Chapter 3Ocean Protection Council

Section § 35600

Explanation

The Ocean Protection Council is a group in California's government. It includes top officials from environmental and resource agencies and two public members picked by the Governor.

The public members serve four-year terms, can be reappointed once, and are chosen for their education and experience with coastal and ocean conservation. One of them must have a scientific background related to these ecosystems.

Most council members don't get paid but can be reimbursed for necessary expenses and are paid $100 daily when doing council work, up to 25 days a year, as long as these costs aren't covered by another agency.

(a)CA Public Resources Code § 35600(a) The Ocean Protection Council is established in state government. The council consists of the Secretary of the Natural Resources Agency, the Secretary for Environmental Protection, the Chair of the State Lands Commission, and two members of the public appointed by the Governor.
(b)CA Public Resources Code § 35600(b) The two public members shall each serve a term of four years, and may each be reappointed to one additional term. The public members of the board shall be appointed on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience in the protection and conservation of coastal waters and ocean ecosystems. One of the public members shall have a scientific professional background and experience in coastal and ocean ecosystems.
(c)CA Public Resources Code § 35600(c) Except as provided in this section, members of the council shall serve without compensation. A member shall be reimbursed for actual and necessary expenses incurred in the performance of his or her duties, and in addition shall be compensated at one hundred dollars ($100) for each day during which the member is engaged in the performance of official duties of the council. Payment for actual and necessary expenses shall be paid only to the extent that those expenses are not provided or payable by another public agency. The total number of days for which a member shall be compensated may not exceed 25 days in any one fiscal year.
Ocean Protection Council public members Governor appointment coastal waters conservation ocean ecosystems scientific professional background compensation expenses reimbursement council duties term limits Natural Resources Agency Environmental Protection State Lands Commission fiscal year limits
(Amended by Stats. 2013, Ch. 356, Sec. 30. (SB 96) Effective September 26, 2013.)

Section § 35605

Explanation

This section outlines the leadership structure of a specific council within the Natural Resources Agency. The Secretary of the Natural Resources Agency is the chairperson, while the Secretary for Environmental Protection is the vice chairperson. Additionally, the Assistant Secretary for Coastal Matters is appointed as the Deputy Secretary for Ocean and Coastal Policy and also acts as the executive director of the council.

The Secretary of the Natural Resources Agency shall serve as the chairperson of the council, and the Secretary for Environmental Protection shall serve as the vice chairperson of the council. The Assistant Secretary for Coastal Matters at the Natural Resources Agency shall be designated as the Deputy Secretary of the Natural Resources Agency for Ocean and Coastal Policy, and the deputy secretary shall also serve as the executive director for the council.
Natural Resources Agency council leadership Secretary of the Natural Resources Agency Secretary for Environmental Protection Assistant Secretary for Coastal Matters Deputy Secretary for Ocean and Coastal Policy executive director of council ocean policy coastal policy environmental leadership council structure agency leadership roles
(Amended by Stats. 2013, Ch. 356, Sec. 31. (SB 96) Effective September 26, 2013.)

Section § 35610

Explanation

This law specifies that one member each from the California Senate and Assembly will join the council as nonvoting, ex officio members. The Senate member is chosen by the Senate Committee on Rules, while the Assembly member is selected by the Speaker of the Assembly.

One Member of the Senate, appointed by the Senate Committee on Rules, and one Member of the Assembly, appointed by the Speaker of the Assembly, shall meet with the council as nonvoting, ex officio members.
nonvoting members ex officio council meeting Senate member appointment Assembly member appointment Senate Committee on Rules Speaker of the Assembly legislative appointments California Senate California Assembly council involvement legislative participation government council state legislative members council representation
(Added by Stats. 2004, Ch. 719, Sec. 1. Effective January 1, 2005.)

Section § 35612

Explanation

This law states that the council's meetings must be accessible to the public. Additionally, the council is allowed to organize events like conferences and forums to gather public input on prioritizing efforts to protect, enhance, and restore ocean resources.

