BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: AB 504 HEARING DATE: June 24, 2014
AUTHOR: Chesbro URGENCY: No
VERSION: April 24, 2014 CONSULTANT: Toni Lee
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Fish: sea cucumbers: transgenic fish.
BACKGROUND AND EXISTING LAW
AB 504 is an omnibus aquatic animal bill that addresses sea
cucumber fishing permits and hatchery production and stocking of
transgenic fish.
1) Sea Cucumbers
Existing law (Fish and Game Code (FGC) �8405 et seq.)
establishes a limited-entry permitting program for the sea
cucumber fishery in California. These provisions will remain in
effect until April 1, 2015 and will be repealed as of January 1,
2016.
Sea cucumbers are long, soft-bodied marine invertebrates that
feed on organic detritus and small organisms through ingesting
sediments and muds. In California, commercial fisheries exist
for two species of sea cucumber: the California or giant red sea
cucumber, Parastichopus californicus, and the warty sea cucumber
Parastichopus parvimensis. The California sea cucumber is fished
almost exclusively through diving, while the warty sea cucumber
is caught primarily through trawling. Most of the California
harvest is shipped to overseas (Hong Kong, Taiwan, mainland
China, and South Korea) or domestic Asian markets. Consumption
of sea cucumbers within many Asian communities is thought to
provide health benefits. Western medical researchers are also
investigating the efficacy of certain cucumber chemical extracts
as arthritis treatments or nutritional supplements.
In 1992, the legislature enacted a moratorium on the issuance of
sea cucumber permits and a prohibition on the transfer of
permits to encourage the study of the state of the sea cucumber
fishery. Sea cucumbers are an important part of the ocean
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ecosystem and populations are particularly vulnerable to
overfishing due to a variety of factors. AB 2628 (Ch. 585,
Stats. 1996) established a limited entry sea cucumber permitting
program in 1997, capping the maximum number of active permits in
subsequent years at the amount issued between April 1st, 1997
and March 31st, 1998 (114 diving and 36 trawl permits). This
legislation also created separate permits for sea cucumber
fishing through diving and trawling, established a permit
transfer procedure, and added a permit transfer fee.
DFW reports that in 2006, fishing revenue from the commercial
harvest of sea cucumber was $188,000 ex-vessel (pre-processed
sea cucumbers) and contributed $363,000 of business output in
California. In addition, total employment and wages from sea
cucumber that year equated to 7 jobs and $167,000, respectively.
2) Hatchery Production and Stocking of Transgenic Fish
Existing law, the Salmon, Steelhead Trout, and Anadromous
Fisheries Program Act, requires DFW to prepare and maintain a
comprehensive program for the protection and increase of salmon
and steelhead trout (FGC �6900 et seq.). Anadromous fish, those
that live in the ocean and spawn in freshwater, fill critical
ecosystem roles as both top predators and as a food source for
others. California species include salmon (Chinook, coho and, to
a lesser extent, pink, sockeye) and the steelhead form of
rainbow trout. Almost all stocks are in decline compared to
historic populations due to a variety of causes. Many species
are listed under the California Endangered Species Act (CESA)
and the federal Endangered Species Act (ESA).
California is also home to several native species of freshwater
trout including cutthroat, golden, and resident rainbow trout.
Although, again, populations of many species are declining,
several species serve as popular gamefish. In particular,
rainbow trout has become one of the most widespread hatchery
fish due to their rapid reproductive capabilities and disease
resistance. This popularity, however, has drawbacks as rainbows
can hybridize with other species (leading to the extirpation and
near extinction of native species in some locations), introduce
diseases, and compete with or consume other fish. Their large
size and history of use in science have also allowed rainbow
trout to become a model organism for carcinogenesis, toxicology,
comparative immunology, disease ecology, physiology, and
nutrition studies.
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Existing law defines "transgenic" as genetically altered by 1)
introducing DNA from another species or 2) manipulating DNA
within the organism to achieve gene addition, deletion,
doubling, or movement in the genome (14 CCR �1.92). This
definition excludes individuals containing multiple copies of
the whole genome, including triploids (three copies).
Existing law prohibits the cultivation of salmonids (including
salmon, trout, whitefish, and char), transgenic fish, and exotic
finfish in the Pacific Ocean within the jurisdiction of the
state (FGC �15007). Existing regulation does, however, allow DFW
to issue permits to import, possess, transport, rear, or
research transgenic aquatic animals, provided the animals are
maintained in closed-water systems equipped with an effluent
discharge and disinfection system that ensures against their
release (14 CCR �671.1). Release of transgenic aquatic animals
or their progeny into waters of the state is prohibited (14 CCR
�671.1(a)(8)(D)).
DFW owns and/or operates several anadromous fish and trout
hatcheries. These include ten salmon and steelhead hatcheries
serving as mitigation for spawning ground loss from dam
construction and 14 trout hatcheries used to provide stock
primarily for recreational fishing. Trout reared for
recreational stocking including rainbow, golden, cutthroat,
brown lake, and brook trout, as well as kokanee, coho, and
Chinook salmon. These species are stocked in "inland water,"
waters inaccessible to fish migrating from the ocean, for
recreational fishing opportunities. The ten DFW-operated salmon
and steelhead hatcheries rear and stock primarily Chinook, coho,
and steelhead in sea-connected waters.
