August 28-29, 2003, Meeting Summary

Meeting of
August 28, 2003 (Thursday)
10:00 a.m.

Flamingo Resort
Hotel/Conference Center*
2777 4th Street
Santa Rosa

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

  1. PRESENTATION OF DIRECTOR'S ACHIEVEMENT AWARD AND COMMISSION RESOLUTION TO BRETT MATZKE, SIERRA NEVADA MANAGER, CALIFORNIA TROUT.

    Regional Manager Bill Loudermilk presented Brett Matzke with a Director's Achievement Award and a wood carving of a Golden Trout. President Flores presented Mr. Matzke with a Commission Resolution for his contributions to protect and preserve our State's Heritage Trout.

    President Flores also presented Assistant Executive Director John Duffy with a Commission Resolution in honor of his upcoming retirement.

  2. U.S. FOREST SERVICE ANNUAL REPORT RE: "STATUS OF RESOURCE MANAGEMENT ON NATIONAL FOREST LANDS."

    Received report from the United States Forest Service.

  3. 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.

    Jim Stengle spoke on a possible request from the Marin Municipal Water District to conduct a food habit study on wild turkeys, which would eliminate several hundred wild turkeys. He noted that some of this information may be rumor, but wanted to voice the concern of the National Wild Turkey Federation.

    Deputy Director Mastrup explained that Marin County Water District has been concerned with the number of turkeys on District Lands and the resulting effects on watershed health and water quality. He noted that the Department is working with the District to address this problem but there has not been a formal permit request received at this time. He indicated that the Commission would soon receive a draft turkey management plan which will include options for dealing with areas where turkeys are not desirable. He noted that the Department would share with the Commission, any future permit requests having to do with turkey depredation .

    Phil Martinelli indicated further concern on behalf of the California chapter of the NWTF, regarding wild turkeys on watershed land, especially with removing the turkeys by lethal means. He noted that NWTF supported the draft management plan that the Department had recently posted. He read a statement from the President of the NWTF California Chapter which indicated that NWTF was willing to fund the trapping and relocation all of the turkeys found to be a nuisance, at no cost to the water districts or the State of California.

    Bob Strickland provided a letter to the Commission regarding his concern that commercial fisheries are not self sustaining, and that recreational fishermen do not want their recreational license money used to support those fisheries. He requested that the Department provide a breakdown of the cost of the fisheries including all money that recreational fishermen are contributing.

    Tom Raftican supported Mr. Strickland's comments and indicated that the commercial squid fishery should be self supporting through permits of landing taxes as it is the largest fishery in the state. He indicated additional concerns with program funding allocation and suggested that the Department conduct an audit of fishery program expenses and publish those results for public review and comment; he noted that a formal letter of request would be forthcoming.

    Karen Reyna commended the Commission on requesting additional information on the squid FMP at the last meeting, and thanked the Department for providing that information. She indicated that they are coordinating with a panel of scientists to provide additional squid fishery data to the Department. She stated that they are concerned with the squid FMP's problem statement, in that the goals and objectives do not match goals of Marine Life Management Act. She noted that at the last meeting, she had provided an informational packet on squid as forage, and would like to see a range of alternatives added to the plan based on this information. She noted that they will be submitting substantial comments at the upcoming special meetings. She questioned if adoption of the plan had indeed been delayed until the December meeting.

    Executive Director Treanor confirmed that the adoption hearing had been extended until December.

    Eric Mills commented that he believes wild turkeys are a non-native species. He indicated that he visits markets in China Town on a weekly basis and regularly sees prohibited turtles and bull frogs that are being mistreated and many are being dumped into the wild. He requested that the Commission consider a ban on the importation of turtles and bull frogs. He noted that there is a lake in Golden Gate Park that is inhabited by hundreds of African clawed frogs that are a huge problem to native species. He wants to know what the Department is going to do about the situation.

    Paul Weakland provided the Commission with an article from Marine Management Newsletter on the abalone management plan. He commented that the Department and Commission had missed all of their deadlines and that none of the public comments from that last seven years on abalone had been addressed. He stated that the studies from Bodega Bay Marine lab on the subject are all skewed. He questioned when this issue would be resolved. He noted that the squid landings from last year brought in a lot of money which never seems to be enough.

    Executive Director Treanor clarified that the special meetings on the Abalone Recovery and Management Plan are being scheduled and that the new deadline for consideration of adoption is set for the December meeting in Sacramento.