(a)CA Public Resources Code § 35612(a) The council’s meetings shall be open to the public.
(b)CA Public Resources Code § 35612(b) The council may sponsor conferences, symposia, and other public forums, to seek a broad range of public advice when establishing priorities for ocean resource protection, enhancement, and restoration.
public meetings council meetings ocean resource protection conferences symposia public forums public advice ocean enhancement ocean restoration public accessibility event sponsorship ocean priorities resource management environmental input community involvement
(Added by Stats. 2004, Ch. 719, Sec. 1. Effective January 1, 2005.)

Section § 35615

Explanation

This section outlines the responsibilities of the council regarding the protection and conservation of California's coastal and ocean resources. The council is tasked with coordinating state agency activities to enhance protection efforts within budget limits.

The council is responsible for setting policies for the sharing of scientific data between agencies and establishing a team of top scientists to advise on research priorities and evaluate scientific findings. This team includes experts from various disciplines and works independently, without pay, other than reimbursed expenses.

The council also works with experienced organizations to perform scientific and educational tasks, shares research outcomes with state agencies, and suggests legislative changes to improve ocean resource management.

Additionally, it identifies necessary changes in federal law and policy to better protect ocean ecosystems and provides recommendations to the Governor and Legislature on encouraging these federal changes.

The council shall do all of the following:
(a)Copy CA Public Resources Code § 35615(a)
(1)Copy CA Public Resources Code § 35615(a)(1) Coordinate activities of state agencies that are related to the protection and conservation of coastal waters and ocean ecosystems to improve the effectiveness of state efforts to protect ocean resources within existing fiscal limitations, consistent with Sections 35510 and 35515.
(2)CA Public Resources Code § 35615(a)(2) Establish policies to coordinate the collection, evaluation, and sharing of scientific data related to coastal and ocean resources among agencies.
(3)Copy CA Public Resources Code § 35615(a)(3)
(A)Copy CA Public Resources Code § 35615(a)(3)(A) Establish a science advisory team of distinguished scientists to assist the council in meeting the purposes of this division. At the request of the council, the science advisory team may convene to identify, develop, and prioritize subjects and questions for research or investigation, and review and evaluate results of research or investigations to provide information for the council’s activities.
(B)CA Public Resources Code § 35615(a)(3)(A)(B) The science advisory team shall include scientists from a range of disciplines that are a part of the council’s purview.
(C)CA Public Resources Code § 35615(a)(3)(A)(C) The science advisory team shall provide an independent and timely analysis of reports and studies, identifying areas of scientific consensus or uncertainty, using the best available science by drawing on state, national, and international experts.
(D)CA Public Resources Code § 35615(a)(3)(A)(D) Scientists selected as members of the science advisory team shall serve without compensation, except for reimbursement of expenses and subject to the terms of an existing contract with the state.
(4)CA Public Resources Code § 35615(a)(4) Contract with the California Ocean Science Trust and other nonprofit organizations, ocean science institutes, academic institutions, or others that have experience in conducting the scientific and educational tasks that are required by the council.
(5)CA Public Resources Code § 35615(a)(5) Transmit the results of research and investigations to state agencies to provide information for policy decisions.
(6)CA Public Resources Code § 35615(a)(6) Identify and recommend to the Legislature changes in law needed to achieve the goals of this section.
(b)Copy CA Public Resources Code § 35615(b)
(1)Copy CA Public Resources Code § 35615(b)(1) Identify changes in federal law and policy necessary to achieve the goals of this division and to improve protection, conservation, and restoration of ocean ecosystems in federal and state waters off the state’s coast.
(2)CA Public Resources Code § 35615(b)(2) Recommend to the Governor and the Legislature actions the state should take to encourage those changes in federal law and policy.
coastal water protection ocean ecosystems scientific data coordination science advisory team scientific research evaluation independent analysis California Ocean Science Trust federal policy changes state agency coordination ocean resource management scientific collaborations environmental legislative changes nonprofit organizations academic institutions policy recommendations
(Amended by Stats. 2008, Ch. 179, Sec. 191. Effective January 1, 2009.)