Hatchery production of salmonids is associated with a number of
detrimental ecological effects. As hatchery fish exhibit reduced
survival, hybridization with wild fish can reduce the viability
of the population as a whole. While data are incomplete,
hatchery production appears to be almost entirely responsible
for the salmonid population in some reaches. Aside from
hatchery-related stocking, DFW oversees a number of additional
programs that release fish in state waters. Fish stocking has
been shown to spread disease and increase competition with and
consumption of native fish.
In 1989, the Canadian company AquaBounty genetically engineered
(GE) transgenic Atlantic salmon capable of growing to market
size (4-6 kg) a year earlier than their wild counterparts.
These AquAdvantage salmon contain DNA from Pacific Chinook
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salmon and ocean pout that elevate growth rates, allowing the
fish to reach full size faster than their wild counterparts.
Advocates tout the potential benefits of more efficient
aquaculture due to this technology.
Since 1995, AquaBounty has sought approval of their GE Atlantic
salmon from US Food and Drug Administration (FDA). The proposal
would allow the retail sale of AquAdvantage salmon in the United
States, provided the fish are grown in land-based facilities in
Panama with a number of simultaneous and redundant containment
measures (i.e. cultivation of sterile females in fenced tanks).
There are considerable environmental concerns from scientific
and nonprofit entities about how effective these containment
measures will be in practice and the risks associated with the
release of these GE fish in the wild and to wild salmonid
stocks. The public-comment period for the draft environmental
assessment ended on April 26th, 2013, marking the most recent
update on the status of the application.
In response to AquaBounty's ongoing FDA approval process, there
have been numerous unsuccessful legislative attempts to
introduce regulations to label, restrict production, or limit
import of transgenic salmonid products. Three bills (AB 791 of
2001, Strom-Martin; AB 2962 of 2002, Strom-Martin; AB 88 of
2011, Huffmann) were introduced that would have mandated the
labeling of transgenic fish products. Additionally, AB 307
(Strom-Martin, 2002) would have prohibited the importation,
transport, possession, or live release of transgenic fish
without a permit, while SB 1525 (Sher, 2002) would have
completely banned the importation of transgenic fish and related
products into California. More directly, AJR 38 (Nation, 2002)
would have urged the FDA to deny AquaBounty's petition to market
GE salmon to consumers as food and impose a moratorium on the
domestic marketing, importation, and exportation of transgenic
fish.
PROPOSED LAW
This bill:
Extends the operation of provisions governing the sea
cucumber fishery in the state until April 1, 2020 and would
repeal those provisions on January 1, 2021.
Prohibits the hatchery production, stocking, spawning,
incubation, or cultivation any transgenic salmonid in
California.
Adds clarifying language to define "transgenic" using
the current (filed May 14, 2003) reading in Section 1.92 of
Title 14 of the California Code of Regulations.
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ARGUMENTS IN SUPPORT
The Natural Resources Defense Council and the Ocean Conservancy
state that stocking California waters with transgenic fish may
increase competition with native stocks for food and habitat,
leading to significant negative impacts on wild populations. The
Northcoast Environmental Center notes that Purdue University
researchers have found that "releasing transgenic fish to the
wild could damage native populations even to the point of
extinction." In addition the North Coast Environmental Center
references a University of Gothenburg study reporting that
transgenic fish are more resistant to toxics, potentially
leading to "increased ingestion of hazardous substances by
consumers."
The Southern California Trawlers Association supports both the
ban on hatchery production and stocking of transgenic fish and
the extension of the sea cucumber permitting system. They
believe that negative effects could come through interbreeding
(despite claims that fish can be made sterile), competition for
food, predation, and the introduction of parasites and/or
diseases. Concerning the sea cucumber permitting program, the
Trawlers Association notes that sea cucumbers are "an important
part of the "portfolio" of species needed to keep our local
fishing community healthy and intact, or at a minimum, slow its
decline due to "the graying of the fleet." regulations and other
pressures on commercial fishing in the 21st Century."
ARGUMENTS IN OPPOSITION
The opposition states that this bill "completely eliminates the
ability for the Department to grant a permit under very limited
circumstances to universities or other private research
companies related to transgenic salmon." They argue that a
blanket ban on transgenic salmon would significantly impact the
ability of DFW to authorize any research or development in the
future if warranted to study the safety and benefits from these
fish even in indoor controlled settings. To address these
concerns, the opposition suggests amending the bill to reflect
current DFW regulations to allow a permit to be granted under
very strict circumstances.
