Bill Text

Bill Information


Bill PDF |Add To My Favorites |Track Bill | print page

AB-3220 Marine resources: Department of Fish and Wildlife: authority: mariculture.(2023-2024)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 06/24/2024 02:00 PM
AB3220:v97#DOCUMENT

Amended  IN  Senate  June 24, 2024
Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3220

Introduced by Assembly Member Papan

February 16, 2024

An act to add Section Sections 54.1 and 1026 to the Fish and Game Code, relating to marine resources.


LEGISLATIVE COUNSEL'S DIGEST


AB 3220, as amended, Papan. Marine resources: Department of Fish and Wildlife: authority: mariculture.
Existing law establishes the Department of Fish and Wildlife and sets forth the duties of that department, which include administering various programs for the protection and conservation of fish and wildlife resources. Existing law provides for the regulation of the aquaculture industry within the state. Existing law requires an owner of an aquaculture facility to register with the department and pay a specified registration fee to recover the cost of reviewing new registrations, and to renew that registration annually.
This bill would require the department to consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other appropriate federal agencies that offer state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project that intends to operate within the state. The bill would require the department, if it elects to seek to obtain state verification authority, to notify and update the Assembly Committee on Water, Parks, and Wildlife and the Senate Committee on Natural Resources and Water, as specified. The bill would require the department to increase aquaculture facility registration fees by an unspecified amount until the cost of obtaining the state verification authority is fully recovered from those aquaculture registrants that benefit from state verification authority. The bill would define “mariculture” for the purposes of these provisions. the Fish and Game Code.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) California has the potential to become a global leader in sustainable shellfish and seaweed production and restoration, while also increasing coastal resiliency and strengthening climate change adaptation.
(b) In the coming years, sustainable sources of food must become more broadly available to a growing population, even as climate change strains food supplies across the planet.
(c) The oceans, coastlines, and coastal communities are disproportionately impacted by increasing carbon dioxide and other greenhouse gas emissions. These impacts include changes in water temperature, ocean acidification and deoxygenation, rising sea levels, increased storm intensity, and changes in the diversity and abundance of marine species, among other effects. Climate-driven degradation of coastal and marine ecosystems threatens the physical, economic, and food security of California communities, and weakens the ability of the ocean to provide critical ecosystem services such as food production and carbon sequestration.
(d) In addition to, and partially as a result of, the impacts of global climate change, California has experienced historic and continued degradation of its ecosystems. For example, in the past decade, more than 96 percent of the bull kelp in Northern northern California has disappeared, and two species of abalone are now listed under the federal Endangered Species Act.
(e) A diverse portfolio of well-designed and managed shellfish and seaweed operations will help support a more sustainable and resilient food supply amid changing environmental conditions, while simultaneously proving restorative in nature, reducing the impact of climate change on our coasts and oceans through ecosystem services such as carbon sequestration, water filtration, coastal defense, oxygen production, and provision of essential habitat for wild species.
(f) Through Executive Orders Nos. N-82-20 and B-55-18, California has acknowledged the role natural and working lands and waters can and will play in reducing the impacts of anthropogenic climate change. Seaweed and shellfish production and restoration are among the most effective uses of natural and working marine ecosystems in providing ecosystem, water quality, and carbon sequestration benefits.
(g) Innovation and experimentation are critical to advancing marine restoration in the state. In order to better engage and leverage the private sector to test and finance new marine restoration projects, new approaches are needed to expedite and harmonize permitting and approval for restoration research.
(h) Demand for environmentally beneficial shellfish and seaweed projects far outpace the regulatory approval process. As a result, shellfish and seaweed activities that could benefit California’s marine habitats and ecosystems are not being implemented.
(i) Recovery of depleted organisms through restoration, translocation, and reintroduction may help improve the resiliency of our coastal ocean ecosystems to climate and other anthropogenic stressors.

SEC. 2.

 Section 54.1 is added to the Fish and Game Code, to read:

54.1.
 “Mariculture” means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine waters. “Mariculture” does not include species of finfish and species of ornamental marine plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.

SEC. 2.SEC. 3.

 Section 1026 is added to the Fish and Game Code, to read:
1026.

(a)For the purposes of this section, “mariculture” means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine water. “Mariculture” does not include species of fin fish and species of ornamental marine plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.

(b)

1026.
 (a) The department shall consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other appropriate federal agencies that offer state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project that intends to operate within the state.
(b) If the department elects to seek to obtain state verification authority pursuant to subdivision (a), it shall do all of the following:
(1) Immediately notify the Assembly Committee on Water, Parks, and Wildlife and the Senate Committee on Natural Resources and Water.
(2) Provide no less than one update per year based upon the date of notification pursuant to paragraph (1) to both committees while the state verification authority is actively being sought.
(3) Notify both committees when the state verification authority is obtained, or the department stops actively seeking that authority.
(c) The department shall provide complete information about the number of personnel hours expended, all costs incurred, and the source of funds in its effort to obtain state verification authority pursuant to subdivision (a) on a publicly accessible portion of its internet website when it provides notification pursuant to paragraph (2) or (3) of subdivision (b).
(d) Notwithstanding the amounts specified in Section 15101, the department shall increase by _____ new or renewal registration fees until the cost of obtaining the state verification authority is fully recovered from those aquaculture registrants that benefit from state verification authority.