Section § 35616

Explanation

This law outlines a program for adapting California's coastal areas to climate change, focusing on improving communities, infrastructure, and natural habitats. It depends on funding and seeks to recommend best practices for increasing climate resilience. The program involves collaboration with various state conservancies and entities to set project priorities for coastal zones. It also includes partnerships with universities, scientists, and NGOs to share knowledge and resources. Existing reports and resources like the 'Safeguarding California Plan' will be used to guide these efforts.

(a)CA Public Resources Code § 35616(a) Subject to the availability of funding, the council shall develop and implement a coastal climate change adaptation, infrastructure, and readiness program to do all of the following:
(1)CA Public Resources Code § 35616(a)(1) Recommend best practices and strategies to improve the climate change resiliency of the state’s coastal communities, infrastructure, and habitat.
(2)CA Public Resources Code § 35616(a)(2) Coordinate with the State Coastal Conservancy, the Santa Monica Mountains Conservancy, the San Diego River Conservancy, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and other state entities as needed to develop criteria to prioritize the types of projects needed to improve climate change resiliency in the coastal zone.
(3)CA Public Resources Code § 35616(a)(3) Collaborate with California State University, Long Beach and other universities, scientists, and nongovernmental organizations involved in climate change activities covering areas along the Pacific Rim to facilitate information sharing regarding coastal climate change adaptation, infrastructure, and readiness, including providing information to the Office of Planning and Research to be considered for inclusion into the clearinghouse established pursuant to Sections 71354 and 71360.
(b)CA Public Resources Code § 35616(b) The council shall use existing staff, resources, databases, and information contained in reports and other documents, including, but not limited to, the “Safeguarding California Plan: 2018 Update” and the Office of Planning and Research Integrated Climate Adaptation and Resiliency Program, to develop and implement the program required under subdivision (a).
climate change adaptation coastal communities resilience infrastructure readiness habitat improvement climate resiliency strategies project prioritization criteria collaboration with universities information sharing Pacific Rim climate activities Office of Planning and Research Safeguarding California Plan Integrated Climate Adaptation Resiliency Program California coastal zone state conservancies coordination
(Added by Stats. 2019, Ch. 374, Sec. 3. (SB 576) Effective January 1, 2020.)

Section § 35617

Explanation

This law requires the Ocean Protection Council to create a voluntary program that promotes sustainable seafood in California. The program includes guidelines to help entities become certified under global standards for sustainable seafood, public marketing assistance for certified California seafood, and grants or loans to help fishing groups get certified. There's also a plan to create a special label for certified California seafood. However, farmed seafood cannot be certified until standards are established, and all actions under this program are voluntary, not regulatory mandates.

(a)CA Public Resources Code § 35617(a) The Ocean Protection Council shall develop and implement a voluntary sustainable seafood promotion program for the state.
(b)CA Public Resources Code § 35617(b) The program shall consist of all of the following:
(1)CA Public Resources Code § 35617(b)(1) A protocol to guide entities on how to be independently certified to internationally accepted standards for sustainable seafood. The protocol and any substantive amendments or revisions to the protocol shall 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)Copy CA Public Resources Code § 35617(b)(2)
(A)Copy CA Public Resources Code § 35617(b)(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)CA Public Resources Code § 35617(b)(2)(A)(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)CA Public Resources Code § 35617(b)(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)CA Public Resources Code § 35617(b)(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)CA Public Resources Code § 35617(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)CA Public Resources Code § 35617(d) The program, each component of the program, and actions taken by the council to implement the program are based upon voluntary actions initiated by entities pursuant to this section and are not regulations as defined in Section 11342.600 of the Government Code.
Ocean Protection Council sustainable seafood certification protocol international standards marketing assistance California seafood fishing industry competitive grants loans California fisheries fishing groups sustainability standards aquaculture fish farming voluntary program
(Amended by Stats. 2011, Ch. 273, Sec. 1. (AB 337) Effective January 1, 2012.)

