BILL NUMBER: AB 787	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 17, 2011

   An act to  amend Section 2860 of   add
Section 2864 to  the Fish and Game Code, relating to marine
resources.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 787, as amended, Chesbro. Marine protected  areas.
  areas: California Native American tribes. 
   The Marine Life Protection Act (MLPA) establishes the Marine Life
Protection Program to reexamine and redesign California's marine
protected area system. Existing law requires the Department of Fish
and Game to prepare, and the Fish and Game Commission to adopt, a
master plan that guides the adoption and implementation of the
program, including recommended alternative networks of marine
protected areas. Under the MLPA, the taking of a marine species in a
marine life reserve  , a type of marine protected area,  is
prohibited for any purpose, including recreational and commercial
fishing, except as authorized by the commission for scientific
purposes.
   This bill would  make a technical, nonsubstantive change
to this prohibition.   require the commission,
notwithstanding existing restrictions and allowable uses, to permit
California Native American tribe members, as defined, to continue
fishing and gathering practices for traditional religious,
ceremonial, and cultural purposes within a marine protected area,
subject to applicable tribal and federal environmental laws. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares the
following:  
   (a) Traditional take of marine resources and other customary uses
by California Native American tribes and tribal communities are an
intrinsic component of the ecosystem, of minimal disturbance, and are
consistent with marine protected areas.  
   (b) There is no scientific evidence for the North Coast area that
gathering for subsistence and ceremonial purposes has had an adverse
effect on marine resources. 
   SEC. 2.    Section 2864 is added to the  
Fish and Game Code   , to read:  
   2864.  The commission, notwithstanding the restrictions and
allowable uses applicable to marine protected areas pursuant to
Sections 1591 and 2860, including, but not limited to, those
established in the Marine Managed Areas Improvement Act (Chapter 7
(commencing with Section 36600) of Division 27 of the Public
Resources Code), shall permit California Native American tribe
members to continue fishing and gathering practices for traditional
religious, ceremonial, and cultural purposes within a marine
protected area, subject to applicable tribal and federal
environmental laws. The commission shall require a person engaging in
fishing or gathering in accordance with this section to hold a
tribal identification card. As used in this section, "California
Native American tribe" means a federally recognized Native American
tribe in California or a nonfederally recognized California Native
American tribe listed on the California Tribal Consultation List
maintained by the Native American Heritage Commission.  

  SECTION 1.    Section 2860 of the Fish and Game
Code is amended to read:
   2860.  (a) The commission may regulate commercial and recreational
fishing and any other taking of marine species in MPAs.
   (b) Notwithstanding any other provision of this code, the taking
of a marine species in a marine life reserve is prohibited for any
purpose, including recreational and commercial fishing, except the
commission may authorize the taking of a marine species for
scientific purposes, consistent with the purposes of this chapter,
under a scientific collecting permit issued by the department.