Chapter 2Aquaculture Development Section

Section § 15100

Explanation

This law establishes an aquaculture coordinator within the department. Their job is to educate public agencies and the community about aquaculture and reduce regulatory burdens on the industry. The coordinator also gives information on compliance and advises facility owners on meeting legal requirements for project locations and designs. Additionally, they work with the Aquaculture Development Committee to fulfill these roles effectively.

There is within the department an aquaculture coordinator who shall perform all of the following duties as part of the department’s aquaculture program:
(a)CA Fish and Game Code § 15100(a) Promote understanding of aquaculture among public agencies and the general public.
(b)CA Fish and Game Code § 15100(b) Propose methods of reducing the negative impact of public regulation at all levels of government on the aquaculture industry.
(c)CA Fish and Game Code § 15100(c) Provide information on all aspects of regulatory compliance to the various sectors of the aquaculture industry.
(d)CA Fish and Game Code § 15100(d) Provide advice to the owner of a registered aquaculture facility on project siting and facility design, as necessary, to comply with regulatory requirements.
(e)CA Fish and Game Code § 15100(e) Coordinate with the Aquaculture Development Committee regarding the duties described in subdivisions (a) to (d), inclusive.
aquaculture coordinator public regulation impact regulatory compliance facility design advice project siting aquaculture education public agencies general public Aquaculture Development Committee industry information regulation reduction compliance advice facility owner support coordination aquaculture program
(Amended by Stats. 2013, Ch. 76, Sec. 64. (AB 383) Effective January 1, 2014.)

Section § 15101

Explanation

This law requires owners of aquaculture facilities to register important information, like their name, the species they grow, and where their operations are located, with the department every year by March 1. There are specific fees for initial and renewed registrations to cover the cost of reviewing this information, ensuring it doesn't harm native wildlife. It's illegal to run aquaculture operations without registering. The fees are updated each year, and while registering, this isn't considered a significant environmental impact under California law. The provisions become fully effective on January 1, 2025, including fee adjustments as if the section was never inactive.

(a)CA Fish and Game Code § 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)CA Fish and Game Code § 15101(a)(1) The owner’s name.
(2)CA Fish and Game Code § 15101(a)(2) The species grown.
(3)CA Fish and Game Code § 15101(a)(3) The location or locations of each operation or operations.
(b)CA Fish and Game Code § 15101(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)CA Fish and Game Code § 15101(c) The annual registration of information required by subdivision (a) is not a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(d)CA Fish and Game Code § 15101(d) This section shall become operative on January 1, 2025, 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.
aquaculture facility registration species grown location of operations registration fee unlawful aquaculture operations California Environmental Quality Act department review native wildlife protection registration deadline annual fee adjustment aquatic plants and animals registration forms renewing registrations environmental impact exemption operative date 2025
(Amended (as amended by Stats. 2022, Ch. 307, Sec. 3) by Stats. 2023, Ch. 876, Sec. 20. (SB 500) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)

Section § 15102

Explanation

This law allows the department to stop aquaculture operations or the farming of certain species if they would harm nearby native wildlife.

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.
aquaculture operation culturing species native wildlife prohibit operations environmental impact harm to wildlife aquaculture restrictions species farming wildlife protection habitat impact location determination species prohibition aquaculture law environmental conservation wildlife preservation
(Added by Stats. 1982, Ch. 1486, Sec. 25.)

Section § 15103

Explanation

If you own an aquaculture facility in California and made more than $25,000 in sales last year, you'll need to pay an extra $412 when you register your business. This fee is on top of other fees. Keep detailed sales and production records, as the department can ask to see them.

If you don't pay the fee on time, you'll face a penalty. This surcharge has been adjusted annually since 2004 and will continue to be adjusted after it becomes active again on January 1, 2025.