Section § 35620

Explanation

This law section outlines the responsibilities of a council in supporting California's state agencies by enhancing their use and sharing of scientific and geospatial information for coastal and ocean-related decision-making. The council is tasked with assessing the needs of public agencies in managing and sharing data on coastal ecosystems, while increasing access to important environmental information such as ecosystem health, climate change effects, and human activity impacts.

Additionally, the council should promote collaborative management of this data among public agencies and identify or create decision-support tools for ecosystem-based management. State agencies involved in coastal or ocean management are required to cooperate with the council to achieve these objectives, provided there is sufficient funding.

(a)CA Public Resources Code § 35620(a) Consistent with this chapter, and subject to the availability of funding, the council shall support state agencies’ use and sharing of scientific and geospatial information for coastal- and ocean-relevant decisionmaking, including marine spatial planning, by taking all of the following actions:
(1)CA Public Resources Code § 35620(a)(1) Assess the needs of California’s public agencies with respect to their abilities to gather, manage, use, and share information and decision-support tools relevant to ecosystem-based management in the coastal and ocean environment.
(2)CA Public Resources Code § 35620(a)(2) Subject to a determination of need in paragraph (1) and in consultation with the relevant coastal or ocean management agency, increase the amount of baseline scientific and geospatial information that is available to public agencies in a publicly accessible, electronic, and geospatial format with respect to the following aspects of coastal and ocean ecosystems:
(A)CA Public Resources Code § 35620(a)(2)(A) Ecosystem health, structure, functioning, productivity, resilience, and vulnerability to threats.
(B)CA Public Resources Code § 35620(a)(2)(B) The effects of climate change.
(C)CA Public Resources Code § 35620(a)(2)(C) The cumulative effects of human-caused and natural sources of stress.
(D)CA Public Resources Code § 35620(a)(2)(D) Existing and predicted patterns of human activities, including activities that present conflicting or compatible demands on coastal and ocean ecosystems or those that require the use of a precautionary approach.
(E)CA Public Resources Code § 35620(a)(2)(E) Social, economic, and cultural values, including the value of coastal and ocean ecosystems for providing ecosystem services.
(F)CA Public Resources Code § 35620(a)(2)(F) Distinguishing ecological characteristics, including habitat heterogeneity, species abundance, and biodiversity.
(G)CA Public Resources Code § 35620(a)(2)(G) Other physical, biological, economic, social, and cultural information that the council determines is relevant to marine spatial planning.
(3)CA Public Resources Code § 35620(a)(3) Support public agencies’ collaborative management and use of scientific and geospatial information relevant to ecosystem-based management.
(4)CA Public Resources Code § 35620(a)(4) Help identify decision-support tools relevant to ecosystem-based management, and, where appropriate, support the adaptation of those tools or the creation of new tools to serve the state’s needs.
(b)CA Public Resources Code § 35620(b) Subject to available funding, and consistent with their individual mandates, each agency, board, department, or commission of the state with ocean or coastal management interests or regulatory authority shall cooperate with the council to achieve all of the goals described in subdivision (a).
scientific information sharing geospatial information coastal decision-making marine spatial planning ecosystem-based management ecosystem health climate change effects human activity impacts collaborative management decision-support tools ecosystem services baseline scientific data public agency cooperation habitat heterogeneity species biodiversity
(Added by Stats. 2010, Ch. 544, Sec. 2. (AB 2125) Effective January 1, 2011.)

Section § 35621

Explanation

This law allows a council to award grants and assistance to public agencies and nonprofit organizations that help manage ocean and coastal resources effectively. The focus is on improving the collection and sharing of data and providing tools for analyzing this information. Public agencies that align with certain goals are given preference for these grants.

