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SB-183 Marine protected areas: Native American tribes.(2017-2018)

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Date Published: 01/24/2017 09:00 PM
SB183:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 183


Introduced by Senator Lara

January 24, 2017


An act to add Section 2864 to the Fish and Game Code, and to add Section 5097.992 to the Public Resources Code, relating to marine resources.


LEGISLATIVE COUNSEL'S DIGEST


SB 183, as introduced, Lara. 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 Wildlife 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 commission is authorized to regulate commercial and recreational fishing and any other taking of marine species in marine protected areas.
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. In a state marine park, it is unlawful to injure, damage, take, or possess any living or nonliving marine resource for commercial exploitation purpose. Also, in a state marine park, any human use that would compromise protection of the species of interest, natural community or habitat, or geological, cultural, or recreational features may be restricted by the designating entity or managing agency. In a state marine conservation area, it is unlawful to injure, damage, take, or possess any living, geological, or cultural marine resource for commercial or recreational purposes, or a combination of commercial and recreational purposes, that the designating entity or managing agency determines would compromise protection of the species of interest, natural community, habitat, or geological features.
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.
Existing law establishes the Native American Heritage Commission and vests the commission with specified powers and duties.
This bill would authorize a California Native American tribe to submit a request to the Native American Heritage Commission to approve the tribe’s record of aboriginal use of a specified area of the marine environment for subsistence and cultural purposes. Upon approval by the Native American Heritage Commission of the tribe’s record of aboriginal use, the bill would authorize the tribe to request, and would require the Fish and Game Commission to issue, an exemption that authorizes members and lineal descendants of the tribe to engage in subsistence fishing and cultural gathering and use of live plants and dead animals within any state marine conservation area or state marine park located in the area described in the approval where the aboriginal use occurred.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The first marine protected area (MPA) adopted pursuant to the Marine Life Protection Act for central California was adopted in 2008 with no mention of federally recognized Indian tribes despite repeated requests for tribal consultation.
(b) The Northern California MPAs included provisions for federally recognized Indian tribes only after repeated protests and actual disruptions of meetings by Indian tribes.
(c) Even after recognizing the need to consult with federally recognized Indian tribes, the Fish and Game Commission did not adopt any provisions for federally recognized Indian tribes in the Southern California MPAs.
(d) The Department of Fish and Wildlife did not implement a policy for tribal consultation until October 2, 2014, after all MPAs had been adopted pursuant to the Marine Life Protection Act.
(e) The Fish and Game Commission did not implement a policy for tribal consultation until June 10, 2015, after all MPAs had been adopted pursuant to the Marine Life Protection Act.

SEC. 2.

 Section 2864 is added to the Fish and Game Code, to read:

2864.
 (a) Notwithstanding the restrictions and allowable uses applicable to state marine conservation areas and state marine parks pursuant to Section 1591, including those established in the Marine Managed Areas Improvement Act (Chapter 7 (commencing with Section 36600) of Division 27 of the Public Resources Code), upon approval by the Native American Heritage Commission of a California Native American tribe’s record of aboriginal use pursuant to Section 5097.992 of the Public Resources Code, the tribe may request, and the Fish and Game Commission shall issue, an exemption that authorizes members and lineal descendants of the tribe identified pursuant to subdivision (b) to engage in the following activities within any state marine conservation area or state marine park located in the area described in the approval where the aboriginal use occurred:
(1) Subsistence fishing.
(2) Cultural and ceremonial gathering and use of live plants and dead animals.
(b) As part of a request for an exemption submitted pursuant to subdivision (a), a California Native American tribe shall include a list of members and lineal descendants who are eligible to engage in the activities authorized by the exemption. A California Native American tribe may submit revisions to the list of members and lineal descendants to the commission at any time.
(c) An exemption issued pursuant to this section shall not authorize the take of a species designated as an endangered, threatened, or candidate species pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 and shall be issued in compliance with federal law.
(d) This section does not apply to a Northern California MPA if the commission adopted an exemption for tribal take in the Northern California MPA on or before January 1, 2017.
(e) The commission and a California Native American tribe that receives an exemption pursuant to this section shall periodically discuss the implementation of the exemption.
(f) For purposes of this section, “California Native American tribe” means a federally recognized Native American tribe in California.

SEC. 3.

 Section 5097.992 is added to the Public Resources Code, to read:

5097.992.
 (a) For purposes of obtaining an exemption pursuant to Section 2864 of the Fish and Game Code, a California Native American tribe may submit a request to the commission to approve the tribe’s record of aboriginal use of a specified area of the marine environment for subsistence and cultural purposes.
(b) Upon determining that a request submitted pursuant to subdivision (a) adequately establishes a record of aboriginal use for a specified area of the marine environment, the commission shall approve the record of aboriginal use and shall include in the approval a description of the area of the marine environment where the aboriginal use occurred.
(c) For purposes of this section, “California Native American tribe” means a federally recognized Native American tribe in California.