CALIFORNIA POLICY UPDATE

APRIL 2011

COMPASS provides this newsletter to alert California-based marine scientists to relevant policy developments and
opportunities. If you want more information, have items to contribute, or have comments about the newsletter,
contact Toni Mizerek at tmizerek@compassonline.org or 831-648-7988.

KEY EVENTS STATE LEGISLATURE STATE AGENCIES CONGRESS FEDERAL AGENCIES

KEY EVENTS
Upcoming Recent

May 4-5 - Fish and Game Commission April 6-7 - Fish and Game Commission
Location: Ontario Location: Folsom
http://www.fgc.ca.gov/meetings/ http://www.fgc.ca.gov/meetings/
2011/2011mtgs.asp 2011/2011mtgs.asp

May 11-13 - CA Coastal Commission April 13-14 - CA Coastal Commission

Location: Santa Rosa Location: Santa Barbara
http://www.coastal.ca.gov/mtgcurr.html http://www.coastal.ca.gov/meetings/mtg-
mm11-4.html
May 12 - CA Ocean Protection Council
Location: Morro Bay April 21 - Fish and Game Commission
http://www.opc.ca.goc/category/meetings Location: Teleconference
http://www.fgc.ca.gov/meetings/
May 19 - CA State Coastal Conservancy 2011/2011mtgs.asp
Location: Oakland
http://www.scc.ca.goc/

To learn more about the California State Coastal

Conservancy, see Making Connections on the following
page. This section is intended to give you some
background information on our state agencies.
 MAKING CONNECTIONS
California State Coastal Conservancy .
http://scc.ca.gov/

History
The California Legislature created the State Coastal Conservancy (SCC) in 1976 to use non-
regulatory, entrepreneurial techniques to purchase, protect, restore, and enhance the state’s coastal,
marine, and San Francisco Bay Area resources, and to provide access to the shore. In concert with
two regulatory agencies, the California Coastal Commission and the San Francisco Bay Conservation
and Development Commission (BCDC), the SCC implements California’s federally approved coastal
management program. The SCC also administers and supports the Ocean Protection Council
(highlighted here in Feb).
Vision: A beautiful, restored, and accessible coastline
Who
The SCC has a staff of about 75 people with training in law, science, policy, finance, and project
management. The staff is led by an executive officer and two deputy executive officers.

A seven-member board of directors governs the SCC. The board consists of the Secretary for Natural
Resources, the Director of the Department of Finance, and the Chair of the California Coastal
Commission, as well as four members of the public, who are appointed by the Governor, Assembly,
and Senate. Six state legislators participate in and provide oversight to the SCC’s activities.

Responsibilities
The SCC uses flexible grant-making, contracting, and property transaction powers to pursue
California’s long-term coastal management goals. Unlike the Coastal Commission or BCDC, which use
regulatory powers to achieve these goals, the SCC serves as a creative intermediary among
government, citizens, and the private sector. The SCC’s responsibilities include:

• Protecting and restoring coastal and marine water quality and wildlife habitats
• Enhancing coastal resources that “have suffered loss of natural and scenic values”
• Developing public accessways to and along the coast and around San Francisco Bay
• Protecting, restoring and enhancing coastal agricultural lands and land uses
• Using grants to facilitate the restoration of areas that are “adversely affecting the coastal
environment or impeding orderly development”
• Restoring urban waterfronts
• Reserving “significant coastal resource sites” for public use and enjoyment

The SCC may award grants to public agencies and certain 501(c)(3) nonprofit organizations.
Examples of recent projects include: supporting wetland restoration in South Coast watersheds and
San Francisco Bay; coordinating local, state, and federal agencies in joint projects that eliminate
invasive Spartina species from San Francisco and Humboldt bays; funding the extension and
improvement of the California Coastal Trail; and funding and overseeing a sediment fate and
transport study for the Tijuana Estuary.

How to get involved (May 19, see Key Events above)

SCC meetings take place semi-monthly. You can participate by attending meetings and providing
public comment: http://scc.ca.gov/category/public-meetings/. You can also contact one of the SCC’s
regional managers: http://scc.ca.gov/about/contact/

Thanks to Matt Armsby at the Center for Ocean Solutions for research and writing support.
STATE LEGISLATURE
State Parks: AB 42
Assemblymember Huffman
March 22, Referred to Appropriations Committee
This bill would authorize the Department of Parks and Recreation to enter into contracts with qualified
nonprofit organizations to assist with state park operations. For the bill description, search for AB42 at
http://www.leginfo.ca.gov.

