April 1-2 , 2004, Meeting Summary

Meeting of
April 1, 2004 (Thursday)
10:00 a.m.

Resources Building Auditorium
1416 Ninth Street
Sacramento

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

  1. PRESENTATION OF A RESOLUTION BY WILDLIFE CONSERVATION BOARD.

    John Donnelly presented Commissioner Michael Flores with a resolution of appreciation for his tenure as Chairman of Wildlife Conservation Board.

  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.

    Randy Fry summarized the federal Sport Fishing Restoration Act (SFRA) program and stated that the funds from this tax program are going to MPAs and not enhancement of sport fisheries. He requested that the Commission create a SFRA oversight committee to improve stakeholder oversight. He also requested that the Commission direct the Department to recreate fishing licenses to include multiple copies which would solve some of the current problems with CRFS.

    Vice President Schuchat asked how each state's portion of the SFRA tax is determined.

    Randy Fry responded that each state comes up with grant proposals and then must provide 25% matching federal funds. He noted that last year $14 million dollars was allocated to California's Department of Fish and Game and Department of Boating and Waterways.

    Kate Wing provided a handout and discussed SB 1459 which would transfer management authority of the commercial halibut fishery to the Commission. She stated that this legislation would also prohibit trawling in state waters and set up a very basic limited entry fishery program.

    Commissioner Flores asked why the legislation and not the Commission, was defining the limited entry program.

    Ms. Wing explained that the Legislature would only establish a preliminary program until the Commission takes authority of the fishery, as implementation could take several years.

    Dr. Rick Staub provided handout to the Commission and requested that rubber boas and California mountain king snakes be added to the Native Captive Reptile Propagation Permit. He stated that his studies have shown that captive breeding programs decrease illegal activity and collection practices. He supplied observation records from the field to assist with the Department's argument that there is not enough data, as well as a list of recommendations for reptile collection licensing such as creating a distinction between fishermen and reptile collectors. He had both reptile species with him for the Commissioners to view.

    Executive Director Treanor explained that a similar request had been brought before the Commission before and was left open pending the submission of additional information that Dr. Staub was now supplying. He explained that staff would transmit this additional information to the Department for evaluation and a peer review, and then the Department would report back to the Commission with a recommendation. He suggested that the Commission set a time limit in which the Department must respond.

    The Commission directed the Department to report on their recommendation at the June 24-25, 2004, meeting in Crescent City.

    Camilla Fox provided a handout on trapping expressing her concerns with the wildlife damage control industry and pointed out that the Department is currently in violation of SB 1645. She stated that the Animal Protection Institute is concerned over the Department's lack of commitment to compliance. She requested assurance from the Commission that these issues will be addressed very soon.

    John Carlson responded that a package will be brought to the Commission in June and the Department is working on a new trapping guide book which complies with the legislation and in the meantime have included a disclaimer in the current guide, highlighting the illegal activity included in "Get Ready to Trap."

    Tom Belt discussed wildlife control trapping competency tests in California and stated that the Department is not ensuring skillful, proficient and competent trappers. He noted that he has proctored the Department's test for many years and not one person has ever failed the test. He read example questions from the current test. He summarized his efforts to spearhead a committee to research and create a new test and study materials and stated that the Department now has all of the draft plans from that committee, but has not implemented any of the recommendations.

    Dr. Gene Trapp supported comments by both Mr. Belt and Ms. Fox. He provided a handout summarizing his support for additional requirements for wildlife control operators.

    Jamie Ray supported additional requirements for wildlife control operators and noted that constituents will be arriving tomorrow to speak on the issue as well.

    Paul Weakland provided copies of the Department's news release regarding the draft Abalone Recovery and Management Plan and asked when the public will see progress with this plan. He requested that the Commission President take action to address these problems.

    Virginia Handley requested that Enforcement address the sales of non-native turtles and frogs in California. She pointed out that the Fund for Animals had voluntarily taken on orphaned leopards and animals at no expense to the Department and that SB 1645 was also sponsored by the Fund for Animals. She requested the Commission hold the Department to the provisions of this legislation.

  3. CONSIDERATION OF POSSIBLE ADOPTION OF PROPOSED CHANGES TO SECTION 677, TITLE 14, CCR, RE: DOG TRAINING AND ORGANIZATIONAL FIELD TRIALS PERMITS.

