BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 770 (Evans)
          
          Hearing Date: 05/09/2011        Amended: 04/25/2011
          Consultant: Brendan McCarthy    Policy Vote: NR&W 9-0
          _________________________________________________________________
          ____
          BILL SUMMARY: SB 770 requires the Department of Fish and Game to 
          consult with tribal governments on the development of memoranda 
          of understanding for tribal access to fish and wildlife 
          resources and the co-management of fish and wildlife species 
          under the Marine Life Protection Act.
          _________________________________________________________________
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13       2013-14     Fund
           
          Consultation and drafting         $850        $1,500    
          $1,500Special *
            of co-management
             agreements                                               

          * Fish and Game Preservation Fund.
          _________________________________________________________________
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the 
          Suspense File. 

          Under the Marine Life Protection Act, the Department of Fish and 
          Game is required to develop and implement management policies 
          for marine protected areas in coastal waters. The goal for these 
          marine protected areas is to improve fisheries and biodiversity. 
          The state's coast has been divided into regions for regulation 
          under the Marine Life Protection Act. Regulations for the 
          Central Coast region and the North Central Coast region are in 
          effect. Regulations for the South Coast region are being 
          adopted. The planning process is underway for the North Coast 
          region and the planning process is just beginning for the San 
          Francisco Bay region.

          SB 770 authorizes one or more tribal governments to submit a 
          proposal to the Secretary for Natural Resources for limited or 








          SB 770 (Evans)
          Page 1


          full co-management of marine natural resources under the Marine 
          Life Protection Act. Once the Secretary has deemed the proposal 
          complete, the bill requires the Department of Fish and Game to 
          enter into negotiations with the tribal governing body to 
          develop a memorandum of understanding that provides for tribal 
          access to traditional fishing areas and co-management protocols. 


          The bill exempts traditional tribal fishing, gathering, and 
          cultural practices from other statutory limitations during the 
          development of a memorandum of understanding.

          Because of the complex scientific, cultural, and economic issues 
          that would come under any plan for co-management of marine 
          protected areas, the costs to implement the bill could be 
          considerable. Staff estimates that the costs to analyze the 
          relevant issues and negotiate one or more agreements could be up 
          to $1.5 million per year for several years.
          Staff notes that the most likely fund source for these 
          activities, the Fish and Game Preservation Fund, has a 
          structural deficit. Even without this bill, future spending 
          reductions and/or fee increases will be needed. This bill would 
          increase pressure on the fund.