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Meeting of
May 7, 2003 (Wednesday)
10:00 a.m. |
Riverside
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ALL MEETINGS OPEN TO THE
PUBLIC
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NOTE: Field Trip The Commission Has
Scheduled a Field Trip Leaving from the Riverside
Airport at Approximately 10:00 a.m. to Observe
Some Habitat Conservation Planning and Natural
Communities Conservation Planning Work Being
Done in Riverside County. The Public May Attend,
But Must Provide Their Own Transportation.
The Estimated Return Time to Riverside is
5:00 p.m.
The Commission and staff toured an approximate
10,000 acre tract proposed for purchase to
provide permanent habitat protection for wildlife
values, then toured the Department of Fish
and Game's San Jacinto Wildlife Area.
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SUMMARY OF MEETING
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DISCUSSION ITEMS
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| 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 May
8, 2003, Executive Session:
QUY THANH CHUONG, APPROVED NEARSHORE FISHERY
PERMIT.
XUAN MUN LY, APPROVED NEARSHORE FISHERY PERMIT.
SAU NGO, APPROVED NEARSHORE FISHERY
PERMIT.
SAU PHANG, APPROVED NEARSHORE FISHERY
PERMIT.
KIU SIN, APPROVED NEARSHORE FISHERY
PERMIT.
ANNA WONG, APPROVED NEARSHORE FISHERY PERMIT.
LARRY WONG, APPROVED NEARSHORE FISHERY PERMIT.
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| 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.
Gordon Fox spoke about converting spot
prawn trawl permits to trap permits to finish
what was started with the prohibition on the
use of trawls. He indicated that the industry
is ready to help the process in any way possible.
Deputy Director Mastrup said he would check
with Marine Region staff to see what priority
has been assigned to this matter. Mr. Mastrup
appreciated Mr. Fox's offer of assistance
and would get back to him promptly.
Kevin Cooper, San Diego sport diver,
requested an amendment of Section 630, Title
14, to allow the possession and transport
of spear guns through the San Diego - La Jolla
Ecological Reserve from the sand beach boat
launch area to outside the Reserve for sportfishing
purposes. He provided suggested wording to
allow this activity.
Deputy Director Mastrup indicated the
Department is willing to look into this matter.
He stated that if Section 630 of Title 14
is opened for other regulatory matters this
change should not be a problem. He pointed
out that it might have to wait for the normal
sport fishing regulatory process if that section
won't be open for other reasons.
Juanita Dellomes spoke about the Fishing
in the City Program in Los Angeles at Echo
Lake. She expressed her concerns with a new
organization that has interfered with the
Department of Fish and Game's efforts. She
indicated that this organization was not really
interested in the welfare of the youth and
did not provide equipment or other materials
for the events.
President Flores said the Commission fully
supports the Fishing in the City Program.
Bob Osborn stated that a sportfish landing
has closed from lack of business due to cuts
in fishing opportunities. He indicated there
has been a new stock assessment made for bocaccio
that may lead to the PFMC reassessing the
OY for that fishery in June. He would like
the Commission to make changes if the PFMC
does so. He indicated that the science panel
for the Channel Islands National Marine Sanctuary
work group for the monitoring program reached
consensus that it is not necessary to monitor
pelagic fish species. He requested the Commission
follow up on this issue. He indicated that
he would like to see a workshop on recreational
allocation of fish stocks.
Virginia Handley related that she was
concerned about live animal markets and their
role in disease transmission. She also said
she would like to see legislation to give
Commission authority over frog jumping contests.
She does not agree with the Department's position
that bullfrogs, an exotic species, should
be released into the wild after the frog jumping
contests.
Bob Strickland provided the Commission
with a handout of Dr. Alec MacCall's report
on bocaccio stock status. He stated that he
would like the Commission to write a letter
of support for early opening of the rockfish
season to the PFMC.
Vice President Chrisman asked if the
STAR panel agrees with Dr. MacCall's report.
Mr. Strickland did not know.
