BILL NUMBER: AB 337	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 18, 2011
	PASSED THE ASSEMBLY  AUGUST 22, 2011
	AMENDED IN SENATE  JUNE 20, 2011
	AMENDED IN ASSEMBLY  MARCH 25, 2011

INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 10, 2011

   An act to amend Section 35617 of the Public Resources Code,
relating to ocean resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 337, Monning. Ocean resources: Ocean Protection Council:
sustainable seafood.
   The California Ocean Protection Act establishes the Ocean
Protection Council in state government. Existing law requires the
council to develop and implement a specified voluntary sustainable
seafood promotion program. The program would, among other things,
consist of a protocol, which is required to be developed in a
transparent process and adopted by the council in a public meeting,
to guide entities on how to be independently certified to
internationally accepted standards for sustainable seafood, as
defined, a marketing assistance program, and a competitive grant and
loan program. It would prohibit seafood produced through aquaculture
or fish farming from being certified as sustainable under these
provisions until nationally or internationally accepted
sustainability standards have been developed and implemented.
   The Administrative Procedure Act generally sets forth the
requirements for the adoption, publication, review, and
implementation of regulations by state agencies.
   This bill would provide that the voluntary sustainable seafood
program, each component of the program, and actions taken by the
council to implement the program are not regulations for the purposes
of the Administrative Procedure Act. The bill would expressly
require that any substantive amendments or revisions to the protocol
be developed in a transparent process and adopted by the council in a
public meeting.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 35617 of the Public Resources Code is amended
to read:
   35617.  (a) The Ocean Protection Council shall develop and
implement a voluntary sustainable seafood promotion program for the
state.
   (b) The program shall consist of all of the following:
   (1) A protocol to guide entities on how to be independently
certified to internationally accepted standards for sustainable
seafood. The protocol and any substantive amendments or revisions to
the protocol shall be developed in a transparent process and adopted
by the council in a public meeting. The council shall identify in a
public document that the provisions of subdivision (c) of Section
35550 have been met.
   (2) (A) A marketing assistance program for seafood caught in
California that is independently certified to internationally
accepted standards for sustainable seafood. The council shall consult
with the Department of Food and Agriculture in implementing this
paragraph.
   (B) Consistent with subparagraph (A), the marketing assistance
program shall consist of competitive grants and loans for discrete
and limited activities to benefit participants in the fishing
industry in California.
   (3) A competitive grant and loan program, only in years in which
funds are appropriated by the Legislature to the California Ocean
Protection Trust Fund, for eligible entities, including, but not
limited to, fishery groups and associations, for the purpose of
assisting California fisheries in qualifying for certification to
internationally accepted standards for sustainable seafood. This
program may be implemented in coordination with other state and
private programs to maximize its effectiveness.
   (4) The design of a label or labels that may be used exclusively
to identify seafood caught in California that is certified to
internationally accepted standards as sustainable seafood.
   (c) Seafood produced through aquaculture or fish farming shall not
be certified as sustainable under this division until nationally or
internationally accepted sustainability standards have been developed
and implemented.
   (d) The program, each component of the program, and actions taken
by the council to implement the program are based upon voluntary
actions initiated by entities pursuant to this section and are not
regulations as defined in Section 11342.600 of the Government Code.