(a)CA Fish and Game Code § 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)CA Fish and Game Code § 15103(b) Each owner of a registered aquaculture facility shall maintain sales and production records that shall be made available upon request of the department to assist the department in the administration of this chapter.
(c)CA Fish and Game Code § 15103(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)CA Fish and Game Code § 15103(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.
(e)CA Fish and Game Code § 15103(e) This section shall become operative on January 1, 2025, 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.
aquaculture facility surcharge fee $412 fee registration fee gross annual sales $25 000 sales threshold sales records production records department oversight delinquency penalty 2004 registration year annual adjustment Section 713 operative January 2025
(Amended (as amended by Stats. 2022, Ch. 307, Sec. 5) by Stats. 2023, Ch. 876, Sec. 22. (SB 500) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)

Section § 15104

Explanation

If you start a business in aquaculture and don't pay your registration fee or surcharge within a month, or by April 1st for renewals, your fees are considered late.

If your fees are late, you'll have to pay a $50 penalty when you register.

This penalty began in 2005 and can be adjusted over time according to specific rules.

The changes based on this law will officially be in place starting January 1, 2025, and the penalty will be adjusted as if there was no break in application.

(a)CA Fish and Game Code § 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)CA Fish and Game Code § 15104(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)CA Fish and Game Code § 15104(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.
(d)CA Fish and Game Code § 15104(d) This section shall become operative on January 1, 2025, at which time the penalty specified in this section shall be adjusted pursuant to subdivision (c) as if this section had not been inoperative.
aquaculture business registration fee surcharge fee delinquent fees penalty law effective date registration renewal late fee penalty 2005 penalty adjustment fee adjustment January 1 2025 California Fish and Game Code operative date business licensing penalty adjustment
(Amended (as amended by Stats. 2022, Ch. 307, Sec. 7) by Stats. 2023, Ch. 876, Sec. 24. (SB 500) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.)

Section § 15105

Explanation

This law specifies that money collected for California's aquaculture program must go into a dedicated fund solely for that purpose and can be used only for administering and enforcing the program. The Legislature can allocate these funds as part of the annual budget, and the department must keep transparent financial records. Upon request, they need to provide an accounting of the program's finances to relevant committees. The department is also required to report every five years on the successes and future recommendations of the aquaculture program, including an assessment of funding sufficiency. They must ensure fees and taxes cover program costs and have the option to review more frequently than every five years.

(a)CA Fish and Game Code § 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)CA Fish and Game Code § 15105(b) Notwithstanding Section 13220, these moneys are available for appropriation by the Legislature in the annual Budget Act for purposes of this division.
(c)CA Fish and Game Code § 15105(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 program account balance and expenditures upon request of the Aquaculture Development Committee, the commission, or the Joint Committee on Fisheries and Aquaculture.
(d)CA Fish and Game Code § 15105(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)Copy CA Fish and Game Code § 15105(e)
(1)Copy CA Fish and Game Code § 15105(e)(1) The department shall prepare and submit to the Legislature on or before February 1, 2022, and every five years thereafter, a report regarding the aquaculture program undertaken using revenues derived pursuant to that program, the benefits derived, and its recommendations for revising the aquaculture program requirement, if any.
(2)CA Fish and Game Code § 15105(e)(2)  As part of the report required by this subdivision, the department shall analyze the fees and taxes authorized by this division to ensure that the amount of the appropriate fee or tax is sufficient to fully fund the aquaculture program. The department may undertake this analysis more frequently than every five years.
(f)CA Fish and Game Code § 15105(f) A report to be submitted pursuant to subdivision (e) shall be submitted in compliance with Section 9795 of the Government Code.
aquaculture program Fish and Game Preservation Fund department expenditures internal accountability Aquaculture Development Committee financial reporting program funding fee analysis revenue allocation fiscal accountability annual Budget Act Legislature appropriation administration costs enforcement costs program recommendations
(Amended by Stats. 2022, Ch. 307, Sec. 8. (SB 1392) Effective January 1, 2023.)