February 6-7, 2003, Meeting Summary

Meeting of
February 6, 2003 (Thursday)
9:00 a.m.

State Capitol
Room 4203
Sacramento

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

  1. ELECTION OF OFFICERS.

    Commission reelected Commissioner Flores as President and Commissioner Chrisman as Vice President for 2003.

  2. PUBLIC FORUM - Any member of the public may address and/or ask questions of the Commission relating to the implementation of its policies or any other matter within the jurisdiction of the Commission. As a general rule, action cannot be taken on issues not listed on the agenda. Staff will normally be requested to follow up on such items at the discretion of the Commission.

    Peter Halmay recommended amendments to the commercial sea urchin regulations for interim management measures to address minimum landing requirements, open/closed season dates, and preference points for sea urchin crewmembers in the lottery drawing for any new permits. He also summarized the history of the sea urchin fishery.

    Bob Juntz explained the history and economics of the sea urchin fishery closures and the rationale for the requested changes as market related.

    Vern Goehring supported changes to the commercial sea urchin fishery to help create a more orderly fishery as interim measures until an FMP can be developed for the commercial sea urchin fishery.

    The Commission asked the Department to consider the recommendations and provide a regulatory package for Commission consideration; the Department indicated it was on its rulemaking calendar for later in the year; the Commission and Department will discuss Marine Region's priorities for this year at its next Marine Subcommittee meeting.

    Zeke Grader indicated he had received some disturbing news that the Federal Government was trying to take over fisheries management within National Marine Sanctuary boundaries but when legislation was written to establish them it was clear that fisheries management was to remain under authority of the state. He asked the Commission to watch this issue very closely and believed things were working well in California.

    Liz Bowen commented that the Scott River Watershed Council has taken positive steps to protect coho salmon and other natural resources.
    Mike McCorkle provided a handout regarding United Anglers of Southern California's attempt to develop an initiative to eliminate all bottom trawling which he opposed and believed the sport and commercial fishermen needed to stop fighting each other.

    Bob Fletcher provided an update on cooperative work regarding shelf rockfish stocks; mentioned the January 2003 DFG marine management news regarding groundfish disaster relief program; DFG signed contract with CPFVs for ROV surveys of rockfish and described the positive results from these initial surveys and tagging projects that may show some stocks are not as depleted as NOAA Fisheries thought.

    Guy Grundmeier supported Mr. Fletcher's comments and stated that good data on recreational harvest of finfish was needed at the next PFMC meeting; California has smaller quotas than Oregon and it only has 300 miles of coastline; PFMC establishes OY cuts when limited data from the recreational fishery is available; the fish are there, we just need to provide the agencies with stock abundance numbers.

    Bill James commented on the category of "unspecified" rockfish on the landing receipts; the lack of data in the system is a flaw because it misses out on at least a million pounds of fish and if they were counted properly it would be a solution to the TAC dilemma.

    Chris Hoeflinger commented that he has caught thousands of pounds of nearshore fish that cannot be split out in the DFG data base; provided a handout of shelf rockfish survey data; map habitat of where bocaccio might be found; requested the Commission write a letter to NOAA Fisheries in support of the study and the need for research.

    Jim Bassler commented that regarding the cabezon and greenling fishery a precautionary approach has caused a 50 percent reduction in OY, but no data on stock abundance has been collected; OYs are based on historic landings during times when those fish were not being fished for; the baseline data is faulty; need current stock assessment data to move forward; wants realistic studies; and prolific, fast growing species have low fishing pressure allowed when it may not be necessary.

    Randy Fry spoke about PFMC and the 2004 recreational and commercial OYs; requested Commission to have PFMC allow DFG and California some flexibility in adopting California regulations; the closure this year on rockfish is killing the party boats and local businesses; wants exemption for shore based fishermen and divers; MRFSS data is 'bad data'; 50 percent precautionary reduction has hurt everybody; and 2002 recreational license monies could be used to improve the MRFSS data collection system.

    Eric Mills requested the Commission have a Public Forum agenda item on both meeting days; requests elimination of the use of robo ducks; saw several illegal live turtles in Oakland markets; red-eared slider turtles found in a lake in Golden Gate Park when drained; described animal mis-use for shows; and requested a ban on the importation of live turtles and bullfrogs.

