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Meeting of
April 3, 2003 (Thursday)
10:00 a.m. |
Board of Supervisors Chambers
Administation Building
2800 W Burrel
Visalia
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ALL MEETINGS OPEN TO THE
PUBLIC
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| DISCUSSION ITEMS |
| 1. |
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.
Paul Strasser provided comments that the
whitefish closure during the rockfish closure
does not make any sense and requested that
the fishery be reopened because in his experience
they don't have a bycatch of rockfish.
Chris Hoeflinger provided comments on
the nearshore fishery and objected to the
Department of Fish and Game's proposed procedure
for amending sections 52.10, 150.06 and 150.16,
Title 14, CCR, on the basis that it violates
the procedures for amending these sections
as set forth in the Nearshore Fishery Management
Plan, which was recently adopted by the Commission.
He commented that trip limits have expired
and that it is important to have them and
suggested reconvening the Nearshore Fishery
Advisory Committee to develop additional options
that better meet the goals of the NFMP.
Chris Miller commented on the Marine
Region's priority issues, the lobster management
plan may be awhile, and requested the Commission
consider writing a letter to the Coastal Commission
regarding review and comment on any plans
affecting eel grass meadows for protection
of lobster rearing habitat.
Fred Wendell pointed out that the Department
has the opportunity to review the beach replenishment
documents now, and suggested working with
the Marine Region instead of sending a letter
to the Coastal Commission.
Harry Liquornik recommended amendments
to the Master Plan: when advisory panels are
involved in the development of FMP's or Plan
amendments the advisory panels should be directly
involved in the development of alternatives
for the FMP; the Preferred Alternative should
continue to be developed in any manner the
Department sees fit; advisory panel comments
should go to the Peer review as a whole along
with any summaries of comments; the advisory
panels should also be involved with FMP revisions
based on peer review comments; and at least
one Commission hearing to determine adequacy
of Draft FMP or plan amendment to trigger
the Peer review process.
Bob Strickland provided comments on the
boat bag limits and the recent constituent
meeting. He suggested a word change from passengers
to licensees which would allow the crew to
also take fish.
Marci Yaremko provided a followup on
the committee meeting that is working on the
boat bag limit process and will report to
the Commission in August.
Paul Weakland commented that the Department
destroys records after four years, which is
a bureaucratic double shuffle. He also commented
on the State's budgetary crisis.
Zeke Grader commented on the nearshore
fishery permit appeal issue and how some fishermen
who have a long history of fishing don't qualify
for permits and recommended that the long
history of a fisherman in a fishery should
be taken into consideration when approving/denying
permits.
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| 2. |
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. He encouraged
the public to submit comments and/or suggestions.
Received public testimony.
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| 3. |
CONSIDERATION OF ADOPTION OF AMENDMENT TO
COMMISSION
POLICY ON WILD TROUT WATERS TO CREATE
A HERITAGE TROUT ANGLER RECOGNITION CERTIFICATE.
Received the Department's recommendation;
received public testimony; Commission approved
amending the Commission policy on Wild Trout
Waters to create a Heritage Trout Angler Recognition
Certificate.
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| 4. |
CONSIDERATION OF ADOPTION OF COMMISSION BUDGET
POLICY STATEMENT TO MAINTAIN FULL FUNDING
OF THE SIERRA NEVADA BIGHORN SHEEP RECOVERY
PROGRAM.
Commission declared its full support of
the Sierra Nevada Bighorn Sheep Recovery Program
and pledged its full support to maintain adequate
funding of the recovery program until the
status of the SNBS population stabilizes.
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| OTHER |
| 5. |
RECEIPT OF DEPARTMENT LEGISLATIVE REPORT.
Deputy Director Mastrup provided a brief
summary of legislative actions taken to date
and the Department's written report, including
the list of priority bills. President Flores
provided an update on AB 1190 and AB 342. Received
public testimony. The Commission affirmed its
approval of the letters sent in opposition of
AB 342 and AB 1190.
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| 6. |
RECEIPT OF DEPARTMENT INFORMATIONAL
ITEMS. |
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(A)
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UPDATE ON DEPARTMENT'S BUDGET.
Deputy Director Mastrup reported on the
Department's 2003-04 budget; that budget negotiations
are continuing and that it could be worse
than expected. President Flores commented
that the Commission's Budget Subcommittee
would be requesting assistance from the Legislature.
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(B)
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UPDATE ON MARINE LIFE PROTECTION ACT TIMELINE.
Fred Wendell reported that the Department
has delayed the next round of regional advisory
committee meetings due to budget constraints.
Received public testimony.
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(C) |
UPDATE ON DEPARTMENT MONITORING PLAN FOR THE
CHANNEL ISLANDS MPAS.