Food Labeling: Genetically Engineered Food. AB 88

Assemblymember Huffman
March 22, Referred to Committee on Health
This bill would provide that food is misbranded if the food is a genetically engineered fish or fish
product, as defined, and its labeling does not conspicuously identify the fish or fish product as
genetically engineered. For the bill description, search for AB88 at http://www.leginfo.ca.gov.

Ocean Resources: Ocean Protection Council: Sustainable Seafood. AB 337

Assemblymember Monning
April 14, Passed Assembly, to Senate Committee on Rules for assignment
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. For the bill description, search for AB337 at http://www.leginfo.ca.gov.

Shark Fins: AB 376

Assemblymember Fong
April 7, Passed Appropriations Committee. To Assembly Floor, 3rd reading
This bill would prohibit the sale, trade, distribution and possession of shark fins in the state of
California. The bill includes exemptions for institutions which are engaged in permitted research
activities regarding sharks, as well as for legal commercial and recreational shark fisheries in
California. For the bill description, search for AB376 at http://www.leginfo.ca.gov.

Marine Fisheries: Forage Species. AB 1299

Assemblymember Huffman
April 12, Referred to Appropriations Committee
This bill would recognize the value of forage species in the ocean, require that any new fishery
regulations for forage species account for their value as prey, prevent new fisheries from developing on
currently unexploited forage species, and prioritize human consumption of forage species over their
use as animal feed or fertilizer. For the bill description, search for AB1299 at http://
www.leginfo.ca.gov.
STATE AGENCIES
Marine Life Protection Act (MLPA) Initiative
North Coast Region - California/Oregon border to Alder Creek
In February, the Fish and Game Commission received the Science Advisory Team’s analysis, the
Department of Fish and Game’s (DFG) feasibility analysis, the Department of Parks and Recreation’s
evaluation, and recommendations from the Blue Ribbon Task Force for the north coast study region.

Five regions in California are working to establish a statewide network of Marine Protected Areas
(MPAs). Each Regional Stakeholder Group designs MPA proposals for a study region. Once MPA
proposals are completed they undergo scientific and policy review, and are ultimately approved
or denied by the California Fish and Game Commission, which is the final decision making body
in the MLPA process. Regulations have been adopted on the central, north-central, and south
coast. The planning process has just been completed on the north coast. San Francisco Bay has
yet to embark on the process.

MLPA staff addressed shortcomings identified in the DFG feasibility analysis and reported at the April
Fish and Game Commission (FGC) meeting. During the June meeting, the FGC will select a proposed
project and the regulatory and environmental review process will be initiated.

Draft South Coast MPA Monitoring Plan - Open for Comment

The MPA Monitoring Enterprise (a program of the California Ocean Science Trust) and the California
Department of Fish and Game released the Draft South Coast MPA Monitoring Plan (Draft Plan) for
public comment.

The Draft Plan, prepared by the Monitoring Enterprise in collaboration with DFG, and is designed to
ensure that MPA monitoring in the region will meet the requirements of the MLPA. This includes
evaluating the performance of the South Coast regional MPA network against the MLPA goals to inform
future MPA management decisions, thereby facilitating adaptive MPA management. The Draft Plan was
developed through a consultative process with scientists, stakeholders and the public in the south
coast region.

The Monitoring Enterprise is seeking public comment to improve the Draft Plan. The Draft Plan can be
downloaded as a pdf file from the Monitoring Enterprise South Coast webpage. Copies are available at
a variety of locations in the south coast region. Limited print copies are also available upon request.

