California 2023 2023-2024 Regular Session

California Assembly Bill AB3220 Amended / Bill

Filed 03/21/2024

                    Amended IN  Assembly  March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3220Introduced by Assembly Member PapanFebruary 16, 2024An act to amend Section 1010 of the Fish and Game Code, relating to public lands.  add Section 1026 to the Fish and Game Code, relating to marine resources.LEGISLATIVE COUNSEL'S DIGESTAB 3220, as amended, Papan. Public lands: grazing permits. Marine resources: Department of Fish and Wildlife: authority: mariculture.Existing law establishes the Department of Fish and Wildlife and sets forth the duties of that department, which include administering various programs for the protection and conservation of fish and wildlife resources.This bill would require the department to consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other appropriate federal agencies that offer state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project that intends to operate within the state. The bill would define mariculture for the purposes of these provisions.Existing law authorizes the Department of Fish and Wildlife, by and with the approval of the Department of General Services, to sell grazing permits or otherwise dispose of excess vegetation or other products produced on lands acquired by the Department of Fish and Wildlife.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) California has the potential to become a global leader in sustainable shellfish and seaweed production and restoration, while also increasing coastal resiliency and strengthening climate change adaptation.(b) In the coming years, sustainable sources of food must become more broadly available to a growing population, even as climate change strains food supplies across the planet.(c) The oceans, coastlines, and coastal communities are disproportionately impacted by increasing carbon dioxide and other greenhouse gas emissions. These impacts include changes in water temperature, ocean acidification and deoxygenation, rising sea levels, increased storm intensity, and changes in the diversity and abundance of marine species, among other effects. Climate-driven degradation of coastal and marine ecosystems threatens the physical, economic, and food security of California communities, and weakens the ability of the ocean to provide critical ecosystem services such as food production and carbon sequestration.(d) In addition to, and partially as a result of, the impacts of global climate change, California has experienced historic and continued degradation of its ecosystems. For example, in the past decade, more than 96 percent of the bull kelp in Northern California has disappeared, and two species of abalone are now listed under the federal Endangered Species Act.(e) A diverse portfolio of well-designed and managed shellfish and seaweed operations will help support a more sustainable and resilient food supply amid changing environmental conditions, while simultaneously proving restorative in nature, reducing the impact of climate change on our coasts and oceans through ecosystem services such as carbon sequestration, water filtration, coastal defense, oxygen production, and provision of essential habitat for wild species.(f) Through Executive Orders Nos. N-82-20 and B-55-18, California has acknowledged the role natural and working lands and waters can and will play in reducing the impacts of anthropogenic climate change. Seaweed and shellfish production and restoration are among the most effective uses of natural and working marine ecosystems in providing ecosystem, water quality, and carbon sequestration benefits.(g) Innovation and experimentation are critical to advancing marine restoration in the state. In order to better engage and leverage the private sector to test and finance new marine restoration projects, new approaches are needed to expedite and harmonize permitting and approval for restoration research.(h) Demand for environmentally beneficial shellfish and seaweed projects far outpace the regulatory approval process. As a result, shellfish and seaweed activities that could benefit Californias marine habitats and ecosystems are not being implemented.(i) Recovery of depleted organisms through restoration, translocation, and reintroduction may help improve the resiliency of our coastal ocean ecosystems to climate and other anthropogenic stressors.SEC. 2. Section 1026 is added to the Fish and Game Code, to read:1026. (a) For the purposes of this section, mariculture means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine water. Mariculture does not include species of fin fish and species of ornamental marine plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.(b) The department shall consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other appropriate federal agencies that offer state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project that intends to operate within the state.SECTION 1.Section 1010 of the Fish and Game Code is amended to read:1010.The department, by and with the approval of the Department of General Services, may sell grazing permits or otherwise dispose of excess vegetation or other products produced on lands acquired by the department.

