BILL ANALYSIS
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|SENATE RULES COMMITTEE | SJR 18|
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UNFINISHED BUSINESS
Bill No: SJR 18
Author: Simitian (D), et al
Amended: 5/17/10
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 5-3, 3/23/10
AYES: Pavley, Kehoe, Lowenthal, Simitian, Wolk
NOES: Cogdill, Hollingsworth, Huff
NO VOTE RECORDED: Padilla
SENATE FLOOR : 23-11, 4/08/10
AYES: Calderon, Cedillo, Corbett, Correa, DeSaulnier,
Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,
Negrete McLeod, Oropeza, Padilla, Pavley, Price, Romero,
Simitian, Steinberg, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Cox, Denham, Dutton,
Hollingsworth, Huff, Runner, Strickland, Walters, Wyland
NO VOTE RECORDED: Alquist, Cogdill, Harman, Maldonado,
Wiggins, Vacancy
ASSEMBLY FLOOR : 48-23, 5/17/10 - See last page for vote
SUBJECT : Marine aquaculture
SOURCE : Ocean Conservancy
DIGEST : This resolution requests the Congress to develop
a comprehensive federal regulatory framework for marine
aquaculture that undergoes complete environmental review
and is at least as protective as that codified in
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California's Sustainable Oceans Act to address
environmental and economic concerns.
Assembly Amendments added co-authors.
ANALYSIS : SB 201 (Simitian), Chapter 36, Statutes of
2006, known as the Sustainable Oceans Act, requires a
person to obtain a lease from the Fish and Game Commission
in order to practice marine finfish aquaculture. Prior to
issuing leases, the act requires the Department of Fish and
Game (DFG) to prepare a programmatic environmental impact
reports (PEIR) for existing and potential commercial
aquaculture in the state's costal and inland areas.
Section 15008 required DFG, in the PEIR, to consider a
number of factors including the effects of escaped fish on
wild stocks, the effects on sensitive ocean and coastal
habitats, the effects of feed and fish meal on marine
ecosystem, and the appropriate design of facilities and
farming practices to avoid adverse environmental impacts.
The intent of the requirement for the PEIR was to examine
the impact of marine finfish aquaculture on a statewide,
rather than piecemeal, basis. DFG is currently in the
process of developing the required PEIR.
Lessees are required to establish best management practices
including practices for monitoring, reporting, and
inspection. The Sustainable Oceans Act also established
related fees and penalties.
This resolution requests that Congress develop a
comprehensive federal regulatory framework for marine
aquaculture that undergoes complete environmental review
and is at least protective as that codified in California's
Sustainable Oceans Act. The resolution also states that
the Legislature opposes the expansion of marine aquaculture
off the Pacific Coast without a federal regulatory
framework as well as any attempts to weaken California's
regulations. In making this request, the resolution makes
a number of findings including, the value of California's
coast and ocean waters, the risk that marine aquaculture
poses to the ocean environment without strict protections,
and the need for strict and enforceable standards to
protect the environment and consumers.
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FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 5/25/10)
Ocean Conservancy (source)
Sierra Club
Nature Conservancy
Monterey Bay Aquarium
Planning and Conservation League
OPPOSITION : (Verified 5/25/10)
Food and Water Watch
ARGUMENTS IN SUPPORT : The author's office states, "A
comprehensive federal framework to address fish farming
adjacent to state waters is of special interest to
California because of the risks that marine aquaculture
poses to the state's ocean ecosystems. Despite real and
scientifically-documented risks, the United States does not
have a framework in place to ensure safe aquaculture. If
decisive action is not taken by Congress soon, marine
aquaculture in federal waters off California's coast could
be subject to weak, piecemeal standards. Federal agencies,
entities, and fishery management councils have recently
begun to develop various aquaculture permitting guidelines,
precedents, and policies for U.S. waters near California -
all outside of a strong, coordinated and comprehensive
framework that matches California's standards. SJR 18
encourages Congress to adopt a framework and standards that
are at least as robust as California's to ensure the health
of the state's ocean ecosystem."
ARGUMENTS IN OPPOSITION : Food and Water Watch is opposed
to this resolution and writes, "The Sustainable Oceans Act
does not include several applicable and important key
state laws meant to protect our natural ocean resources In
addition, the only federal legislation seeking to fulfill
what SJ Res 18 calls for is weaker than California law in
key areas, and may supersede California law.
"We believe that it is inappropriate for single state's
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standards regarding open ocean aquaculture to be
federalized in national legislation. California's
standards, while useful for our state, may not encompass
all of the uses and intricacies of the marine environment,
fishing communities and user conflicts in other regions
nationwide. This is especially true in those needing
special protection, such as Alaska's highly biodiverse
coasts and the Gulf of Mexico's reefs.
"Second, we believe that SJ Res 18 will create a false
sense of urgency to rush national legislation through the
Congress, and that such legislation, as currently proposed,
does not include important safeguards at the national level
to adequately protect consumers, the marine environment and
others that rely on our oceans. A streamlined federal
aquaculture permitting process will accelerate a practice
with significant environmental risks when our understanding
of those threats does not warrant such acceleration."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Charles
Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De
Leon, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Galgiani, Hall, Hayashi, Hernandez, Hill, Huffman, Jones,
Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, V.
Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Skinner, Solorio, Swanson, Torlakson, Torres, Torrico,
Villines, John A. Perez
NOES: Anderson, Bill Berryhill, Tom Berryhill, Conway,
Cook, DeVore, Emmerson, Fuller, Gaines, Garrick, Gilmore,
Hagman, Harkey, Huber, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Nielsen, Smyth, Audra Strickland
NO VOTE RECORDED: Adams, Bass, Caballero, Furutani, Norby,
Silva, Tran, Yamada, Vacancy
CTW:do 5/25/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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