COMMENTS
Sea Cucumber Permitting
1.Unless the provisions creating and guiding the sea cucumber
permitting program are extended, restraints on the commercial
fishing of sea cucumbers will become inoperative on April 1st,
2015 and will be repealed on January 1st, 2016. While this
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sunset date has been repeatedly extended in the past, it is
unknown if the current levels of fishing effort and harvest
are sustainable. DFW has recently conducted water surveys on
sea cucumber populations that will likely become available in
2015. The precautionary principle argues for extending the
sunset given the overfishing risks and potentially significant
adverse effects on the fishery and the ecosystem that could
result. If the studies reveal critically low population
levels, this legislation does not prevent the Fish and Game
Commission from adopting additional regulations necessary to
protect the resource and ensure sustainability pursuant to FGC
�8405.3.
2.The restricted access regulations imposed on the dive and
trawl sea cucumber fisheries in 1997 have contributed to a
reduction in the number of licensed harvesters engaged in sea
cucumber fishing. In 2000, there were 113 sea cucumber diving
permitees and 36 trawl sea cucumber permitees generating a
collective take of 600,875 pounds of sea cucumbers. By 2012,
83 diving and 6 trawl permitees remained, collecting a total
of 470,475 pounds. Current law also encourages a reduction in
trawl permits; Sea cucumber dive permits are not transferrable
to trawl permits, while trawl permits may remain trawl permits
or may be converted to dive permits. Trawling has been linked
to the disturbance of sea cucumber habitats.
3.Like earthworms, sea cucumbers can alter the structure of the
soils and sediments in a process called bioturbation. This
action releases nutrients trapped in sediment, reduces algal
growth, and creates habitat for other benthic organisms
through softening the seafloor. Studies have linked the
overfishing of sea cucumbers to seafloor hardening and habitat
destruction. In addition, sea cucumbers and their eggs,
larvae, and juveniles play a role in coral reef and temperate
food webs, serving as prey for fish, sea stars, sea otters,
and crustaceans. As filter feeders, sea cucumbers improve
water quality through affecting pH and reducing bacteria,
microalgae, and detritus levels.
4.Sea cucumbers exhibit sporadic recruitment (juvenile
survival), relatively high natural mortality, and slow growth,
characteristics that render these animals particularly
vulnerable to overfishing. Fishery independent data obtained
through the Channel Islands National Parks Service demonstrate
that populations of warty sea cucumber experienced peak levels
in 1990, but have shown a general decline in subsequent years.
Evidence from sea cucumber fisheries in the Torres Strait near
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Australia, the Great Barrier Reef, and the Red Sea near Egypt
demonstrate that populations may take decades to recover, even
amidst complete harvest prohibitions.
Transgenic Fish
1.Given the numerous existing threats to wild salmonid
populations, introducing an additional potential stressor may
prove contrary to the objectives of the Salmon, Steelhead
Trout, and Anadromous Fisheries Program Act.
2.As written, this bill has the potential to disrupt scientific
studies using transgenic salmonids. The author has agreed to
take amendments clarifying that scientific research using
these organisms can continue under a DFW-issued permit.
3.According to DFW, while the history of private trout
production in California is strong and extends to the 1800s,
private salmon culture has been intermittent and
insubstantial. Land-based aquaculture of salmon, has never
contributed more than 5% to the total value of the industry's
production and no commercial farmed salmon operations existed
in California as of 2008. Laboratory tests have demonstrated
that rainbow trout can be genetically enhanced for faster
growth in a similar fashion as Atlantic salmon. This bill is
sufficiently broad to provide regulatory safeguards should
genetically enhanced rainbow trout become a commercial
possibility.
4.With regards to limiting the cultivation and stocking of
transgenic fish, the bill is specific to salmonids. This bill
does not preclude those activities using other fish species.
5.According to the National Conference of State Legislatures,
although no state has banned the cultivation and stocking of
transgenic fish in state waters, four other states have passed
legislation restricting the use of these fish. In 2013, Alaska
issued a resolution urging the US Food and Drug Administration
to reconsider a preliminary finding that genetically modified
fish would not significantly impact the environment and
require labeling the fish as transgenic if the product is
approved. Maryland and Mississippi require permits for
stocking transgenic fish. In Maryland, a permit can only be
obtained if the operator can assure that the stock cannot
co-mingle with other fish stocks or be released in any body of
water. In addition to existing law, legislators in Alaska and
Oregon, exporters of wild salmon, have repeatedly (and
unsuccessfully) attempted to ban the use of transgenic fish to
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prevent contamination of wild stocks and drops in the price of
wild fish.
SUGGESTED AMENDMENTS
Add language clarifying that scientific research using
transgenic salmonids can continue under a DFW-issued permit,
provided DFW finds that the fish are kept in closed systems and
do not detrimentally affect agriculture, ocean ecosystems,
native fish and wildlife, or public health or safety.
SUPPORT
CalTrout
Golden Gate Salmon Association
National Resources Defense Council
Northcoast Environmental Center
Ocean Conservancy
Pacific Coast Federation of Fisherman's Associations
Sierra Club California
Southern California Trawlers Association
OPPOSITION
All of the following are opposed unless amended as described in
the arguments in opposition:
BayBio
BIOCOM
Biotechnology Industry Organization
California Healthcare Institute
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