BILL NUMBER: AB 337	INTRODUCED
	BILL TEXT


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, as introduced, 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 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 exempt from the provisions of
the Administrative Procedure Act regarding public participation in
the procedure for adoption of regulations.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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 must 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 exempt from the
provisions of Article 5 (commencing with Section 11346) of Chapter
3.5 of Part 1 of Division 3 of Title 2 of the Government Code.