BILL NUMBER: AB 787	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 6, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 17, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 787, as amended, Chesbro. Marine protected 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 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   a
member of a federally recognized Native American tribe in California
who engages in noncommercial fishing, gathering, or other traditional
cultural practices within the North Coast Study Region, as
designated pursuant to the act, to possess a valid tribal
identification card and comply with the plan for Native American
fishing and gathering approved by the commission  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 2864.5 is added to the 
 Fish and Game Code   , to read:  
   2864.5.  A member of a federally recognized Native American tribe
in California who engages in noncommercial fishing, gathering, or
other traditional cultural practices within the North Coast Study
Region as designated pursuant to this chapter shall possess a valid
tribal identification card and comply with the plan for Native
American fishing and gathering approved by the commission. 

  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.