from DFG. CAA believes
this bill will improve DFG efficiency to address industry
needs, create jobs and resolve issues with DFG that affect
their livelihood, including but not limited to: the
programmatic environmental impact report for coastal marine
aquaculture, state land leases for aquaculture, private
stocking permits, the Aquaculture Development Committee,
and the typical aquaculture issues that arise. The
aquaculture industry desires a self-imposed fee increase to
offset DFG cost for services of the aquaculture program and
to ensure the funds are efficiently spent and accounted
for. Additionally, there is a need for adequate program
reporting, that currently does not exist, to aid
legislative oversight of the aquaculture program.
ASSEMBLY FLOOR : 47-26, 5/3/12
AYES: Alejo, Ammiano, Atkins, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Butler, Charles Calderon,
Campos, Carter, Cedillo, Chesbro, Davis, Dickinson, Eng,
Feuer, Fong, Fuentes, Galgiani, Gatto, Gordon, Hayashi,
Hill, Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma,
Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel P�rez,
Portantino, Skinner, Solorio, Swanson, Torres,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman,
Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller,
Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Valadao,
Wagner
NO VOTE RECORDED: Allen, Bonilla, Fletcher, Furutani,
Hall, Roger Hern�ndez, Smyth
CTW:n 7/5/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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