    Craig Bell discussed the Butte Creek spring run salmon kill. He commented that PG&E could do more to manipulate water flows to improve and reduce water temperature which is the cause of the gill disease killing the spring run chinook salmon.

    Deputy Director Mastrup responded that this is an ongoing problem as water management is very complicated in this state, and that they are currently discussing issue.

  4. 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 plan and indicated that a formal review process would be commencing sometime this year, as needed to look for a funding source. Received public comment.

  5. CONSIDERATION OF CERTIFICATION OF FINAL ENVIRONMENTAL DOCUMENT, ADOPTION OF FINDINGS AND PROPOSED PROJECT (OR ALTERNATIVE), AND FINAL ADOPTION OF THE 2003-04 MIGRATORY WATERFOWL REGULATIONS SECTIONS 502 and 507(c), TITLE 14, CCR.

    Received Department's report; received public testimony; Commission certified the final environmental document; Commission adopted the proposed 2003-2004 Migratory Waterfowl Regulations as proposed and no change in the use of SWDs until December 1, in regard to Section 507(c).

  6. PURSUANT TO SECTION 2114 OF THE FISH AND GAME CODE, RECEIPT OF THE DEPARTMENT'S DRAFT RECOVERY PLAN FOR COHO SALMON.

    Received Department's report; received public testimony. Commission continued the regulatory process for an additional 6 months; Commission to hold a special public hearing in September as requested by the Department.

OTHER

  1. RECEIPT OF DEPARTMENT LEGISLATIVE REPORT.

    No report provided.

  2. RECEIPT OF DEPARTMENT INFORMATIONAL ITEMS.
    1. UPDATE ON DEPARTMENT'S BUDGET.

      Deputy Director Mastrup reported that the Department is cooperating with the Department of Finance thought there may not be a final budget until after October 7, 2003.

    2. UPDATE ON MARINE LIFE PROTECTION ACT TIMELINE.

      John Ugoretz reported that staffing and budget constraints have delayed any decisions at this time.

      Paul Weakland commented that this report showed a lack of accountability by the Department.

    3. UPDATE ON DEPARTMENT MONITORING PLAN FOR THE CHANNEL ISLANDS MPAS, INCLUDING SOCIO-ECONOMIC STUDIES.

      John Ugoretz gave a power point presentation on the Channel Islands Monitoring results. He reported on various outreach efforts, and summarized the socio-economic research and monitoring recommendations for the future. He noted that the recommendations had been mailed to Commissioners earlier this week.

      Vice President Chrisman commented that this was a great beginning and asked for explanation of the future studies.

      John Ugoretz responded that he is aware that the Department will not be able to hire any time soon, but stated that they need to continue working closely with the Sanctuary and UC Santa Barbara.

      Commissioner Kellogg asked if the Department was getting cooperation from the fishermen and Mr. Uroretz responded that they had.

      Commissioner Schuchat indicated that they had heard portions of this report at the Marine Subcommittee meeting and noted that the question of monitoring and data gathering in the Channel Islands is a high priority item that will continue to be on the agenda.

      Paul Weakland commented that the report did not mention any attempts to monitor failures of the MPAs.

    4. REPORT ON SECTION 8031 OF THE FISH AND GAME CODE.

      Deputy Director Mastrup reported that this is a more convoluted issue which will require additional time to resolve, as it involves fisheries other than sea cucumber.

  3. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
    1. SUBCOMMITTEE REPORTS.
      1. MARINE SUBCOMMITTEE.

        Vice President Chrisman reported that they discussed the management of the squid, groundfish and herring fisheries, permit stacking, and the Channel Islands Marine Protected areas monitoring issues.

        Commissioner Schuchat added that groundfish FMP issues will be on the agenda indefinitely as we are in the implementation phase of the project.

        Paul Weakland stated that the landing tax for the herring fishery is too high.

    2. STAFF REPORTS.

      No report provided.

  4. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.


    Joe Blum reported that the recent action taken to lessen the depth restriction regulations on boccacio have not made it to the Federal Register in Washington D.C. and as a result they will not be effective by the September 1, as originally hoped.

    Paul Weakland indicated that he was unhappy that Mr. Blum did not report on the recent action taken to stop global sonar use by the military.

  5. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    There was no report.

  6. FIELD TRIP - THE COMMISSION WILL TAKE A FIELD TRIP TO THE WARM SPRINGS FISH HATCHERY. THE PUBLIC IS INVITED, BUT MUST PROVIDE ITS OWN TRANSPORTATION.

