Law:Division 13. State-tribal Agreements Governing Indian Fishing (California)

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Contents

Chapter 1. Legislative Findings

Ca Codes (fgc:16000) Fish And Game Code Section 16000



16000. The Legislature finds: (a) Jurisdiction over the protection and development of natural resources, especially the fish resource, is of great importance to both the State of California and California Indian tribes. (b) To California Indian tribes, control over their minerals, lands, water, wildlife, and other resources is crucial to their economic self-sufficiency and the preservation of their heritage. On the other hand, the State of California is concerned about protecting and developing its resources; protecting, restoring, and developing its commercial and recreational salmon fisheries; ensuring public access to its waterways; and protecting the environment within its borders. (c) More than any other issue confronting the State of California and California Indian tribes, the regulation of natural resources, especially fish, transcends political boundaries. (d) In many cases, the State of California and California Indian tribes have differed in their respective views of the nature and extent of state versus tribal jurisdiction in areas where Indians have historically fished. Despite these frequent and often bitter disputes, both the state and the tribes seek, as their mutual goal, the protection and preservation of the fish resource. This division is an attempt to provide a legal mechanism, other than protracted and expensive litigation over unresolved legal issues, for achieving that mutual goal. (e) This division creates a pilot project that will involve and encourage the efforts of the State of California and the Covelo Indian Community of the Round Valley Indian Reservation to reach a mutual agreement regarding the legal framework for the exercise of Indian subsistence fishing in the boundary streams of the historic 1873 Round Valley Indian Reservation. It is hoped that this pilot project, if successful, will provide the incentive for enactment of broader legislation that would authorize similar negotiated agreements with other California Indian tribes.


Chapter 2. General Provisions

Ca Codes (fgc:16001-16005) Fish And Game Code Section 16001-16005



16001. The definition in this chapter shall govern the construction of this division.


16002. "Covelo Indian Community" means the confederated tribes of the Round Valley Indian Reservation located in Mendocino County, California, recognized as an Indian tribe by the Secretary of the Interior.

16003. "Take" means pursue, catch, capture, or kill, or attempt to pursue, catch, capture, or kill.


16004. "Traditional Indian fishing practice" means a mode, method, or way of taking fish that is recognized in the customs and traditions of the Covelo Indian Community.


16005. "Historic 1873 Round Valley Indian Reservation" means the reservation described and set aside by Congress for the Covelo Indian Community in the Act of March 3, 1873 (17 Stat. 633).


Chapter 3. Negotiation And Approval Of Agreement

Ca Codes (fgc:16006-16009) Fish And Game Code Section 16006-16009



16006. Subject to the approval of the commission, the department may enter into a mutual agreement or compact with the Covelo Indian Community respecting jurisdiction and authority to regulate traditional Indian subsistence fishing practices in the boundary streams of the historic 1873 Round Valley Indian Reservation.


16007. Any agreement or compact entered into pursuant to Section 16006 shall be submitted by the department to the commission for review and approval.

16008. Any agreement or compact entered into pursuant to Section 16006 shall not be effective until they are approved by the commission. The commission may consider and approve an agreement or compact at any of its regular or special meetings.


16009. The commission shall give notice of the time and place of any meeting at which the approval of an agreement or compact entered into under this division will be considered by publishing prior notice in any publication issued by the Resources Agency or the department after determining the time and place of the meeting. The commission shall make copies of the proposed agreement or compact available to the public on request and the notice shall contain a statement to that effect. All meetings required by this section shall be open to the public.


Chapter 4. Enforceability Of An Agreement Or Compact

Ca Codes (fgc:16010-16011) Fish And Game Code Section 16010-16011



16010. Any agreement or compact entered into pursuant to this division shall be enforceable by the parties only to the extent and in the forum or forums provided for under the terms of the agreement or compact.

16011. The department may promulgate regulations consistent with the provisions of any agreement or compact entered into pursuant to Section 16006. The application and enforcement of those regulations shall be in accordance with the express provisions of the agreement or compact.


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