Comments are due by 5:00pm PDT on Friday, May 27th and can be submitted via:
1. An online comment form
2. Email: mpamonitoring@calost.org
3. Mail: MPA Monitoring Enterprise - Plan Comments
California Ocean Science Trust
1330 Broadway, Suite 1135
Oakland, CA 94612
CONGRESS
Coral Reef Conservation Amendments Act of 2011. S. 46
Jan 25: Introduced by Senator Inouye (HI)
Referred to Senate Committee on Commerce, Science, and Transportation
This bill would amend the Coral Reef Conservation Act of 2000 to direct the Secretary of Commerce to
submit to Congress a national coral reef ecosystem action strategy. http://thomas.loc.gov/cgi-bin/
query/z?c112:S.46:

Marine and Hydrokinetic Renewable Energy Promotion Act of 2011. S. 630

Mar 17: Introduced by Senator Murkowski (AK)
Mar 31: Referred to the Committee on Energy and Natural Resources
The bill would authorize the Department of Energy to expand its research and development on marine
and hydrokinetic renewable energy. http://thomas.loc.gov/cgi-bin/query/z?c112:S.630:

West Coast Ocean Protection Act. S. 171

Jan 25: Introduced by Senator Boxer (CA)
Referred to the Committee on Energy and Natural Resources
A bill to amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore
drilling on the outer Continental Shelf off the coast of California, Oregon, and Washington. http://
thomas.loc.gov/cgi-bin/query/z?c112:S.171

Coral Reef Conservation Act Reauthorization and Enhancement Amendments of

2011. H.R. 738
Feb 16: Introduced by Representative Bordallo (GU)
Feb 18: Referred to Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs
This bill would extend the award of remaining coral reef conservation program grant funds to
appropriate projects, including monitoring and assessment, research, pollution reduction, education,
and technical support. Authorizes actions to: (1) minimize injury to a coral reef or loss of an ecosystem
function resulting from human activities; and (2) stabilize, repair, or restore the reef. http://
thomas.loc.gov/cgi-bin/query/z?c112:H.R.738:

Gulf of the Farallones and Cordell Bank National Marine Sanctuary Boundary
Modification and Protection Act. H.R. 192
Jan 5: Introduced by Representative Woolsey (CA)
Jan 26: Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs
This bill would make certain adjustments to expand the boundaries of the Farallones National Marine
Sanctuary (NMS) and the Cordell Bank NMS . http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.192:

Endangered Salmon Predation Prevention Act. H.R. 496

Mar 8: Introduced by Representative Hastings (WA)
Mar 10: Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs
This bill would amend the Marine Mammal Protection Act of 1972 to reduce predation on endangered
Columbia River salmon. http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.501:

Implementing the recommendations of the BP Oil Spill Commission Act of 2011.

H.R. 501
Jan 26: Introduced by Representative Markey (MA)
Feb 25: Referred to the Subcommittee on Workforce Protections
This bill would build on the spill response bill passed by the House last year, updated to implement the
recommendations of the commission. http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.501:
Coastal Jobs Creation Act. H.R. 594
Feb 9: Introduced by Representative Pallone (NJ)
Feb 18: Referred to the Subcommittee on Energy and Environment
Directs the Secretary of Commerce to implement a Coastal Jobs Creation Grant Program which shall
include: (1) Cooperative research to collect and compile economic and social data related to
recreational and commercial fisheries management; (2) establishment and implementation of state
recreational fishing registry programs; (3) training and deploying observers authorized or required
under the Magnuson-Stevens Fishery Conservation and Management Act; (4) preservation or
restoration of coastal resources identified for their conservation, recreational, ecological, historic, or
aesthetic values; (5) redevelopment of deteriorating and underutilized working waterfronts and ports;
(6) research to develop, test, and deploy innovations and improvements in coastal and ocean
observation technologies; and (7) cooperative research to collect data to improve, supplement, or
enhance fishery and marine mammal stock assessments. http://thomas.loc.gov/cgi-bin/query/z?
c112:H.R.594:

Marine Debris Act Reauthorization Amendments of 2011. H.R. 1171

Mar 17: Introduced by Representative Farr (CA)
Mar 21: Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs
The bill would reauthorize and amend the Marine Debris Research, Prevention, and Reduction Act.
http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.1171:

Department of Defense and Full-Year Continuing Appropriations Act, 2011.

H.R. 1473 (Continuing Resolution)
The Continuing Resolution funds the government through September 2011, it includes a total of
$1.049 trillion in funding while cutting $39.9 billion from current spending levels.

Commerce, Justice, Science: The Commerce, Justice, Science section of the Continuing Resolution
(CR) contains a total of $53.4 billion, a 17% – or $10.9 billion – reduction from fiscal year 2010
levels, and a reduction of 12% – or $7.1 billion – from the President’s fiscal year 2011 request.
• NOAA’s Operations, Research and Facilities line is reduced by $119 million from FY 2010
enacted levels, and the Procurement, Acquisition, and Construction line is reduced by $23
million. It also prohibits funding for the establishment of a NOAA Climate Service and the
approval of new fisheries catch-share programs in certain fisheries.
Energy and Water: The Energy and Water section is funded at $31.8 billion in the CR. This is a 10% –
or $3.6 billion – reduction from the President’s fiscal year 2011 request, and a 5% – or $1.7 billion –
reduction from fiscal year 2010 levels.