Mr. Chrisman indicated that the PFMC would
ask the same question.
Mr. Strickland indicated that he didn't
know what the increased OY might be. Mr. Strickland
stated that the June 16-20 PMFC meeting conflicts
with June 19-20 Commission meeting and indicated
there is also a conflict with the August meetings
of the PFMC and the Commission. He asked if
the Commission can change the agenda for the
June meeting to move marine items to the early
August meeting so there would not be a conflict.
Deputy Director Mastrup said there is good
news about bocaccio, as there are several
strong age classes coming in to play. He stated
that it is not clear what the outcomes will
be as far as increased fishing opportunity.
He indicated that the latest view is that
bocaccio stock assessments may come in between
6 and 10 percent of the unfished biomass,
up from earlier estimates of 4 percent. He
stated that the PFMC may have a better picture
by their June meeting.
Mr. Chrisman stated that he would like
a report on the age structure of the increased
bocaccio biomass and how that would translate
to increased fishing opportunities and harvest
at the next Marine Subcommittee meeting.
Chris Hoeflinger said bocaccio in southern
California are the driving factor for the
fishing closures and we need age/year class
information to model the fishery. Twenty tons
have been allowed for the fishery, but none
for research. Channel Island reserves prohibit
possession of fish in a reserve unless the
fish are on the boat, but fishermen need authority
to put their catch over the side or in a receiver
for species such as crabs, lobster and live
fish. They also need to store the catch while
they continue fishing on multi-day trips.
The new laws force them to anchor in unsafe
locations because they cannot have their catch
in the water. Because of this the reserve
regulations prevent them from safely anchoring.
Vice President Chrisman replied that the
Commission and the Department would take a
close look at that.
Paul Weakland asked for an explanation
on where the missing Commissioners were. California
history shows that in 1801 Russians had sea
otter hunting expeditions and sea otters did
not roam up and down the coast. There are
no otter remains in Indian middens and no
indication that Native Americans used sea
otters. Recent sea otter deaths appear related
to pollution and sea otters don't belong here.
The FWS admitted failure of sea otter transplants
and sea otter research is now just a ploy
for more grant money and no more grants should
be issued. If trawling is so bad, why do we
allow sea cucumber trawling without restriction
and why are they allowed to retain halibut
bycatch? The abalone document is not done
but the Department is moving forward with
sea urchin regulations. And as for staff compensation
no one believes fish and game staff is earning
their money now, let alone should they be
rewarded for secret activity without the public
present.
Karen Reyna said there is good news in
San Francisco where the Board of Supervisors
has passed resolutions on Chilean sea bass
and seafood labeling. While not binding the
resolutions raise public awareness about where
and how seafood is caught. Her organization
supports conversion to spot prawn traps for
former trawlers and bocaccio stock assessment
should be looked at closely before making
changes to the sport fishing regulations.
Leslie Purcell said she would like to
see the Ballona Creek wetlands area saved.
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3.
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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.
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| 4. |
DEPARTMENT'S ANNUAL REVIEW OF COMMISSION
POLICIES AND REPORT TO COMMISSION REGARDING
COMPLIANCE.
Deputy Director Mastrup provided a report
on a portion of the policies and a commitment
to provide reports on a continuing basis until
complete. Received public testimony.
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| 5. |
CONSIDERATION
OF FINAL CERTIFICATION OF ENVIRONMENTAL DOCUMENTS,
ADOPTION OF FINDINGS AND PROPOSED PROJECT (OR
ALTERNATIVES) AND ADOPTION OF TAG QUOTA CHANGES,
CLARIFICATIONS AND URGENCY CHANGES FOR THE 2003-2004
MAMMAL HUNTING AND TRAPPING REGULATIONS.
Received the Department's recommendation;
received public testimony; Commission certified
the environmental documents and adopted proposed
changes.
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| 6. |
RECEIPT
OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 671.1(a)
(9), TITLE 14, CCR, RE: TRANSGENIC
FISH.
