BILL ANALYSIS
AB 1217
Page 1
ASSEMBLY THIRD READING
AB 1217 (Monning)
As Amended April 20, 2009
Majority vote
WATER, PARKS & WILDLIFE 9-3APPROPRIATIONS 12-4
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|Ayes:|Huffman, Blumenfield, |Ayes:|De Leon, Ammiano, Charles |
| |Caballero, Fletcher, | |Calderon, Davis, Fuentes, |
| |Krekorian, | |Hall, John A. Perez, |
| |Bonnie Lowenthal, John A. | |Price, Skinner, Solorio, |
| |Perez, Salas, Yamada | |Torlakson, Krekorian |
| | | | |
|-----+--------------------------+-----+---------------------------|
|Nays:|Fuller, Anderson, Tom |Nays:|Nielsen, Duvall, Harkey, |
| |Berryhill | |Miller |
| | | | |
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SUMMARY : Requires the Ocean Protection Council (OPC) to
develop and implement a voluntary sustainable seafood promotion
program. Specifically, this bill :
1)Requires the OPC to develop and implement a voluntary
sustainable seafood promotion program that includes the
following: a) a protocol to guide entities in how to be
independently certified to internationally accepted standards
for sustainable seafood; b) a marketing assistance program; c)
a competitive grant and loan program to assist California
fisheries in qualifying for certification; and, d) the design
of a label that may be used exclusively to identify seafood
caught in California that is certified to internationally
accepted standards for sustainable seafood.
2)Defines internationally accepted standards for sustainable
seafood as standards that are consistent with the Guidelines
for the Ecolabeling of Fish and Fishery Products from Marine
Capture Fisheries promulgated by the Food and Agriculture
Organization of the United Nations, and meet specified
principles.
3)Prohibits seafood produced through aquaculture or fish farming
from being certified as sustainable until nationally or
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internationally accepted sustainability standards have been
developed and implemented.
4)States various legislative findings and declarations regarding
the need for incentives to improve the sustainability of
seafood production, the value of recognizing California
fisheries which have already adopted sustainable practices
consistent with internationally accepted standards, and the
Legislature's intent to promote the purchase and consumption
of certified California sustainable seafood.
EXISTING LAW : Establishes the OPC in state government, composed
of the Secretary of the Natural Resources Agency, the Secretary
for Environmental Protection, the Chair of the State Lands
Commission, and two public members appointed by the Governor.
Requires the OPC, among other things, to coordinate activities
of state agencies related to protection and conservation of
coastal waters and ocean ecosystems, and to improve the
effectiveness of the state's efforts to protect ocean resources.
Establishes the California Ocean Protection Trust Fund to fund
projects authorized by the OPC, including, among other things,
projects that foster sustainable fisheries.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Minor, absorbable special fund one-time costs to OPC to
develop protocols.
2)One-time special fund costs of $150,000 to OPC to develop
label and marketing programs (Ocean Protection Trust Fund
(OPTF)).
3)Ongoing special fund costs, in the range of less than $100,000
to $500,000 annually, to OPC to operate marketing program.
The costs of the marketing program are entirely dependent upon
the scope and details of the marketing program, which are yet
to be determined (OPTF).
4)Special fund pressure, potentially as much as $1 million
during 2010-11 through 2012-13, for grants and loans to assist
California fisheries in qualifying for certification to
internationally accepted standards for sustainable seafood
(OPTF).
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COMMENTS : This bill requires the OPC to establish a voluntary
program to assist California fisheries in becoming certified for
sustainable seafood based on internationally accepted standards
adopted by the Food and Agriculture Organization of the United
Nations. The program would include development of a protocol,
adopted through a public process, to guide entities in becoming
certified, a market assistance program, and a competitive grant
and loan program to assist fishing entities in qualifying for
certification. The program would also include development of a
label to identify and market seafood caught in California that
is sustainably certified to internationally accepted standards.
The author notes that today nearly 80% of the world's fisheries
are overfished. The labeling of sustainable seafood in the
marketplace has the potential to provide a market-based
incentive for fishing industries and governments to take steps
to improve the sustainability of fishing practices. However,
claims of sustainability have proliferated in seafood markets,
often without transparent standards or a clear basis in science.
Without standards, these claims threaten to erode the
incentives created by labeling, resulting in confusion to
consumers, potential environmental damage, and economic harm to
fisheries that are sustainable. This bill seeks to provide a
credible option to fishermen to increase their revenue stream
through their fishing activities and provide incentives to fish
sustainably.
This bill recognizes the international guidelines adopted by the
United Nations Committee on Fisheries entitled "Guidelines for
the Ecolabeling of Fish and Fishery Products from Marine Capture
Fisheries." The guidelines indicate that they are applicable to
ecolabeling schemes that are designed to certify and promote
labels for products from well-managed marine capture fisheries,
and focus on issues related to the sustainable use of fishery
resources. The guidelines set out principles, standards and
criteria to guide the certification process and provide
accountability. The principles include, for example, that the
program recognize the sovereign rights of States, be of a
voluntary nature and market-driven, be transparent and
non-discriminatory, allow for fair trade and competition,
establish clear accountability, be based on best available
scientific information, be practical and verifiable, be
truthful, and meet minimum substantive requirements outlined in
the guidelines.
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Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096 FN:
0001193