SECTIONS 71215 - California Statutes

PUBLIC RESOURCES CODE

SECTION 71215

71215. (a) (1) The Marine Invasive Species Control Fund is hereby
created. The money in the fund, upon appropriation by the
Legislature, shall be used solely to carry out this division.
(2) All money accruing to the Exotic Species Control Fund shall be
transferred to the Marine Invasive Species Control Fund.
(b) (1) The commission shall administer the fund in accordance
with this chapter.
(2) The commission shall establish, through regulation, a
reasonable and appropriate fee solely for the purposes of carrying
out this division. The fee may not exceed one thousand dollars
($1,000) for each voyage, as described in subdivision (c). This
amount may be adjusted for inflation every two years.
(3) In establishing fees, the commission shall consult with a
technical advisory group made up of interested persons, including,
but not limited to, shipping and port representatives.
(4) The commission may establish lower levels of fees and the
maximum amount of fees for individual shipping companies or vessels.
Any fee schedule established, including the level of fees and the
maximum amount of fees, shall take into account the impact of the
fees on vessels operating from California in the Hawaii or Alaska
trades, the frequency of calls by particular vessels to California
ports within a year, the ballast water practices of the vessels, and
other relevant considerations.
(c) The State Board of Equalization, in accordance with Part 22.5
(commencing with Section 44000) of Division 2 of the Revenue and
Taxation Code, shall collect the fee from the owner or operator of
each vessel that arrives at a California port or place from a port or
place outside of California. That fee may not be assessed on any
vessel arriving at a California port or place if that vessel comes
directly from another California port or place and during that
transit has not first arrived at a port or place outside California
or moved outside the EEZ prior to arrival at the subsequent
California port or place.
(d) Notwithstanding any other provision of law, all fees imposed
pursuant to this section shall be deposited into the Marine Invasive
Species Control Fund.
(e) Notwithstanding any other provision of law, all penalties and
payments collected for violations of any requirements of this
division shall be deposited into the Marine Invasive Species Control
Fund.