Received the Department's recommendation;
received public testimony.
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| 7. |
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 recommendation;
received public testimony.
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| CONSENT CALENDAR - ALL APPROVED |
| 8. |
REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE
OF INTENT TO CONSIDER URGENCY AND CLARIFICATION
CHANGES IN THE 2003-2004 RESIDENT AND MIGRATORY
UPLAND GAME BIRD AND MIGRATORY NONGAME BIRD
(AMERICAN CROWS ONLY) REGULATIONS. (Note: By
statute, public recommendations for changes
in the Resident and Migratory Upland Game Bird
and Migratory Nongame Bird (American Crows only)
Regulations are considered only in even-numbered
years. Therefore, no public recommendations
will be received this year. In odd-numbered
years, the Department of Fish and Game only
recommends permit quota changes or urgency changes
to the regulations. The Department is preparing
environmental documents for its no-change recommendation
and will be circulating those documents for
public review. The Commission will receive public
testimony on those documents at its June 20, 2003,
meeting and will consider certification of the
environmental documents and adoption of any
regulations at its August 2, 2003
meeting.)
Approved; no public testimony.
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| 9. |
REQUEST FOR AUTHORIZATION TO PUBLISH NOTICE
OF INTENT TO AMEND SECTIONS 550-552, TITLE 14, CCR,
RE: STATE AND FEDERAL WILDLIFE AREAS. (Note:
The Commission will receive public testimony
on the proposed regulations at its June 20, 2003,
meeting and will consider adoption at its August 2, 2003,
meeting in Long Beach.)
Approved; no public testimony.
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| 10. |
COMMISSION STAFF REQUEST FOR AUTHORIZATION
TO PUBLISH NOTICE OF INTENT TO AMEND SECTION 120.7,
TITLE 14, CCR, RE: SEA URCHIN
FISHING.
Approved; received public testimony.
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| 11. |
CONSIDERATION
OF ADOPTION OF PROPOSED AMENDMENTS TO SECTION 1.74,
TITLE 14, CCR, RE: MANDATORY
RETURN OF STEELHEAD REPORT CARD.
Approved; received public testimony.
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| 12. |
CONSIDERATION
OF ADOPTION OF PROPOSED AMENDMENTS TO SECTION 7.00,
TITLE 14, CCR, RE: TO ALLOW SPORT
FISHING FOR HATCHERY COHO SALMON IN LAKE OROVILLE,
BUTTE COUNTY.
Approved; received public testimony.
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| 13. |
CONFIRMATION
OF EMERGENCY ACTION TO ADD SECTION 749.2,
TITLE 14, CCR, RE: INCIDENTAL TAKE
OF XANTUS'S MURRELET DURING CANDIDACY PERIOD.
Approved; no public testimony.
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| 14. |
REQUEST OF JON GUENTHER TO AMEND HIS RESIDENT
RESTRICTED SPECIES EXHIBITING PERMIT TO AUTHORIZE
THE USE OF A SAKER FALCON FOR NUISANCE BIRD
ABATEMENT.
Approved; no public testimony.
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| 15. |
APPROVAL OF PRIVATE LANDS HABITAT ENHANCEMENT
AND WILDLIFE AREA LICENSE (2003-2008) AND 2003-2004
MANAGEMENT PLAN FOR:
(A) EDEN VALLEY RANCH, MENDOCINO COUNTY
(B) MILLER-ERIKSEN RANCH, MENDOCINO COUNTY
Approved; no public testimony.