 Amended IN  Assembly  March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3220Introduced by Assembly Member PapanFebruary 16, 2024An act to amend Section 1010 of the Fish and Game Code, relating to public lands.  add Section 1026 to the Fish and Game Code, relating to marine resources.LEGISLATIVE COUNSEL'S DIGESTAB 3220, as amended, Papan. Public lands: grazing permits. Marine resources: Department of Fish and Wildlife: authority: mariculture.Existing law establishes the Department of Fish and Wildlife and sets forth the duties of that department, which include administering various programs for the protection and conservation of fish and wildlife resources.This bill would require the department to consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other appropriate federal agencies that offer state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project that intends to operate within the state. The bill would define mariculture for the purposes of these provisions.Existing law authorizes the Department of Fish and Wildlife, by and with the approval of the Department of General Services, to sell grazing permits or otherwise dispose of excess vegetation or other products produced on lands acquired by the Department of Fish and Wildlife.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 21, 2024

Amended IN  Assembly  March 21, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 3220

Introduced by Assembly Member PapanFebruary 16, 2024

Introduced by Assembly Member Papan
February 16, 2024

An act to amend Section 1010 of the Fish and Game Code, relating to public lands.  add Section 1026 to the Fish and Game Code, relating to marine resources.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 3220, as amended, Papan. Public lands: grazing permits. Marine resources: Department of Fish and Wildlife: authority: mariculture.

Existing law establishes the Department of Fish and Wildlife and sets forth the duties of that department, which include administering various programs for the protection and conservation of fish and wildlife resources.This bill would require the department to consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other appropriate federal agencies that offer state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project that intends to operate within the state. The bill would define mariculture for the purposes of these provisions.Existing law authorizes the Department of Fish and Wildlife, by and with the approval of the Department of General Services, to sell grazing permits or otherwise dispose of excess vegetation or other products produced on lands acquired by the Department of Fish and Wildlife.This bill would make a nonsubstantive change to that provision.

Existing law establishes the Department of Fish and Wildlife and sets forth the duties of that department, which include administering various programs for the protection and conservation of fish and wildlife resources.

This bill would require the department to consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other appropriate federal agencies that offer state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project that intends to operate within the state. The bill would define mariculture for the purposes of these provisions.

Existing law authorizes the Department of Fish and Wildlife, by and with the approval of the Department of General Services, to sell grazing permits or otherwise dispose of excess vegetation or other products produced on lands acquired by the Department of Fish and Wildlife.