    The Commission took a field trip to the Warm Springs Fish Hatchery to observe its work to develop a coho salmon broodstock to assist in coho recovery.

Meeting of
August 29, 2003 (Friday)
8:30 a.m.

City Council Chambers
100 Santa Rosa Avenue*
Santa Rosa

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

  1. ANNOUNCEMENT OF RESULTS FROM EXECUTIVE SESSION.

    Deputy Attorney General Cunningham reported that the Commission accepted its Hearing Officer's proposed decisions on the following license and permit items from the Commission's August 28, 2003, Executive Session:

    Joseph Tarabochia, Approved Dungeness Crab Vessel Permit.
    Dan McCafferty, Approved South Coast Region Nearshore Permit.
    David Trinchero, Reinstated PLM License.
    Verna Bruno, Denied Waiver of transfer fee for Commercial Herring Permit.
    Eddie Genovese, Denied Waiver of transfer fee for Commercial Herring Permit.

    1. CONSIDERATION OF CERTIFICATION OF FINAL ENVIRONMENTAL DOCUMENT, ADOPTION OF FINDINGS AND PROPOSED PROJECT (OR ALTERNATIVE), AND FINAL ADOPTION OF THE 2003-04 COMMERCIAL HERRING REGULATIONS - SECTION 163, TITLE 14, CCR.

      Received Department's report; received public testimony; Commission adopted the proposed 2003-2004 Commercial Herring Regulations as proposed to include Option 2, a limited fishery in San Francisco Bay.

    2. CONSIDERATION OF ADOPTION OF PROPOSED CHANGES TO SECTION 164, TITLE 14, CCR, RE: HARVESTING OF HERRING EGGS.

      Received Department's report; received public testimony; Commission adopted the proposed regulatory actions relating to the Roe on Kelp Fishery.

  2. RECEIPT OF DEPARTMENT PROPOSED OPTIONS OF THE 2004 RECREATIONAL GROUNDFISH FISHERY AND REQUEST FOR COMMISSION GUIDANCE.

    Received Department's report and recommendations; received public testimony; Commission directed the Department to provide its recommendations, including a lower OY option in regard to boccacio to the Pacific Fishery Management Council at its September 8-12, 2003, meeting in Seattle as California's preferred options for the recreational groundfish regulations.

  3. RECEIPT OF DEPARTMENT REPORT AND RECOMMENDATIONS FOR POSSIBLE AMENDMENTS TO COMMISSION POLICIES RE: COMMISSION AGENDA; COMMISSION OFFICE STAFFING NEEDS; LEGISLATION; AND AL TAUCHER'S PRESERVING HUNTING AND SPORT FISHING OPPORTUNITIES.

    Received Department's report; received public testimony.

  4. REQUEST OF RANCHO GARATE PLM, LASSEN COUNTY, FOR TWO ADDITIONAL BUCK TAGS FOR 2003 SEASON.

    Received Rancho Garate's request; received Department's recommendation; Commission denied request.

  5. APPROVAL OF PRIVATE LANDS HABITAT ENHANCEMENT AND WILDLIFE AREA LICENSE (2003-2008) AND 2003-2004 MANAGEMENT PLAN FOR:
    1. BASIN VIEW RANCH, MODOC COUNTY
    2. HATHOWAY OAK RUN RANCH, SHASTA COUNTY
    3. PBM FARMS, SISKIYOU COUNTY
    4. SL RANCH, MODOC COUNTY
    5. SPRING VALLEY RANCH, MENDOCINO COUNTY

    Approved; no public testimony.

  6. APPROVAL OF ANNUAL REPORT AND 2003-2004 PRIVATE LANDS HABITAT ENHANCEMENT AND WILDLIFE AREA PLANS FOR:
    1. BELL RANCH, TEHEMA COUNTY
    2. DIAMONDBACK RANCH, TEHEMA COUNTY
    3. ROSENDAHL RANCH, MODOC COUNTY
    4. R-R RANCH, MENDOCINO COUNTY
    5. SPANISH VALLEY RANCH, NAPA COUNTY

    Approved; no public testimony.

  7. REQUEST OF PINE RANCH PLM, COLUSA AND YOLO COUNTIES, FOR A DEER SEASON EXTENSION TO NOVEMBER 16, 2003.

    Approved; no public testimony.

  8. APPROVAL OF MINUTES

    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.

*These facilities are accessible to persons with disabilities.