    Richard Gienger commented on the following issues: 1997 storm damage to Bear Creek Watershed; recovery pattern set back; no evaluation of watershed effects; needs to be interagency, public and harvest review team to evaluate damage status; DFG monitoring reports on north coast finding corrective measures to protect coho salmon; water course crossings are a big problem regarding sediment input into streams; Board of Forestry commented that the Commission and Board meetings are not very successful and urged the Commission to attend the joint meetings.

    Paul Weakland commented on the draft abalone ARMP; peer review identifies same shortcomings as previously noted; when will DFG finish the report and recognize there has been recovery of the abalone resource; and would like some answers to the his questions.

    Scott Honaker commented on his concerns for trip limits set for the commercial sheephead fishery; doesn't see the need for trip limits because there is an overall OY; only 57 permit holders in Southern California fishery and that if trip limits are implemented they should be higher in the summer months.

    Scott Jarvis agreed with Mr. Honaker's comments.

    Virginia Handley commented on the need for the Department and Commission to revisit the frog jumping regulations and humane treatment of the species. Mr. Treanor responded that the laws are statutes and not Commission regulations; therefore, she needed to seek legislative relief.

    Bob Strickland spoke about MRFSS data and that other states do not use MRFSS for inseason adjustments; budget status right now is the biggest problem with poaching and the need to strengthen the warden force. He opposed shore fishermen having a limit of only two fish because of the division into shallow and deeper nearshore and suggested a more fair and equitable limit of 10 fish limit for shore anglers.

    Mark Rentz spoke about Bear Creek damage due to a very bad storm and the California Division of Mines and Geology survey regarding sediment discharge on the north coast.

  3. COMMISSION STATUS REPORT ON IMPLEMENTATION OF ITS STRATEGIC PLAN.

    Commissioner Chrisman reported that this item is kept on the agenda to provide the public an opportunity to comment on its Strategic Plan. He reviewed the development of the Strategic Plan and indicated that a formal review process would be commencing sometime this year, as needed to look for a funding source. Received public testimony.

  4. CONSIDERATION OF ADOPTION OF RECOMMENDED DRAFT POLICY ON COMMERCIALIZATION OF NATIVE REPTILES.

    Received the Department's updated report and recommended adoption of the Draft Policy; received public testimony; Commission adopted the Draft Policy on commercialization of native reptiles.

  5. REQUEST FOR AN AMENDMENT TO COMMISSION POLICY ON WILD TROUT WATERS TO CREATE A HERITAGE TROUT ANGLER RECOGNITION CERTIFICATE. (NOTE: COMMISSION WILL CONSIDER ADOPTION AT ITS APRIL 3, 2003, MEETING IN VISALIA.)

    Received request; received public testimony.

  6. (A) DEPARTMENT STATUS REPORT ON PREPARATION OF THE COHO SALMON RECOVERY PLAN.

    Received the Department's Status Report; received public testimony.

    (B) CONSIDERATION OF ADOPTION OF EMERGENCY REGULATIONS TO AMEND SECTION 749.1, TITLE 14, CCR, RE: INCIDENTAL TAKE OF COHO SALMON.

    Received the Department's recommendation for no changes at this time; received public testimony. Commission took no action.

  7. CONSIDERATION OF DEPARTMENT REQUEST TO EXTEND THE COMMISSION'S OCTOBER 23, 2002, EMERGENCY ACTION TO ADD SECTION 749.2, TITLE 14, CCR, RE: INCIDENTAL TAKE OF XANTUS'S MURRELET DURING CANDIDACY PERIOD.

    Received the Department's request; no public testimony received; Commission approved emergency action and authorized staff to publish notice to confirm the regulations for the entire candidacy period.

  8. RECEIPT OF THE SPOT PRAWN TRAWL FISHERMEN'S OBSERVER PLAN AND RECEIPT OF PUBLIC COMMENTS ON PROPOSED CHANGES TO SECTIONS 120.3, TITLE 14, CCR, AND TO ADD SECTION 120.45, TITLE 14, CCR, RE: COMMERCIAL SPOT PRAWN FISHERY.

    Received the Department's report; received public testimony. Commission to hold a special teleconference meeting on February 18 to consider adoption of any proposed changes.

