SECTIONS 14950-14958 - California Statutes

WATER CODE

SECTION 14950-14958

14950. This chapter shall be known and may be cited as the
Shellfish Protection Act of 1993.

14951. The Legislature finds and declares all of the following:
(a) Commercial shellfish harvesting is a beneficial use of the
waters of the state and, in addition, benefits the economy of the
state through the creation of jobs.
(b) Pollution, from both point and nonpoint sources, currently
threatens many of the state's commercial shellfish growing areas.
(c) In order to maintain the health, and encourage the expansion,
of commercial shellfish harvesting within the state, it is necessary
to protect the commercial shellfish growing areas from ongoing point
and nonpoint sources of pollution.
(d) The regional boards whose jurisdictions include commercial
shellfish growing areas shall have primary responsibility for the
protection of commercial shellfish harvesting from the effects of
point and nonpoint pollution sources.

14952. For the purposes of this chapter, a commercial shellfish
growing area is an area certified pursuant to Section 112170 of the
Health and Safety Code in which shellfish are grown and harvested.

14953. (a) If a commercial shellfish growing area is threatened by
point or nonpoint source pollution, as specified in Section 14954,
the regional board shall form a technical advisory committee, within
90 days of the effective date of this act, devoted solely to the
threatened area. A technical advisory committee shall be formed for
any subsequently threatened area within 90 days of the date the
threat is identified pursuant to Section 14954. The technical
advisory committee shall advise and assist that board in developing a
strategy for appropriate investigation and remediation pursuant to
Sections 14955 and 14956 to reduce pollution affecting that area. The
regional board shall give public notice of the formation of the
technical advisory committee. All meetings of the technical advisory
committee shall be public.
(b) For the purpose of subdivision (a), the technical advisory
committee shall include both of the following:
(1) One commercial shellfish grower from the threatened area, one
representative from the State Department of Health Services, one
representative from the Department of Fish and Game, one
representative from the California Coastal Commission, one
representative from each category of potential pollution source, one
representative from a local environmental group, and one
representative from the local health department.
(2) Additional members and a chairperson appointed by the regional
board.
(c) Members of the technical advisory committee established
pursuant to subdivision (a) shall not receive a per diem or other
compensation, and shall not be reimbursed for any expenses.

14954. For the purpose of Section 14953, a commercial shellfish
growing area is threatened if any of the following applies:
(a) The State Department of Health Services downgrades the
classification applicable to the commercial shellfish growing area.
(b) The commercial shellfish growing area is subjected to harvest
closure for more than 30 days per calendar year during the previous
three years.
(c) The State Department of Health Services classifies the
commercial shellfish growing area as restricted.
(d) The regional board, the Department of Fish and Game, or the
California Coastal Commission determines that the commercial
shellfish growing area is threatened.

14955. (a) The technical advisory committee shall review existing
data to determine whether additional investigatory efforts are needed
to identify the pollution sources that threaten the commercial
shellfish growing area, the scope of the pollution sources, and the
degree to which those sources threaten the commercial shellfish
growing area.
(b) If the technical advisory committee determines pursuant to
subdivision (a) that additional investigatory efforts are needed, the
regional board shall develop, with the assistance of the technical
advisory committee, a water quality investigation project for funding
under Sections 205 and 319 of the federal Clean Water Act (33 U.S.C.
Sec. 1251 et seq.; Secs. 1285 and 1329) or any other appropriate
funding sources.
(c) Any water quality investigation project developed pursuant to
subdivision (b) shall be limited to accomplishing that which is
reasonably necessary for the regional board to gather sufficient data
to determine the appropriate remedial actions.
(d) The regional board shall not undertake any investigatory
efforts determined to be necessary pursuant to subdivision (a) unless
the regional board determines that funding is available to carry out
those efforts.

14956. (a) Once the nature, sources, scope, and degree of the
pollution affecting a commercial shellfish growing area have been
determined, the regional board, with the advice of the local
technical advisory committee, shall order appropriate remedial
action, including the adoption of best management practices, to abate
the pollution affecting that area. The regional board shall monitor
water quality in the threatened area during the implementation of
pollution abatement measures to ensure that the measures are
effective and shall provide the results of the monitoring to the
technical advisory committee. The regional board shall give public
notice of any actions proposed for adoption.
(b) If agricultural sources of pollution have been identified as
contributing to the degradation of shellfish growing areas, the
regional board shall invite members of the local agricultural
community representing the type of agricultural discharge affecting
the local shellfish growing area, the local resource conservation
district, the local soil conservation service, the local agricultural
stabilization and conservation service, the cooperative extension of
the University of California, and affected shellfish growers to
develop and implement appropriate short- and long-term remediation
strategies that will lead to a reduction in the pollution affecting
the commercial shellfish growing area.

14957. When rating project proposals affecting shellfish growing
areas for state and federal funding under Sections 205 and 319 of the
federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.; Secs. 1285 and
1329) or from other funding sources, the state board and regional
boards shall give timely notice to the California Aquaculture
Association and shall provide shellfish growers with the opportunity
to comment on the following types of project proposals:
(a) Project proposals that seek to identify the nature, sources,
scope, and degree of pollution threatening a commercial shellfish
growing area.
(b) Project proposals that seek to reduce or eliminate the impact
of point or nonpoint pollution that affects a commercial shellfish
growing area. Proposals under this subdivision shall include waste
reclamation projects.

14958. When a commercial shellfish area is no longer threatened, as
specified in Section 14954, the regional board shall dissolve the
technical advisory committee for that area. If the area is
subsequently threatened, as specified in Section 14954, the regional
board shall re-form the committee pursuant to Section 14953.