FEDERAL AGENCIES

Draft National Aquaculture Policies - Comments being reviewed

The Department of Commerce (DOC) released a draft national aquaculture policy that supports
sustainable aquaculture in the United States. The intent is to guide DOC's actions and decisions on
aquaculture and to provide a national approach for supporting sustainable aquaculture. The National
Oceanic and Atmospheric Administration (NOAA) also released their draft aquaculture policy via a
separate Federal Register Notice. The draft policies, which respond to public input submitted to NOAA
during multiple listening sessions held in 2010, are intended to guide NOAA’s actions and decisions on
aquaculture and to provide a national approach for supporting sustainable commercial production,
expanding restoration aquaculture, and researching and developing new technologies. The public
comment period ended on April 11, 2011 and NOAA is currently reviewing the input. If you would like
to read the policies, view the press release, or read the public comments, visit: http://
www.nmfs.noaa.gov/aquaculture/policy2/
National Ocean Policy (NOP) Strategic Action Plans - Comments under review
As part of President Obama’s commitment to move toward the first comprehensive national policy for
our oceans, the National Ocean Council (NOC) is responsible for developing strategic action plans to
achieve nine priority objectives that address some of the most pressing challenges facing the ocean,
our coasts, and the Great Lakes. To better help inform the strategic action plans, NOC solicited
comments on priority objectives that are now under review.

The NOC plans to release the draft strategic action plans in

the summer of 2011, at which time the Council will provide
an additional opportunity for public comments. The   public   is   invited   to   participate   in   the  
workshop   on   June   21.   A   webinar   will   be  
A National CMSP Workshop and Simulation Exercise will be held   for   those   who   cannot   attend   in  
held in Washington D.C. June 21-23, 2011, followed by nine p e r s o n .   I n p u t   f r o m   t h e   s c i e n t i fi c  
additional one or two day regional workshops. visit: http:// community   is   especially   encouraged.    
www.whitehouse.gov/administration/eop/oceans Check  the  website  for  registration  details

Climate Assessment Advisory Committee - First meeting

The Climate Assessment Advisory Committee met to plan the nation’s next National Climate
Assessment which synthesizes the latest science and information about current and future impacts of
climate change across the United States. The committee will function as an advisory body to the U.S.
Global Change Research Program (USGCRP), acting through NOAA. It expects to complete an
assessment by June 2013. It will be open to the public for review and comment. http://
www.commerce.gov/news/press-releases/2011/04/04/department-commerce-appoints-and-convenes-
first-climate-assessment-ad.

Additional Updates
Ocean Acidification Task Force - Report released
The Ocean Research and Resources Advisory Panel (ORRAP), Ocean Acidification Task Force
(OATF) released their “Summary of Work Completed and Recommendations for ORRAP to
convey to the Interagency Working Group on Ocean Acidification”. The report adds to the
National Research Council’s report “Ocean Acidification: A National Strategy to Meet the
Challenges of a Changing Ocean”. Some of the OATF recommendations include:
• Improving effective communication about Ocean Acidification research and its relevance
to society
• The need for more science should be focused on the development of sensors for
physical, chemical and biological variables. There should also be an explicit goal for
observational, experimental and modeling studies to include entire food webs and the
biogeochemical cycles that support them
• A permanent, national, interagency cyberinfrastructure system that ties together, or
stores in a few places, all relevant data archives relevant to ocean acidification
To read the report including the other recommendations, visit: http://www.nopp.org/wp-
content/uploads/2010/03/OATF-REPORT-FINAL-4-21-11.pdf

National Research Council - Report released

A committee convened by the National Research Council’s Ocean Studies Board released their
report “Critical Infrastructure for Ocean Research and Societal Needs in 2030”. The committee
identified research questions anticipated to be at the forefront of ocean science in 2030 that
fall under four themes: enabling stewardship of the environment; protecting life and property;
promoting economic vitality; and increasing fundamental scientific understanding.