BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 770 (Evans)
Hearing Date: 05/26/2011 Amended: 04/25/2011
Consultant: Brendan McCarthy Policy Vote: NR&W 9-0
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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.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Consultation and drafting $250 $450
$450Special *
of co-management
agreements
* Fish and Game Preservation Fund.
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STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
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
full co-management of marine natural resources under the Marine
SB 770 (Evans)
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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.
The proposed Committee amendments would limit the Department of
Fish and Game to negotiating one agreement at a time.