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| 16. |
APPROVAL OF ANNUAL REPORT AND 2003-2004 PRIVATE
LANDS HABITAT ENHANCEMENT AND WILDLIFE AREA
PLANS FOR:
(A) ALAMO RANCH, SAN LUIS OBISPO COUNTY
(B) AVENALES RANCH, SAN LUIS OBISPO COUNTY
(C) CARLEY RANCH, MENDOCINO COUNTY
(D) CHRISTENSEN RANCH, MENDOCINO COUNTY
(E) CLARK AND WHITE RANCH, SAN LUIS OBISPO
COUNTY
(F) CLARKS VALLEY - RED ROCK, LASSEN COUNTY
(G) DOW CHIMINEAS RANCH, SAN LUIS OBISPO
COUNTY
(H) FIVE DOT RANCH-AVILA UNIT, LASSEN COUNTY
(I) FIVE DOT RANCH - WILLOW CREEK UNIT,
LASSEN COUNTY
(J) FOWLER RANCH, LAKE COUNTY
(K) GABILAN RANCH, MONTEREY COUNTY
(L) LOOKOUT RANCH, MODOC COUNTY
(M) MARTIN RANCH, MENDOCINO COUNTY
(N) POTTER VALLEY WMA, MENDOCINO COUNTY
(O) R MOUNTAIN RANCH, MENDOCINO COUNTY
(P) ROBINSON CREEK RANCH, MENDOCINO COUNTY
(Q) SCHNEIDER RANCH, MENDOCINO COUNTY
(R) SEVEN SPRINGS RANCH, MENDOCINO COUNTY
(S) SHAMROCK RANCH, MENDOCINO COUNTY
(T) SUMMER CAMP, MENDOCINO COUNTY
(U) TOMS CREEK RANCH, MODOC COUNTY
(V) WORK RANCH, MONTEREY COUNTY
Approved; no public testimony.
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| 17. |
DEPARTMENT REQUEST FOR AUTHORIZATION TO ACCEPT
FEE TITLE OF 640 ± ACRES, IMPERIAL COUNTY,
FROM NORTH BAJA PIPELINE FOR MITIGATION PURPOSES.
Approved; no public testimony.
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| 18. |
REQUEST OF TODD CLAY, NORTHERN PACIFIC, LLC,
KIRKLAND, WASHINGTON, FOR MODIFICATION OF CONDITIONS
OF THEIR EXPERIMENTAL GEAR PERMIT X-1861 TO
TAKE TANNER CRABS AND OTHER DEEP WATER CRABS.
Approved; no public testimony.

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| 19. |
APPROVAL OF MINUTES.
Approved; no public testimony.
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| OTHER |
| 20. |
RECEIPT OF DEPARTMENT LEGISLATIVE REPORT.
No report provided.
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| 21. |
RECEIPT OF DEPARTMENT INFORMATIONAL
ITEMS. |
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(A)
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UPDATE ON DEPARTMENT'S BUDGET.
No report provided.
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(B)
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UPDATE ON MARINE LIFE PROTECTION ACT TIMELINE.
Received written update; received public
testimony.
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(C) |
UPDATE ON DEPARTMENT MONITORING PLAN FOR THE
CHANNEL ISLANDS MPAS.
Received written update; received public
testimony.
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(D) |
UPDATE ON MEETING SCHEDULE FOR ABALONE RECOVERY
AND MANAGEMENT PLAN.
Received written update; received public
testimony.
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(E) |
UPDATE ON COHO RECOVERY PLANNING PROCESS.
No report provided; Commission requested
an oral report at its June 19-20 meeting.
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22.
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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 May 1,
2003, in Sacramento and attended by Commissioners
Chrisman and Schuchat. Agenda topics covered
were: Discussion Re: National Marine Sanctuaries
and Their Management; Update on Fishery Data
Collection Program and Available Funding;
Discussion of 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 for Cabezon,
Greenling and Sheephead; Discussion of Proposed
Marine Legislation; Update on Marine Regulatory
Priorities; Update on Herring Resource; Update
on Channel Islands Monitoring Program. The
next Marine Subcommittee meeting is scheduled
for May 30, 2003, in Los Alamitos.
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(B)
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STAFF REPORTS.
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I. RAPT UPDATE.
No report given.
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| 23. |
RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.
No items given.
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| 24. |
RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.
No items given.
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| 25. |
ANNOUNCEMENT
OF FUTURE MEETINGS. |
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