Bill Text: CA SB685 | 2011-2012 | Regular Session | Amended

California Senate Bill 685 (Prior Session Legislation)

Bill Title: Marine protected areas: Native American tribes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB685 Detail]

Download: California-2011-SB685-Amended.html

BILL NUMBER: SB 685	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 31, 2011
	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator Evans

                        FEBRUARY 18, 2011

    An act to amend Section 5827 of the Public Resources
Code, relating to parks.   An act to add Section 2864 to
the Fish and Game Code, relating to marine resources. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 685, as amended, Evans.  Parks: Mendocino Woodlands
Outdoor Center.  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. 

   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 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.
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.  
   The Mendocino Woodlands Outdoor Center Act requires the Department
of Parks and Recreation to administer as a unit of the state park
system the Mendocino Woodlands Outdoor Center.  
   The act authorizes the department to enter into an operating
agreement with a qualified nonprofit entity. The act requires the
department, prior to entering into an agreement, to submit a copy of
the agreement to the Legislative Analyst for his or her review and
recommendations. The act provides that the proposed agreement is
deemed to constitute the Legislative Analyst's approval if the
Legislative Analyst fails to respond within 30 days after submission.
 
   This bill would instead provide that the proposed agreement is
deemed to constitute the Legislative Analyst's approval if the
Legislative Analyst fails to respond within 30 days after submission.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  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 (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.
   (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 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.  
  SECTION 1.    Section 5827 of the Public Resources
Code is amended to read:
   5827.  The department may enter into an operating agreement with a
qualified, nonprofit entity for the provision of a program or
service contemplated in this chapter. Prior to entering into an
agreement, the department shall submit a copy of the proposed
agreement to the Legislative Analyst for his or her review and
recommendations, which shall not, however, be binding. Failure of the
Legislative Analyst to respond within 90 days after submission of a
proposed agreement shall be deemed to constitute approval by the
Legislative Analyst of the proposed agreement.