BILL NUMBER: SB 770 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2011
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: 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.
The Marine Managed Areas Improvement Act (MMAIA) establishes a
uniform classification system for state marine managed areas,
prescribing 6 classifications for designating managed areas in the
marine and estuarine environments, including marine protected areas.
Under the MMAIA, "marine protected areas" include a state marine
reserve, a state marine park, and a state marine conservation area.
The MMAIA prescribes restrictions and allowable uses for each
classification, including making it unlawful in a state marine
reserve to injure, damage, take, or possess any living, geological,
or cultural marine resource, except under a permit or specific
authorization from the managing agency for research, restoration, or
monitoring purposes.
Existing law requires that any proposals for marine protected
areas made after January 1, 2002, follow the guidelines set forth in
the MMAIA and that specified areas and reserves be designated,
deleted, or modified by the commission pursuant to the MMAIA, and the
restrictions and allowable uses applicable to those areas be as set
forth in the MMAIA.
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 MMAIA . 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 receipt of a proposal from the secretary
, 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. If
multiple tribal governments or groups submit proposals to the
secretary, the bill would require the secretary to prioritize the
proposals for negotiation, as provided.
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 pursuant to Sections 1590,
1591, or the Marine Managed Areas Improvement Act (Chapter 7
(commencing with Section 36600) of Division 27 of the Public
Resources Code) 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) (e)
.
(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) (1) If multiple tribal governments or groups of tribal
governments submit proposals to the Secretary of the Natural
Resources Agency, the secretary shall prioritize the proposals for
negotiation by the extent to which a proposal includes multiple
tribal governments, the overall importance of the species covered by
the proposal to the implementation of this chapter, and other
criteria identified by the secretary.
(2) By July 1, 2012, the secretary shall forward the first
proposal for negotiation to the director.
(3) The director shall enter into negotiations pursuant to this
section for only one memorandum of understanding or other agreement
at a time.
(4) Upon completion of an agreement or a determination by the
secretary that negotiations have ceased, the secretary shall forward
the next proposal in order of priority to the director for
negotiation.
(d) Upon the secretary's determination that a proposal is complete
(e) Upon receipt of a proposal from the
Secretary of the Natural Resources Agency , 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).