BILL ANALYSIS
SJR 18
Page 1
Date of Hearing: April 27, 2010
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
SJR 18 (Simitian) - As Amended: April 6, 2010
SENATE VOTE : 23-11
SUBJECT : Marine aquaculture
SUMMARY : Urges US Congress to develop a federal regulatory
framework for marine aquaculture that undergoes complete
environmental review and is at least as protective as that
codified in California's Sustainable Oceans Act to address
environmental and economic concerns.
Specifically, this bill :
1)Requests that the Congress of the United States develop a
comprehensive federal regulatory framework for marine
aquaculture that undergoes complete environmental review and
is at least as protective as the framework codified in
California's Sustainable Oceans Act.
2)Notes that the Legislature opposes any expansion of marine
aquaculture off the Pacific Coast without such a regulatory
framework in place.
3)Notes that the Legislature also opposes any federal policies
and legislation that would weaken California's role in
permitting decisions regarding marine aquaculture.
4)States a number of findings in support of the request,
including
a) the importance and value of California's ocean
waters and marine life,
b) the potential threat to these values from
unregulated marine aquaculture, but also the potential
value of responsible marine aquaculture
c) the unique importance of the Sustainable Oceans Act
in regulating marine aquaculture, the state's interest in
marine aquaculture in federal waters off the California
coast, and the potential dangers in permitting marine
aquaculture without a comprehensive federal regulatory
framework.
SJR 18
Page 2
EXISTING LAW : SB 201 (Simitian, Chapter 36, Statutes of 2006),
the Sustainable Oceans Act, requires a lease from the Fish and
Game Commission be obtained in order to practice marine finfish
aquaculture. Prior to issuing a lease, the Department of Fish
and Game (DFG) is required to prepare a programmatic
environmental impact report (PEIR) for existing and potential
commercial aquaculture in the state's costal and inland areas.
The Act requires DFG to consider multiple factors in the PEIR,
such as the effects of escaped fish on wild stocks, the effects
on ocean and coastal habitats, the effects of fish feed and fish
meal, and the appropriate design of facilities and farming
practices to avoid adverse environmental impacts. The intent
behind requiring a PEIR was to examine the impact of marine
aquaculture on a state-wide basis.
FISCAL EFFECT : Nonfiscal
COMMENTS : Fish farming in the ocean - also known as "marine
aquaculture" - has expanded greatly in recent years, and
large-scale aquaculture operations are beginning to be located
in deeper waters - the US "federal waters" - among other places,
off the California coast. This change from small operations to
large ones has been compared to the replacement of small family
farms with large industrial farms on land, with environmental
problems similar to those caused by large animal operations on
land now appearing with fish farming in the ocean.
Large scale open-ocean aquaculture presents a number of
potential environmental impacts, including over-using fishmeal
feed (made from wild-caught fish, thus depleting the stocks),
concentrating excessive amounts of fish waste on the ocean
floor, introducing exotic fish into the ecosystem (when farmed
fish escape) as well as disease and parasites (which multiply in
crowded fish pens), and releasing antibiotics or other chemicals
(sometimes used to control diseases) into the water.
Nevertheless, with many ocean fish stocks depleted from past
overfishing, marine aquaculture offers one possible means of
providing sustainable seafood. With appropriate management -
such as the integrated multi-trophic aquaculture, which combines
fish pens with shellfish, seaweed, and lobster-farming
operations - fish farms have the potential to provide a revenue
source for coastal communities while contributing to the
recovery of depleted wild fish stocks. And because this
SJR 18
Page 3
industry is still developing, the bill sponsor points out, this
is the time to "get it right" from the beginning, by creating a
regulatory framework that prevents development of serious
environmental problems while allowing for growth of aquaculture.
The current California law on marine aquaculture (SB 201,
Simitian, 2006) contains substantial environmental protections.
First, it requires that a programmatic environmental impact
report be prepared to provide a framework for managing marine
finfish aquaculture in an environmentally sustainable manner,
and so that state-wide effects of aquaculture can be
appropriately evaluated. In addition, the law sets a number of
standards, including requiring best management practices,
environmental and water quality monitoring, reducing the use of
fish meal and fish oil (for feed) as well as chemicals and
antibiotics, protecting public trust values, wildlife, habitats,
and fishing, and specifically prohibits adverse cumulative
impacts of aquaculture operations.
There is no comparable federal regulation at present, and
because aquaculture is fundamentally different from fishing, the
current federal laws (which were designed to regulate fishing,
e.g. the Magnuson-Stevens Act) are inappropriate for managing
the growing aquaculture industry. This resolution would request
that US Congress develop a comprehensive framework that is
appropriate for regulating this expanding industry.
REGISTERED SUPPORT / OPPOSITION :
Support
Ocean Conservancy (sponsor).
Sierra Club California.
Opposition
None on file.
Analysis Prepared by : Igor Lacan / W., P. & W. / (916)
319-2096