    Received Department's recommendations; received public testimony. Commission adopted proposed changes to include the deletion of the language "and if no firearms or other means of take are possessed in the field."

  4. CONSIDERATION OF THE AL TAUCHER PRESERVING HUNTING AND SPORT FISHING OPPORTUNITIES ADVISORY COMMITTEE'S RESOLUTION SUPPORTING "PUT AND TAKE" TROUT FISHING.

    Received Committee's resolution; received public testimony. Commission approved the resolution and directed staff to develop a policy recognizing the values of put and take trout fishing.

  5. REQUEST OF MIKE KENNEDY, WON BASS, FOR THE COMMISSION TO CONSIDER AMENDING SECTION 230, TITLE 14, CCR, RE: ISSUANCE OF PERMITS FOR CONTESTS OFFERING PRIZES FOR THE TAKING OF GAME FISH.

    Mr. Kennedy withdrew his request as the issue was resolved administratively with the Department; received public testimony.

  6. REQUEST OF MARC SANDSTROM FOR THE COMMISSION TO CONSIDER AMENDING SECTION 630, TITLE 14, CCR, TO ALLOW BICYCLES ON THE BATIQUITOS LAGOON ECOLOGICAL RESERVE TRAIL.

    Received Mr. Sandstrom's testimony, received the Department's recommendations. Item was continued to the Commission's August 26-27, 2004, meeting in Morro Bay.

  7. REQUESTS OF YORKTOWN TECHNOLOGIES, L.P., FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMERS SERVICES, BAYBIO AND PETFISHTALK.COM FOR RECONSIDERATION OF COMMISSION DENIAL TO CONSIDER AMENDING SECTION 671, TITLE 14, CCR, TO EXEMPT FLUORESCENT ZEBRA FISH FROM THE RESTRICTED SPECIES LIST.

    Received request of Yorktown Technologies, L.P., received public testimony.
    Commission authorized staff to publish notice of its intent to consider amendments to Section 671, Title 14, CCR.

  8. PRESENTATION RE: U.C. BERKELEY'S WILD TURKEY STUDY/COLLECTION IN STATE PARKS.

    Received presentation from Dr. Reg Barrett.

  9. RECEIPT OF DEPARTMENT BIENNIAL STATUS REPORT ON THE RECOVERY OF THE BANK SWALLOW (Riparia riparia).

    Received Department's report.

  10. DEPARTMENT REPORT AND RECOMMENDATIONS ON ITS REVIEW OF COMMISSION POLICIES.

    Received Department's report and recommendations for a minor amendment to Commission Policy on Planting Fish in Youth Camps.

OTHER

  1. RECEIPT OF DEPARTMENT LEGISLATIVE REPORT.

    Julie Oltmann provided the Commission with a handout of proposed legislation of interest to the Department and the Commission.

    Virginia Handley provided the Commission with a handout of proposed legislation of interest to the Fund for Animals.

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

      No report.

    2. UPDATE ON CRFS.

      Written report received on April 2, 2004.

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

      No report.

  3. RECEIPT OF COMMISSION INFORMATIONAL ITEMS.
    1. SUBCOMMITTEE REPORTS.
      1. MARINE SUBCOMMITTEE
        Executive Director Treanor noted that he next Marine Subcommittee is scheduled for April 29, 2004, in Concord.
      2. AL TAUCHER POLICY ADVISORY COMMITTEE.

        Commissioner Flores reported that the recent meeting was very well attended and that he was sad to report that committee member Bob Terry had passed away just a few days after the meeting. He noted that one of the committee's current goals, and the subject of agenda item 4, is to preserve the heritage of trout fishing and make it a priority as it once was in California.

    2. STAFF REPORTS.

      No report.

  4. RECEIPT OF FEDERAL AGENCIES INFORMATIONAL ITEMS.

    No report.

  5. RECEIPT OF LEGAL COUNSEL INFORMATIONAL ITEMS.

    No report.


Meeting of
April 2, 2004 (Friday)
8:30 a.m.