  9. REQUEST FOR COMMISSION TO RECONSIDER ESTABLISHMENT OF THE CHANNEL ISLANDS MPAS.

    This item was removed from the agenda based on advice of the Commission's Legal Counsel because of the pending lawsuit on this matter.

  10. REQUEST OF STEPHEN BENAVIDES, ON BEHALF OF THE KELP FOREST COALITION, INC. FOR THE COMMISSION TO ADOPT A RECREATIONAL PREFERENCE FOR THE NEARSHORE MARINE RESOURCES.

    Received request from Stephen Benavides; Commission received no public testimony on this item based on advice of the Commission's Legal Counsel because of a pending lawsuit covering many of the same issues.

OTHER

  1. RECEIPT OF DEPARTMENT LEGISLATIVE REPORT.

    Deputy Director Brazil provided a brief summary of legislative actions taken to date.

  2. (A) UPDATE ON DEPARTMENT'S BUDGET.

    Deputy Director Brazil reported that there are no points of resolution at this time on the Department's 2003-04 budget. Deputy Director Mastrup added that the Department would be searching for all available funding sources.

    (B) UPDATE ON MARINE LIFE PROTECTION ACT TIMELINE. Fred Wendell reported that the MLPA working groups have completed a second round of meetings regarding socio-economic impacts; third round of meetings not yet scheduled because source of funds used to support private facilitation actions has been exhausted. Deputy Director Mastrup is assisting in the search for funds. Received public testimony.

    (C) UPDATE ON ENFORCEMENT OF MARICULTURE LEASE REGULATIONS.

    Eric Larson reported that Santa Barbara area commercial fishermen have reported on problems with marking of leases and reviewed the marking requirements and the Department's investigation to date.

    (D) UPDATE ON SURF PERCH REGULATIONS.

    Eric Larson updated the recent restrictions on surf perch bag limits. Received public testimony. The Department to address the public request during the upcoming sport fishing regulation review.

    (E) UPDATE ON CHRONIC WASTING DISEASE.

    Deputy Director Mastrup provided a copy of a new Department brochure and indicated that it's available on its web site; gave an update on the presence of CWD in other states and Canadian provinces; and reported that a national CWD plan is now in place and monitoring/sampling is ongoing.

    (F) UPDATE ON DEPARTMENT MONITORING PLAN FOR THE CHANNEL ISLANDS MPAS.

    John Ugoretz provided the Department's summary report; received public testimony. Department will hold a workshop in Santa Barbara on March 14-16 and will provide an update at the Commission's April 3, 2003, meeting in Visalia.

  3. (A) RECEIPT OF COMMISSION INFORMATIONAL ITEMS.

    I.  MARINE SUBCOMMITTEE.

    Commissioner Chrisman reported on the Marine Subcommittee meeting held on January 28, 2003, in Sacramento and attended by Commissioners Chrisman and Schuchat. Agenda topics covered were Priority 1 Items: Discussion Re: Data Collection Needs and Ways For Improvement; Discussion Re: Spot Prawn Fishery; Update on Draft Abalone Recovery and Management Plan; Selection of location and agenda topics for next Marine Subcommittee Meeting and Priority 2 Items: Update on Channel Islands MPA's Monitoring Plan; Update on Preparation of Draft Squid Fishery Management Plan and Restricted Access Regulations; RAPT Update; Update on Nearshore FMP Implementation; and Update on MLPA.

    II. AL TAUCHER POLICY ADVISORY COMMITTEE.

    Commissioner Chrisman reported on the Al Taucher Policy Advisory Committee held on December 19, 2002, in Sacramento and attended by Commissioners Chrisman and Flores. Agenda topics covered were: report on private lands/public access working group; report from legislative working group; report on monitoring Department's implementation of Commission Policy on "Multiple Use of Lands Administered by the DFG"; report on Development of a Standard management package that can act as a default management plan that presumes hunting and fishing be allowed; report on Department budget and potential impacts on hunting and fishing activities; discussion of requirements of obtaining a non-resident hunting license in other western states; discussion of recent National Forest closures and impacts on hunting opportunities; report on Carrizo Plaines Ecological Reserve; and an update on actions taken regarding Chronic Wasting Disease.

    (B)STAFF REPORTS.

    I.  RAPT UPDATE.

    Mike Weber provided an update.

  4. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

    Joe Blum provided a brief update.

  5. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    There was no report.

