BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 787
                                                                  Page  1

          Date of Hearing:   May 11, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 787 (Chesbro) - As Amended:  March 31, 2011 

          Policy Committee:                              Water, Parks and 
          Wildlife     Vote:                            13-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the Fish and Game Commission to permit 
          California Native American tribe members to continue fishing and 
          gathering practices for traditional religious, ceremonial and 
          cultural purposes. 

           FISCAL EFFECT  

          Minor, absorbable costs to the Department of Fish and Game (DFG) 
          and the commission to modify regulations according to this bill. 
           The commission already has completed or is working to complete 
          much of the work required by this bill.  (Fish and Game 
          Preservation Fund.) 

           COMMENTS  

           1)Rationale  .  The author contends this bill will legally affirm 
            the commission's authority to allow tribe members to fish and 
            gather in Marine Protection Areas.

           2)Background  .   The Marine Life Protection Act, enacted in 1999, 
            calls for the redesign and establishment of a network of 
            Marine Protection Areas to protect and conserve marine life, 
            habitat and ecosystems.  There are several types of MPAs, 
            including marine life reserves in which no fishing or other 
            extractive activities are allowed, and other MPAs in which 
            certain types of commercial and recreational harvesting 
            activities are allowed.  

            The act charges the commission with administering the program 
            and designing the network of MPAs.  The commission is working 








                                                                  AB 787
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            to adopt five regional MPAs collectively covering the entire 
            state.  In developing the MPA for the North Coast region, the 
            commission considered a stakeholder proposal, known as the 
            Unified Proposal, which, among other things, included a 
            statement of intent to allow for traditional, non-commercial, 
            subsistence, ceremonial, cultural and stewardship uses by 
            tribal people to continue in marine protected areas.  

            The commission recently directed staff to develop a revised 
            North Coast MPA consistent with the Unified Proposal and 
            allowing continued tribal uses.  However, attorneys at the 
            Natural Resources Agency are not certain the commission has 
            the legal authority to permit these activities in an MPA.

           3)There is no registered support or opposition to this bill.  

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081