BILL NUMBER: SB 770	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 24, 2011
	AMENDED IN SENATE  MARCH 21, 2011

INTRODUCED BY   Senator Evans

                        FEBRUARY 18, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 770, as amended, Evans. Marine protected  areas.
  areas: 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.  The MLPA requires the department to confer
when necessary with the United States Navy regarding issues related
to its activities under the MLPA.   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 authorize Native American tribes to submit
proposals for comanagement of marine species within marine protected
areas that are designated or proposed to be designated under the
MLPA. The bill would require comanagement proposals to include
prescribed information, and would require submission of the proposals
to the Secretary of the Natural Resources Agency. The bill would
authorize the secretary to request additional information before
determining that a proposal is complete, and upon a determination
that a proposal is complete, would require the Director of Fish and
Game to consult with the tribe to develop memoranda of understanding
or other agreements to, among other things, provide access to the
tribe for traditional hunting and gathering and cultural activities.
The bill would require that tribes be permitted to continue
traditional fishing, gathering, and cultural practices within a
marine protected area without interruption prior to, and during the
development of, a memorandum of understanding or other agreement.
 
   This bill would require the department to confer with federally
recognized Native American tribes regarding issues related to its
activities under the MLPA. 
   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 is added to the  
Fish and Game Code  , to read:  
   2864.  (a) Any federally recognized Native American tribe or
nonfederally recognized Native American tribe listed on the
California Tribal Consultation List maintained by the Native American
Heritage Commission, through its governing body, may submit a
proposal for limited or full comanagement of marine species within
marine protected areas designated or proposed to be designated under
this chapter to the Secretary of the Natural Resources Agency. Two or
more tribal governments may jointly submit a unified comanagement
proposal.
   (b) A comanagement proposal shall include, but shall not be
limited to, all of the following:
   (1) A description of the geographic boundaries of the area over
which comanagement authority is sought.
   (2) A complete list of the species of interest to the tribe over
which comanagement authority is sought.
   (3) A description of the proposed roles of the tribe and the State
of California in identifying and sharing scientific data about the
species of interest or their habitats.
   (4) A description of the proposed roles of the tribe and the State
of California in recommending joint management policies.
   (5) A description of the proposed role of the tribe in enforcing
the provisions of the comanagement agreement with its members.
   (6) A dispute resolution mechanism in the event of unresolved
conflicts over obtaining or evaluating scientific data, enforcement
mechanisms, and other matters that arise during the consultation
undertaken pursuant to subdivision (d).
   (c) The Secretary of the Natural Resources Agency shall consider
the comanagement proposal and may require additional or clarifying
information before determining that the proposal is complete.
   (d) Upon the secretary's determination that a proposal is
complete, the director shall consult with the tribal governing body,
or the tribe's officially designated representative, on the tribe's
request for comanagement of the resources that are the subject of the
proposal. The objective of the consultation shall be to develop
memoranda of understanding or other agreements between the tribe and
the state that accomplish all of the following:
   (1) Provide access to the tribe for traditional hunting and
gathering and cultural activities, recognizing that there may be
other public use of the comanagement areas.
   (2) Establish protocols for comanagement of the comanagement
areas.
   (3) Establish conservation strategies to ensure the preservation
and enhancement of the resources of the comanagement areas to assist
in meeting the science-based goals of this chapter.
   (e) Notwithstanding any other provision of state law, traditional
fishing, gathering, and cultural practices of a tribe shall be
permitted to continue within a marine protected area without
interruption prior to, and during the development of, a memorandum of
understanding or other agreement pursuant to subdivision (d). 

  SECTION 1.    Section 2864 is added to the Fish
and Game Code, to read:
   2864.  The department shall confer with federally recognized
Native American tribes regarding issues related to its activities.