BILL ANALYSIS �
SB 770
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Date of Hearing: June 24, 2011
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
SB 770 (Evans) - As Amended: May 31, 2011
SENATE VOTE : 39-0
SUBJECT : Marine Life Protection Act
SUMMARY : Authorizes a Native American tribe to submit a
proposal for limited or full comanagement of marine protected
areas to the Secretary of the Natural Resources Agency.
Specifically, this bill :
1)Authorizes any federally recognized Native American tribe or
nonfederally recognized Native American tribe on the
California Tribal Consultation List maintained by the Native
American Heritage Commission, to submit a proposal for limited
or full comanagement of marine species within marine protected
areas. Two or more tribal governments may jointly submit a
unified comanagement proposal.
2)Requires a comanagement proposal to include but not be limited
to the geographic boundaries, list of species, proposed roles
of the tribe and State of California with regard to scientific
data, the roles of the tribe and the state in recommending
joint management policies, the role of the tribe in
enforcement, and a dispute resolution mechanism.
3)Requires the Secretary of Natural Resources to consider the
comanagement proposal and authorizes the Secretary to require
additional or clarifying information before determining that
the proposal is complete.
4)Authorizes the Secretary to prioritize proposals from multiple
tribal governments and based on the importance of the species
covered and other criteria identified by the Secretary.
5)Requires the Secretary to forward the first proposal to the
director of the Department of Fish and Game (DFG) by July 1,
2012, and requires the director of DFG to enter into
negotiations for only one agreement at a time.
6)Requires the DFG director upon receipt of a proposal from the
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Secretary to consult with the tribe on the request for
comanagement with the objective of developing a memorandum of
understanding or other agreement between the tribe and the
state that provides access to the tribe for traditional
hunting, gathering and cultural activities, recognizing there
may be other public use of the area, establishes protocols for
comanagement, and establishes conservation strategies to
ensure preservation and enhancement of resources and to assist
in meeting science-based goals.
EXISTING LAW :
1)The Marine Life Protection Act (MLPA) provides for the
designation of a system of marine protected areas (MPAs),
including but not limited to marine life reserves, to protect
and conserve the state's marine life, habitat and ecosystems.
The MLPA requires the FGC to develop a Marine Life Protection
Program and a process for establishing a system of MPAs that
are designed and managed as a network. The MLPA provides that
the program may include various levels of protection, and
requires the FGC to adopt a master plan for siting and
management of MPAs based on best readily available science.
2)Requires that the FGC hold public hearings and convene
workshops in each biographical region of the state to review
alternative MPA networks and receive comments on preferred
siting alternatives. Requires the preferred alternative meet
certain specified objectives.
FISCAL EFFECT : According to the Senate Appropriations
Committee analysis, estimated costs in 2011/12 of $250,000, and
in 2012/13 and subsequent years of $500,000 for consultation and
drafting of comanagement agreements (Fish and Game Preservation
Fund).
COMMENTS : The purpose of this bill, according to the author,
is to provide a process for agreements that would allow Native
American tribes to retain historic fishing, gathering and
cultural activities within state marine protected areas
designated or proposed under the MLPA. This bill provides a
process to create agreements that lead to co-management plans in
order to both ensure Native American rights and protect the
resource. The network of MPAs proposed for the North Coast is
currently pending before the FGC. The MLPA does not contain any
provisions expressly allowing for Native American tribes to
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continue historical fishing, gathering and related cultural
practices in MPAs. The MLPA local stakeholder group and the
MLPA Blue Ribbon Task Force both recommended to the FGC that
traditional tribal gathering be allowed to continue in MPAs on
the North Coast. The Natural Resources Agency began working
with tribal representatives and others in February to explore
administrative solutions to this issue. The author of this bill
supports an administrative solution but has offered this bill as
a backup in the event a legislative solution is necessary.
The MLPA, enacted in 1999, calls for the redesign and
establishment of a network of MPAs 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 goals of the MLPA are to protect
the natural diversity and abundance of marine life and the
integrity of marine ecosystems, to sustain marine life
populations, including those with economic value, to improve
recreational and educational opportunities, and to protect
marine natural heritage. The FGC was charged with the
responsibility of administering the program and the process for
designing the network of MPAs.
California adopted a regional approach to designing the coast
wide system of MPAs and divided the state into 5 study regions.
After a multi-year planning process, regulations establishing a
new network of MPAs have been completed for the Central Coast
region, for the North Central Coast region, and most recently,
for the South Coast region. The plan development process is
underway in the North Coast region and just beginning in the San
Francisco Bay region, the last of the five regions. The process
in each region has included an MLPA blue ribbon task force and
the appointment of a regional stakeholder group. Plan
alternatives developed are also reviewed by an MLPA master plan
science advisory team. In the North Coast region, the regional
stakeholder group was able to reach agreement on a Unified
Proposal with broader cross-interest support than was achieved
in any of the other regions. The Unified Proposal, which was
presented to the FGC in February of this year, included an
intent to allow for traditional, non-commercial, subsistence,
ceremonial, cultural and stewardship uses by tribal people to
continue in marine protected areas.
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The FGC at its February 2011 meeting directed staff to develop a
revised MPA network proposal for the North Coast study region,
consistent with the Unified proposal and allowing for continued
tribal uses. The direction to staff was to bring back the
revised proposal to the FGC's April meeting to be considered for
adoption. Tribal representatives, including the Chair of the
Yurok Tribal Council, stated at the FGC meeting that they
accepted the Unified proposal, provided the state acknowledges
the sovereign rights of tribes to gather along the coast as they
have for thousands of years. At the April meeting it was
determined additional time was needed and action was postponed
to the June FGC meeting which is now scheduled for June 29 and
30.
The Resources Agency over the past several months has been
conducting legal analysis and working on ways to address the
accommodation of tribal gathering rights administratively under
the existing law, with the hope that additional legislative
changes may not be necessary.
Current Status of Fish and Game Commission action on MLPA tribal
issues : DFG submitted documents to the FGC describing options
for allowing continued access by tribal members to MPAs for
traditional gathering purposes on June 9th and 16th. Those
documents are available on DFG's website at www.dfg.ca.gov/mlpa
. The FGC is scheduled to consider this issue at their June 29
-30th meeting and may select a preferred alternative for moving
forward with CEQA at that meeting. Depending on what action is
taken at the FGC meeting, additional legislative action may or
may not be necessary.
Suggested Amendment : This bill references the designation or
proposed designation of marine protected areas under the Marine
Managed Areas Improvement Act (MMAIA). Why that act is
referenced instead of the MLPA, when it is the MLPA that this
bill amends, is unclear and potentially confusing, particularly
since the Fish and Game Code and Section 36750 of the MMAIA both
reference reclassification of marine protected areas under the
MLPA, and require that the reclassification be done in
conjunction with and consistent with the MLPA master planning
process. Committee staff therefore recommends the following
technical amendment:
Amend page 3, lines 5 through 8 to read as follows:
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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.
Related Legislation : AB 787 (Chesbro) requires the FGC to
permit California Native American tribe members to continue
fishing and gathering practices for traditional religious,
ceremonial and cultural purposes within an MPA, and requires
tribal members engaged in these activities to carry a Tribal ID
card. AB 787 is pending hearing in the Senate Natural Resources
and Water Committee.
REGISTERED SUPPORT / OPPOSITION :
Support Opposition
None on file. None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096