Fred Wendell provided a brief overview,
summarized the March workshop, and the item
will be reviewed at the next Marine Subcommittee
meeting scheduled for May 1, 2003, in Sacramento.
Received public testimony.
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(D) |
UPDATE ON MEETING SCHEDULE FOR ABALONE RECOVERY
AND MANAGEMENT PLAN.
Fred Wendell described the Department's
proposed schedule for a May, June and August
meetings and possibly a meeting in the Fort
Bragg area. Received public testimony.
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(E) |
UPDATE ON COHO RECOVERY PLANNING PROCESS.
Deputy Director Mastrup reported that the
recovery planning process is in full gear, all
watersheds are being reviewed, two subcommittees
have been formed and are moving forward, and
the group was very committed to the process.
He reviewed the timeline: two meetings in April;
working on watershed review in May; and a report
to the Commission at its June meeting. Received
public testimony.
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7.
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RECEIPT OF COMMISSION INFORMATIONAL
ITEMS.
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(A)
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SUBCOMMITTEE REPORTS.
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I. MARINE SUBCOMMITTEE.
Commissioner Chrisman reported on the
Marine Subcommittee meeting held on March 18, 2003, in Sacramento and attended by Commissioners
Chrisman and Schuchat. Agenda topics covered
were: Marine Region's rulemaking priorities
for 2003; National Marine Sanctuaries efforts
for regulatory authority for fishery management
within the Sanctuaries; Commission/PFMC coordination
on nearshore and MPAs; marine sport fishing
regulation proposals for 2004/05; Nearshore
Phase II Management Options; update on Nearshore
Restricted Access Permit implementation and
appeals; ocean salmon regulations; RAPT update
of priorities; Dungeness crab trap destruct
device regulations to extend sunset date;
amendment of the MLMA Master Plan; and the
Abalone Recovery and Management Plan's hearing
schedule. The next Marine Subcommittee meeting
is scheduled for May 1, 2003, in Sacramento.
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II. AL TAUCHER POLICY ADVISORY COMMITTEE.
President Flores reported on the Al Taucher
Policy Advisory Committee held on March 20, 2003, at the Fresno County Sportsman's Lodge
in Fresno and attended by Commissioners Chrisman
and Flores. Agenda topics covered were: report
from Private Lands/Public Access Working Group;
presentation on the American Hunting Heritage
Association; report from Legislative Working
Group; Department update on Legislative issues;
report from Working Group Monitoring Department's
Implementation of Commission Policy on "Multiple
Use of Lands Administered by the DFG";
report on Department budget and potential
impacts on hunting/fishing activities; report
on U.S. Fish and Wildlife Service's proposed
regulations regarding captive-reared mallards;
Department presentation on land acquisitions
and preserving hunting and sport fishing opportunities;
presentation by Sierra Foothill Conservancy
regarding management of their lands; Department
presentation on the Carrizo Plains Ecological
Reserve; and Department updates on Chronic
Wasting Disease and Newcastle Disease.
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(B)
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STAFF REPORTS.
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I. RAPT UPDATE.
There was no report; received public testimony.
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| 8. |
RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.
Joe Blum provided a brief update on the
following: coho salmon recovery team two day
meeting scheduled for July; reviewing listing
of all salmonids on the west coast; MRFSS report
and funding allotments; and requested the Commission
invite Rod McInnis to the May 1 Marine Subcommittee
meeting. Received public testimony.
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| 9. |
RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.
Deputy Attorney General Cunningham briefly
reviewed recent changes to the Bagley-Keene
Open Meeting Act and indicated he would provide
copies to the Commissioners and a detailed
report at the next meeting.
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| 10. |
FIELD TRIP - AT THE CONCLUSION OF THE MEETING,
THE COMMISSION WILL HAVE A FIELD TRIP TO SOUTHERN
TULARE COUNTY TO OBSERVE SOME WETLAND ENHANCEMENT
PROJECTS AND THEIR RESULTS. THE PUBLIC MAY ATTEND,
BUT MUST PROVIDE OWN TRANSPORTATION.
Commission took a field trip to southern
Tulare County to observe wetland enhancement
projects.
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ALL MEETINGS OPEN TO THE PUBLIC
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DISCUSSION ITEMS
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| 11. |
ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.
Deputy Attorney General Cunningham reported
that no action was taken at the Commission's
Executive Session. Received public testimony.
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| 12. |
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13.
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| 14. |
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| 15. |
RECEIPT
OF PUBLIC COMMENTS ON THE PROPOSAL TO AMEND
SECTION 1.74, TITLE 14, CCR, RE: MANDATORY
RETURN OF STEELHEAD REPORT CARD. (Note: The
adoption hearing is scheduled for May 8, 2003,
in Riverside.)