This bill would make a nonsubstantive change to that provision.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) California has the potential to become a global leader in sustainable shellfish and seaweed production and restoration, while also increasing coastal resiliency and strengthening climate change adaptation.(b) In the coming years, sustainable sources of food must become more broadly available to a growing population, even as climate change strains food supplies across the planet.(c) The oceans, coastlines, and coastal communities are disproportionately impacted by increasing carbon dioxide and other greenhouse gas emissions. These impacts include changes in water temperature, ocean acidification and deoxygenation, rising sea levels, increased storm intensity, and changes in the diversity and abundance of marine species, among other effects. Climate-driven degradation of coastal and marine ecosystems threatens the physical, economic, and food security of California communities, and weakens the ability of the ocean to provide critical ecosystem services such as food production and carbon sequestration.(d) In addition to, and partially as a result of, the impacts of global climate change, California has experienced historic and continued degradation of its ecosystems. For example, in the past decade, more than 96 percent of the bull kelp in Northern California has disappeared, and two species of abalone are now listed under the federal Endangered Species Act.(e) A diverse portfolio of well-designed and managed shellfish and seaweed operations will help support a more sustainable and resilient food supply amid changing environmental conditions, while simultaneously proving restorative in nature, reducing the impact of climate change on our coasts and oceans through ecosystem services such as carbon sequestration, water filtration, coastal defense, oxygen production, and provision of essential habitat for wild species.(f) Through Executive Orders Nos. N-82-20 and B-55-18, California has acknowledged the role natural and working lands and waters can and will play in reducing the impacts of anthropogenic climate change. Seaweed and shellfish production and restoration are among the most effective uses of natural and working marine ecosystems in providing ecosystem, water quality, and carbon sequestration benefits.(g) Innovation and experimentation are critical to advancing marine restoration in the state. In order to better engage and leverage the private sector to test and finance new marine restoration projects, new approaches are needed to expedite and harmonize permitting and approval for restoration research.(h) Demand for environmentally beneficial shellfish and seaweed projects far outpace the regulatory approval process. As a result, shellfish and seaweed activities that could benefit Californias marine habitats and ecosystems are not being implemented.(i) Recovery of depleted organisms through restoration, translocation, and reintroduction may help improve the resiliency of our coastal ocean ecosystems to climate and other anthropogenic stressors.SEC. 2. Section 1026 is added to the Fish and Game Code, to read:1026. (a) For the purposes of this section, mariculture means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine water. Mariculture does not include species of fin fish and species of ornamental marine plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.(b) The department shall consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other appropriate federal agencies that offer state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project that intends to operate within the state.SECTION 1.Section 1010 of the Fish and Game Code is amended to read:1010.The department, by and with the approval of the Department of General Services, may sell grazing permits or otherwise dispose of excess vegetation or other products produced on lands acquired by the department.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:(a) California has the potential to become a global leader in sustainable shellfish and seaweed production and restoration, while also increasing coastal resiliency and strengthening climate change adaptation.(b) In the coming years, sustainable sources of food must become more broadly available to a growing population, even as climate change strains food supplies across the planet.(c) The oceans, coastlines, and coastal communities are disproportionately impacted by increasing carbon dioxide and other greenhouse gas emissions. These impacts include changes in water temperature, ocean acidification and deoxygenation, rising sea levels, increased storm intensity, and changes in the diversity and abundance of marine species, among other effects. Climate-driven degradation of coastal and marine ecosystems threatens the physical, economic, and food security of California communities, and weakens the ability of the ocean to provide critical ecosystem services such as food production and carbon sequestration.(d) In addition to, and partially as a result of, the impacts of global climate change, California has experienced historic and continued degradation of its ecosystems. For example, in the past decade, more than 96 percent of the bull kelp in Northern California has disappeared, and two species of abalone are now listed under the federal Endangered Species Act.(e) A diverse portfolio of well-designed and managed shellfish and seaweed operations will help support a more sustainable and resilient food supply amid changing environmental conditions, while simultaneously proving restorative in nature, reducing the impact of climate change on our coasts and oceans through ecosystem services such as carbon sequestration, water filtration, coastal defense, oxygen production, and provision of essential habitat for wild species.(f) Through Executive Orders Nos. N-82-20 and B-55-18, California has acknowledged the role natural and working lands and waters can and will play in reducing the impacts of anthropogenic climate change. Seaweed and shellfish production and restoration are among the most effective uses of natural and working marine ecosystems in providing ecosystem, water quality, and carbon sequestration benefits.(g) Innovation and experimentation are critical to advancing marine restoration in the state. In order to better engage and leverage the private sector to test and finance new marine restoration projects, new approaches are needed to expedite and harmonize permitting and approval for restoration research.(h) Demand for environmentally beneficial shellfish and seaweed projects far outpace the regulatory approval process. As a result, shellfish and seaweed activities that could benefit Californias marine habitats and ecosystems are not being implemented.(i) Recovery of depleted organisms through restoration, translocation, and reintroduction may help improve the resiliency of our coastal ocean ecosystems to climate and other anthropogenic stressors.

SECTION 1. The Legislature finds and declares all of the following:(a) California has the potential to become a global leader in sustainable shellfish and seaweed production and restoration, while also increasing coastal resiliency and strengthening climate change adaptation.(b) In the coming years, sustainable sources of food must become more broadly available to a growing population, even as climate change strains food supplies across the planet.(c) The oceans, coastlines, and coastal communities are disproportionately impacted by increasing carbon dioxide and other greenhouse gas emissions. These impacts include changes in water temperature, ocean acidification and deoxygenation, rising sea levels, increased storm intensity, and changes in the diversity and abundance of marine species, among other effects. Climate-driven degradation of coastal and marine ecosystems threatens the physical, economic, and food security of California communities, and weakens the ability of the ocean to provide critical ecosystem services such as food production and carbon sequestration.(d) In addition to, and partially as a result of, the impacts of global climate change, California has experienced historic and continued degradation of its ecosystems. For example, in the past decade, more than 96 percent of the bull kelp in Northern California has disappeared, and two species of abalone are now listed under the federal Endangered Species Act.(e) A diverse portfolio of well-designed and managed shellfish and seaweed operations will help support a more sustainable and resilient food supply amid changing environmental conditions, while simultaneously proving restorative in nature, reducing the impact of climate change on our coasts and oceans through ecosystem services such as carbon sequestration, water filtration, coastal defense, oxygen production, and provision of essential habitat for wild species.(f) Through Executive Orders Nos. N-82-20 and B-55-18, California has acknowledged the role natural and working lands and waters can and will play in reducing the impacts of anthropogenic climate change. Seaweed and shellfish production and restoration are among the most effective uses of natural and working marine ecosystems in providing ecosystem, water quality, and carbon sequestration benefits.(g) Innovation and experimentation are critical to advancing marine restoration in the state. In order to better engage and leverage the private sector to test and finance new marine restoration projects, new approaches are needed to expedite and harmonize permitting and approval for restoration research.(h) Demand for environmentally beneficial shellfish and seaweed projects far outpace the regulatory approval process. As a result, shellfish and seaweed activities that could benefit Californias marine habitats and ecosystems are not being implemented.(i) Recovery of depleted organisms through restoration, translocation, and reintroduction may help improve the resiliency of our coastal ocean ecosystems to climate and other anthropogenic stressors.

