Chapter 4Marine Invasive Species Control Fund

Section § 71215

Explanation

This California law section establishes the Marine Invasive Species Control Fund to manage invasive marine species. Money in the fund is specifically used for this purpose after legislative approval. Money previously in the Exotic Species Control Fund is transferred here. The commission in charge will regulate the fund and implement fees, which shouldn't exceed $1,000 per voyage, and can be adjusted for inflation biennially. They must consult a technical group including industry representatives when setting fees and may create different fee schedules based on various factors. The California Department of Tax and Fee Administration collects fees from vessels arriving from outside the state; however, fees don't apply to vessels traveling within California. Additionally, any fees, penalties, or payments related to breaches of these requirements are deposited back into this fund.

(a)Copy CA Public Resources Code § 71215(a)
(1)Copy CA Public Resources Code § 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)CA Public Resources Code § 71215(a)(2) All money accruing to the Exotic Species Control Fund shall be transferred to the Marine Invasive Species Control Fund.
(b)Copy CA Public Resources Code § 71215(b)
(1)Copy CA Public Resources Code § 71215(b)(1) The commission shall administer the fund in accordance with this chapter.
(2)CA Public Resources Code § 71215(b)(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)CA Public Resources Code § 71215(b)(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)CA Public Resources Code § 71215(b)(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 and biofouling management practices of the vessels, and other relevant considerations.
(c)CA Public Resources Code § 71215(c) The California Department of Tax and Fee Administration, 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, or the vessel agent acting on behalf of the owner or operator, 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 exclusive economic zone (EEZ) prior to arrival at the subsequent California port or place.
(d)CA Public Resources Code § 71215(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)CA Public Resources Code § 71215(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.
Marine Invasive Species Control Fund Exotic Species Control Fund transfer regulation fees shipping industry consultation fee adjustment for inflation California Department of Tax and Fee Administration California port arrivals interstate vessel travel invasive species management ballast water management biofouling management penalty payments fee collection shipping and port representatives technical advisory group
(Amended by Stats. 2021, Ch. 432, Sec. 8. (SB 824) Effective January 1, 2022.)