Resources Building Auditorium
1416 Ninth Street
Sacramento

ALL MEETINGS OPEN TO THE PUBLIC

DISCUSSION ITEMS

  1. Commission accepted its Hearing Officer's proposed decisions on the following license and permit items from the Commission's April 1, 2004, Executive Session:
    1. SUSAN CAREY, APPROVED, RESIDENT RESTRICTED SPECIES EXHIBITING PERMIT.
    2. TERRY GUMMERMAN, APPROVED, NEARSHORE FISHERY PERMT.
    3. WILLIAM HEBARD, DENIED, NEARSHORE FISHERY PERMIT.
    4. TIM HOEFLINGER, APPROVED, NEARSHORE FISHERY PERMIT.
    5. MIKE LIMON, DENIED, DEEPER NEARSHORE FISHERY PERMIT.
    6. DAVID SHAKE, REVOKED, TIER 2 SPOT PRAWN TRAP VESSEL PERMIT.
  2. PRESENTATION BY DIRK ROSEN, MARINE APPLIED RESEARCH AND EXPLORATION, RE: HIS EFFORTS TO DEVELOP BASELINE MONITORING OF MPAS AT CHANNEL ISLANDS.

    Received presentation from Dirk Rosen; received public testimony.

  3. CERTIFICATION OF COMMISSION'S DECEMBER 3, 2003, EMERGENCY ACTION TO CLARIFY THE NEW BAY-DELTA SPORT FISHING ENHANCEMENT STAMP'S GEOGRAPHIC RANGE (SECTION 1.18, TITLE 14, CCR).

    Received update from Department; received public testimony. Commission certified the emergency action to clarify the new Bay-Delta sport fishing enhancement stamp's geographic range.

  4. DISCUSSION OF PROPOSALS FOR CHANGES IN THE 2004-2007 MAMMAL HUNTING AND TRAPPING REGULATIONS. The Department of Fish and Game has withdrawn its proposal to amend sections 465, 465.5, 467, 475, and 478; and to add sections 458.1, 459, 459.1, 459.2, 465.6 and 468, Title 14, CCR concerning the trapping regulations. The Department will work with constituents and will submit a new proposal to the Commission at its June 24-25, 2004 meeting.

    Received the Department's recommendations; received public testimony.
    Commission will consider the adoption, amendment or repeal of the regulations as proposed, at its April 22, 2004, teleconference meeting.

  5. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 7.50(b)(91.1), TITLE 14, CCR, RE: KLAMATH-TRINITY RIVER SALMON REGULATIONS.

    Received Department's recommendations; received public testimony.
    Commission will consider adoption at its May 4, 2004, meeting in San Diego.

  6. RECEIPT OF PUBLIC TESTIMONY ON PROPOSED CHANGES TO SECTION 27.80, TITLE 14, CCR, RE: OCEAN SALMON FISHING REGULATIONS.

    Received Department's recommendations; received public testimony. Commission will consider adoption at its April 22, 2004, teleconference meeting.

  7. REQUEST BY WILLIAM JAMES FOR A DISCUSSION OF THE FEDERAL HARVEST CONTROL RULE (40/10) FOR FEDERALLY MANAGED GROUNDFISH AND THE CALIFORNIA NFMP HARVEST CONTROL RULE (60/20) FOR THE NINETEEN NEARSHORE FINFISH SPECIES AND REQUEST TO AMEND THE NFMP HARVEST CONTROL RULE.

    Received Mr. James' presentation and report for conformance of the Nearshore FMP Harvest Control Rule with the PFMC's Harvest Control Rule of 40/10; received Department's recommendations; received public testimony. Commission took no action.

  8. UPDATE ON PROPOSED OPTIONS FOR GROUNDFISH MANAGEMENT FOR 2005-2006 AND REQUEST FOR GUIDANCE.

    Received Department's recommendations; received public testimony. Commission directed the Department to consider the "multi-year" average of data from years 2005 - 2007 for cabezon.

CONSENT CALENDAR- ALL APPROVED

  1. DEPARTMENT REQUEST FOR AUTHORIZATION TO ACCEPT FEE TITLE
    TRANSFER OF 8 ± ACRES HABITAT MANAGEMENT LAND, SONOMA COUNTY.

    Approved; no public testimony.

  2. APPROVAL OF MINUTES.

    Approved; no public testimony.

OTHER

  1. ANNOUNCEMENT OF FUTURE MEETINGS.