Meeting of
February 7, 2003 (Friday)
8:30 a.m.

1001 I Street
Central Valley Auditorium
Sacramento

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    Commission accepted its Hearing Officer's proposed decisions on the following license and permit items from the Commission's February 7, 2003, Executive Session:

    Annie and Vince Giammanco, Approved Transfer of Herring Permit.
    Geraldine Grillo, Denied Transfer of Herring Permit.
    Philip Glen Sanders, Denied Nearshore Fishery Permit.
    Steve Schwartz, Denied Salmon Vessel Permit.
    Dale Trinidad, Denied Nearshore Fishery Permit.

  2. RECEIPT OF DEPARTMENT PROPOSALS FOR TAG QUOTA CHANGES, CLARIFICATIONS AND URGENCY CHANGES FOR THE 2003-2004 MAMMAL HUNTING AND TRAPPING REGULATIONS. (Public comments and adoption of Department proposals are scheduled for the Commission's April 4, 2003, meeting in Visalia.) Note: No public recommendations will be received this year. By statute, public recommendations for changes in the Mammal Hunting and Trapping Regulations are considered only in even-numbered years. Any recommendations received after the regulation adoption process in April 2003 will be considered at the Commission's February 7, 2004, meeting in Long Beach.)

    Received the Department's proposals for tag quota changes; received public testimony; and Commission authorized staff to publish notice of recommended changes.

  3. RECEIPT OF PUBLIC TESTIMONY ON THE PROPOSED CHANGES TO SECTION 230, TITLE 14, CCR, RE: LIMITING THE NUMBER OF BASS TOURNAMENTS IN THE DELTA.

    Received the Department's report and received public testimony. Commissioner Kellogg will continue to discuss the issue with bass fishermen and requested the issue be scheduled for the Commission's 2004 Sacramento meeting.

  4. UPDATE ON SIERRA NEVADA BIGHORN SHEEP PROGRAM.

    Received update from Dr. Vern Bleich. Commission was concerned with the possible budget cuts in the funding of the recovery program and scheduled consideration of a Budget Policy Statement for its April 4, 2003, meeting in Visalia.

  5. CONSIDERATION OF ADOPTION TO ADD SECTION 1.92 AND AMEND SECTION 671, TITLE 14, CCR, RE: TRANSGENIC FISH.

    Received the Department's recommendation; received public testimony; Commission approved adoption to add Section 1.92 and amend Section 671, Title 14, CCR, regarding transgenic fish. Commission directed the Department to develop some additional regulations regarding the process to submit an application to the Commission for a public hearing and to further evaluate Senator Sher's recommendations.

  6. REQUEST OF ROBERT FLETCHER, SPORTFISHING ASSOCIATION OF CALIFORNIA, AND ROGER THOMAS, GOLDEN GATE FISHERMEN'S ASSOCIATION, FOR COMMISSION CONSIDERATION TO AMEND SECTION 195(d), TITLE 14, CCR, TO ESTABLISH A "BOAT LIMIT" FOR COMMERCIAL PASSENGER FISHING VESSELS.

    Received requests from Robert Fletcher and Roger Thomas; received public testimony; received the Department's recommendation; Commission directed the Department to develop a regulatory package and submit it as part of its recommendations for the sport fishing regulations biennial process.

  7. CONSIDERATION OF ADOPTION OF PROPOSED CHANGES TO SECTIONS 150.02 AND 150.04, TITLE 14, CCR, REGARDING PERMITS TO COMMERCIALLY TAKE DEEPER NEARSHORE SPECIES.

    Received the Department's recommendation; received public testimony; Commission adopted proposed changes.

  8. CONSIDERATION OF ADOPTION OF PROPOSED CHANGES TO SECTION 122, TITLE 14, CCR, REGARDING COMMERCIAL LOBSTER FISHING PERMITS.

    Received the Department's recommendation; received public testimony; Commission adopted proposed changes.

  9. CONSIDERATION OF ADOPTION OF PROPOSED CHANGES TO SECTION 27.82(a) AND ADD SECTIONS 1.39, 1.49 AND 27.83, TITLE 14, CCR, RE: COWCOD CONSERVATION AREA BOUNDARIES AND CREATION OF THE CALIFORNIA ROCKFISH CONSERVATION AREA.

    Received the Department's recommendation; received public testimony; Commission adopted proposed changes.