Consistent with the council’s authority and responsibility under this chapter to coordinate activities of state agencies with ocean or coastal management interests or regulatory authority, to improve the effectiveness of state efforts to protect ocean resources, and to establish policies to coordinate the collection and sharing of scientific data related to coastal and ocean resources among agencies, the council may award grants, enter into interagency agreements, and provide assistance to public agencies and nonprofit organizations to support this effort, including grants to improve geospatial data collection, interagency data sharing and collaboration, and tools for visualizing and analyzing these data. In allocating grants and assistance, the council shall give preference to public agencies that are meeting the goals described in Section 35620.
ocean resource protection coastal management data sharing geospatial data scientific data collection interagency collaboration data visualization tools public agency grants nonprofit assistance ocean resource data grant preference criteria environmental data state agency coordination ocean management efforts regulatory authority on ocean resources
(Added by Stats. 2010, Ch. 544, Sec. 3. (AB 2125) Effective January 1, 2011.)

Section § 35625

Explanation

This section explains how the California Natural Resources Agency, under the Secretary's direction, oversees council matters and supports staff functions. This includes handling grants and organizing meetings. The Legislature can allocate funds directly to the Secretary for council purposes, but Secretary approval isn't needed for council-approved expenses unless it involves block grants. Bond funds managed by the State Coastal Conservancy before July 1, 2013, need to be transferred to the Natural Resources Agency. Post-2013 changes proclaim the Secretary as the successor to the State Coastal Conservancy for managing contracts and grants, with authority to handle, modify, or cancel these as needed, and to maintain related records.

(a)CA Public Resources Code § 35625(a) Under the direction of the Secretary of the Natural Resources Agency, the council shall administer its affairs, and provide the staff services that the council needs to carry out this division, including, but not limited to, both of the following:
(1)CA Public Resources Code § 35625(a)(1) Administering grants and expenditures authorized by the council from the fund or other sources, including, but not limited to, block grants from other state boards, commissions, or departments.
(2)CA Public Resources Code § 35625(a)(2) Arranging meetings, agendas, and other administrative functions in support of the council.
(b)CA Public Resources Code § 35625(b) The Legislature may make appropriations to be used for the purposes of this division directly to the Secretary of the Natural Resources Agency, for expenditures authorized by the council. If an expenditure has been approved by the council for the purposes of this division, approval of the secretary is not required, except in the case of block grants provided by the council to be administered by the secretary.
(c)CA Public Resources Code § 35625(c) Any bond funds received by the State Coastal Conservancy, on or before July 1, 2013, which authorized the use of funds for council programs, shall be transferred to the Natural Resources Agency for use for those programs.
(d)Copy CA Public Resources Code § 35625(d)
(1)Copy CA Public Resources Code § 35625(d)(1) The Legislature finds and declares that, on the effective date of the act adding this subdivision during the 2013–14 Regular Session, various contracts and grants will be pending or remain subject to management and control by the State Coastal Conservancy on behalf of the council. On and after that date, the Secretary of the Natural Resources Agency is hereby designated as the legal successor to the State Coastal Conservancy, and the Secretary of the Natural Resources Agency shall assume management and control of those contracts and grants and shall have all of the same powers and duties as the State Coastal Conservancy.
(2)CA Public Resources Code § 35625(d)(2) In addition to the powers and duties described in paragraph (1), on and after the effective date of the act adding this subdivision during the 2013–14 Regular Session, the Secretary of the Natural Resources Agency shall have the following powers and duties on behalf of the council:
(A)CA Public Resources Code § 35625(d)(2)(A) The management of all contracts and grants, including the completion, modification, and cancellation of those contracts and grants in accordance with existing law.
(B)CA Public Resources Code § 35625(d)(2)(B) The negotiation and settlement of claims relating to contracts and grants.
(C)CA Public Resources Code § 35625(d)(2)(C) Responsibility for the completion, maintenance, and disposal of any records relating to the transfer of responsibilities from the State Coastal Conservancy to the Natural Resources Agency.
Natural Resources Agency Secretary of Natural Resources council administration grant management block grants contract management State Coastal Conservancy fund allocation legislative appropriations bond funds transfer records maintenance council support services expenditure authorization legal successor claims negotiation
(Amended by Stats. 2013, Ch. 356, Sec. 32. (SB 96) Effective September 26, 2013.)