SECTION 1. The Legislature finds and declares all of the following:

### SECTION 1.

(a) California has the potential to become a global leader in sustainable shellfish and seaweed production and restoration, while also increasing coastal resiliency and strengthening climate change adaptation.

(b) In the coming years, sustainable sources of food must become more broadly available to a growing population, even as climate change strains food supplies across the planet.

(c) The oceans, coastlines, and coastal communities are disproportionately impacted by increasing carbon dioxide and other greenhouse gas emissions. These impacts include changes in water temperature, ocean acidification and deoxygenation, rising sea levels, increased storm intensity, and changes in the diversity and abundance of marine species, among other effects. Climate-driven degradation of coastal and marine ecosystems threatens the physical, economic, and food security of California communities, and weakens the ability of the ocean to provide critical ecosystem services such as food production and carbon sequestration.

(d) In addition to, and partially as a result of, the impacts of global climate change, California has experienced historic and continued degradation of its ecosystems. For example, in the past decade, more than 96 percent of the bull kelp in Northern California has disappeared, and two species of abalone are now listed under the federal Endangered Species Act.

(e) A diverse portfolio of well-designed and managed shellfish and seaweed operations will help support a more sustainable and resilient food supply amid changing environmental conditions, while simultaneously proving restorative in nature, reducing the impact of climate change on our coasts and oceans through ecosystem services such as carbon sequestration, water filtration, coastal defense, oxygen production, and provision of essential habitat for wild species.

(f) Through Executive Orders Nos. N-82-20 and B-55-18, California has acknowledged the role natural and working lands and waters can and will play in reducing the impacts of anthropogenic climate change. Seaweed and shellfish production and restoration are among the most effective uses of natural and working marine ecosystems in providing ecosystem, water quality, and carbon sequestration benefits.

(g) Innovation and experimentation are critical to advancing marine restoration in the state. In order to better engage and leverage the private sector to test and finance new marine restoration projects, new approaches are needed to expedite and harmonize permitting and approval for restoration research.

(h) Demand for environmentally beneficial shellfish and seaweed projects far outpace the regulatory approval process. As a result, shellfish and seaweed activities that could benefit Californias marine habitats and ecosystems are not being implemented.

(i) Recovery of depleted organisms through restoration, translocation, and reintroduction may help improve the resiliency of our coastal ocean ecosystems to climate and other anthropogenic stressors.

SEC. 2. Section 1026 is added to the Fish and Game Code, to read:1026. (a) For the purposes of this section, mariculture means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine water. Mariculture does not include species of fin fish and species of ornamental marine plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.(b) The department shall consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other appropriate federal agencies that offer state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project that intends to operate within the state.

SEC. 2. Section 1026 is added to the Fish and Game Code, to read:

### SEC. 2.

1026. (a) For the purposes of this section, mariculture means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine water. Mariculture does not include species of fin fish and species of ornamental marine plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.(b) The department shall consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other appropriate federal agencies that offer state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project that intends to operate within the state.

1026. (a) For the purposes of this section, mariculture means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine water. Mariculture does not include species of fin fish and species of ornamental marine plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.(b) The department shall consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other appropriate federal agencies that offer state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project that intends to operate within the state.

1026. (a) For the purposes of this section, mariculture means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine water. Mariculture does not include species of fin fish and species of ornamental marine plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.(b) The department shall consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other appropriate federal agencies that offer state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project that intends to operate within the state.



1026. (a) For the purposes of this section, mariculture means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine water. Mariculture does not include species of fin fish and species of ornamental marine plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.

(b) The department shall consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other appropriate federal agencies that offer state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project that intends to operate within the state.





The department, by and with the approval of the Department of General Services, may sell grazing permits or otherwise dispose of excess vegetation or other products produced on lands acquired by the department.