Received the Department's proposal; received
public testimony; Commission to consider adoption
at its May 8, 2003, meeting in Riverside.
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| 16. |
RECEIPT
OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 7.00,
TITLE 14, CCR, RE: TO ALLOW SPORT
FISHING FOR HATCHERY COHO SALMON IN LAKE OROVILLE,
BUTTE COUNTY. (Note: The adoption hearing
is scheduled for May 8, 2003, in Riverside.)
Received the Department's proposal; received
public testimony; Commission to consider adoption
at its May 8, 2003, meeting in Riverside.
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| 17. |
CONSIDERATION
OF ADOPTION OF PROPOSED AMENDMENTS TO SECTION 27.80,
TITLE 14, CCR, RE: OCEAN SALMON
FISHING REGULATIONS.
Received the Department's proposal; received
public testimony; Commission approved proposed
amendments to Section 27.80, Title 14, CCR,
re: ocean salmon fishing regulations.
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| 18. |
CONSIDERATION
OF ADOPTION OF PROPOSED AMENDMENTS TO SECTION 7.50(b)(91.1),
TITLE 14, CCR, RE: KLAMATH-TRINITY
RIVER SALMON REGULATIONS.
Received the Department's proposal; received
public testimony; Commission approved proposed
amendments to Section 7.50(b)(91.1), Title 14, CCR, re: Klamath-Trinity River Salmon regulations.
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| 19. |
DISCUSSION OF MARINE REGION'S RULEMAKING WORK
PRIORITIES FOR 2003.
Deputy Director Mastrup presented the Marine
Region's report on its rulemaking work priorities
for 2003. Received public testimony. Commission
suggested that the Department reevaluate the
priority list and recommended that the Nearshore
Phase III Implementation should be given higher
priority; Commission directed the Department
to partner with the Sea Urchin and Herring industries
who have volunteered to assist the Department
in writing proposed regulation changes; Commission
requested the Department loan a senior level
biologist position to the Commission Office
to assist in carrying out the rulemaking needs
of the Marine Region.
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| 20. |
RECEIPT
OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTIONS 52.10,
150.06, AND 150.16, TITLE 14, CCR,
RE: NEARSHORE REGIONAL TOTAL ALLOWABLE
CATCHES, TRIP LIMITS AND WEEKDAY CLOSURES.
Received the Department's proposal; received
public testimony; Commission to consider adoption
at its June 20, 2003, meeting in Mammoth Lakes.
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| 21. |
REQUEST TO PUBLISH NOTICE OF INTENT TO AMEND
SECTION 671.1(a) (9), TITLE 14, CCR, RE: TRANSGENIC FISH.
Received the Department's proposal; received
public testimony; Commission to receive public
testimony at its May 8, 2003, meeting in Riverside
and consider adoption at its June 20, 2003,
meeting in Mammoth Lakes.
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| CONSENT CALENDAR-
ALL APPROVED. |
| 22. |
REQUEST TO PUBLISH NOTICE OF INTENT TO AMEND SECTION 7.50(b)(5)(E) AND (156)(F)(G), TITLE 14, CCR, RE: WINTER RUN SALMON FOR AMERICAN
AND SACRAMENTO RIVERS. (Note: The adoption hearing
is scheduled for June 20, 2003, in Mammoth Lakes.)
Approved, no public testimony.
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| 23. |
REQUEST TO PUBLISH NOTICE OF INTENT TO AMEND
SECTION 180.2(c), TITLE 14, CCR, TO EXTEND SUNSET
DATE FOR THREE YEARS.
Approved, no public testimony.
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| 24. |
REQUEST OF THE CULTURED ABALONE, INC., TO RENEW
KELP LEASE K-010 FOR KELP BED NO. 27 FOR AN
ADDITIONAL FIVE-YEAR TERM.
Approved, received public testimony.
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| 25. |
DEPARTMENT REQUEST FOR AUTHORIZATION TO ACCEPT
834 ± ACRES FOR A CONSERVATION EASEMENT
TO BE KNOWN AS THE STILLWATER PLAINS MITIGATION
BANK, SHASTA COUNTY.
Approved, no public testimony.
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| 26. |
DEPARTMENT REQUEST FOR AUTHORIZATION TO ACCEPT
64 ± ACRES FROM THE NEWHALL LAND AND
FARMING COMPANY FOR A CONSERVATION EASEMENT,
LOS ANGELES COUNTY.
Approved, no public testimony.
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| 27. |
APPROVAL OF MINUTES.
Approved minutes for the following meetings:
December 5-6, 2002 - Monterey; and Teleconference
Meeting of February 18, 2003 - Sacramento.
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| OTHER |
| 28. |
ANNOUNCEMENT
OF FUTURE MEETINGS. |
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