SECTIONS 15100-15105 - California Statutes

FISH AND GAME CODE

SECTION 15100-15105

15100. There is within the department an aquaculture coordinator
who shall perform all of the following duties:
(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.

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).

15102. The department may 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.

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 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 2004 registration year and shall be adjusted
annually thereafter pursuant to Section 713.

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.

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.