  10. RECEIPT OF DEPARTMENT DRAFT ABALONE RECOVERY AND MANAGEMENT PLAN. (NOTE: NO PUBLIC DISCUSSION AT THIS TIME, COMMISSION WILL DETERMINE HEARING SCHEDULE AND ADOPTION DATE.)

    Received the Department's report and received public testimony. Commission directed staff to establish a hearing schedule to include a central, southern and inland location sites with the August 28-29, 2003, meeting in Santa Rosa as the possible adoption meeting.

CONSENT CALENDAR - ALL APPROVED

  1. REQUEST TO PUBLISH NOTICE OF INTENT TO AMEND SECTION 1.74, TITLE  14, CCR, RE: MANDATORY RETURN OF STEELHEAD REPORT CARD.
    (NOTE: ADOPTION WILL BE CONSIDERED AT THE COMMISSION'S MAY 8, 2003, MEETING IN RIVERSIDE.)

    Approved; received public testimony.

  2. REQUEST TO PUBLISH NOTICE OF INTENT TO AMEND SECTION 7.00, TITLE 14, CCR, RE: TO ALLOW SPORT FISHING FOR COHO SALMON IN LAKE OROVILLE, BUTTE COUNTY.

    Approved; no public testimony.

  3. REQUEST TO PUBLISH NOTICE OF INTENT TO AMEND SECTION 7.50(b)(91.1), TITLE 14, CCR, RE: KLAMATH-TRINITY RIVER SALMON REGULATIONS AND SELECTION OF TENTATIVE INRIVER FALL CHINOOK SALMON ALLOCATION.

    Approved; no public testimony.

  4. REQUEST TO PUBLISH NOTICE OF INTENT TO AMEND SECTION 27.80, TITLE 14, CCR, RE: OCEAN SALMON FISHING REGULATIONS.

    Approved; no public testimony.

  5. REQUEST TO PUBLISH NOTICE OF INTENT TO AMEND SECTION 601, TITLE 14, CCR, RE: ENHANCEMENT AND MANAGEMENT OF FISH AND WILDLIFE AND THEIR HABITATS ON PRIVATE LANDS.

    Approved; received questions from Commissioner Flores.

  6. REQUEST TO PUBLISH NOTICE OF INTENT TO AMEND SECTION 712, TITLE 14, CCR, RE: RESTRICTIONS OF IMPORTATION OF HUNTER-HARVESTED DEER AND ELK CARCASSES.

    Approved; no public testimony.

  7. RECEIPT OF ANNUAL REPORTS RE: U.S. MARINE CORPS, CAMP PENDLETON, EITHER-SEX DEER HUNT, SAN DIEGO COUNTY, AND U.S. ARMY, FORT HUNTER LIGGETT, ANTLERLESS DEER HUNT, MONTEREY COUNTY, UNDER SECTION 640, TITLE 14, CCR.

    Approved; no public testimony.

  8. DEPARTMENT REQUEST FOR AUTHORIZATION TO GRANT A PERMANENT EASEMENT TO CALTRANS OF 4.28 ± ACRES AT GRIZZLY ISLAND WILDLIFE AREA, SOLANO COUNTY, TO CONSTRUCT A TIDAL CHANNEL THROUGH GOODYEAR SLOUGH.

    Approved; no public testimony.

  9. DEPARTMENT REQUEST FOR AUTHORIZATION TO ACCEPT 654 ± ACRES FROM SHEA HOMES DEVELOPMENT FOR A CONSERVATION EASEMENT TO ESTABLISH A MITIGATION BANK, ALAMEDA COUNTY.

    Approved; no public testimony.

  10. CONSIDERATION OF CONTINUATION OF WHITE STURGEON BROODSTOCK COLLECTION PROGRAM.

    Approved; no public testimony.

  11. REQUEST OF FRANK PETERSEN FOR AN EXPERIMENTAL GEAR PERMIT TO TRAP DEEP WATER OCTOPUS.

    Approved; no public testimony.

  12. APPROVAL OF MINUTES.

    Approved Minutes for the following meetings: August 1-2, 2002, in San Luis Obispo; August 29-30, 2002, in Oakland; October 23-24-25, 2002, in Santa Barbara and Crescent City; and December 20, 2002, in Sacramento.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.